P.B.SAWANT, R.M.SAHAI
Maharashtra State Co-operative Cotton Growers Marketing Federation LTD. : State Of Maharashtra – Appellant
Versus
Employees Union: Maharashtra State Co-operative Cotton Growers Marketing Federation Employees Union – Respondent
Judgment
SAWANT, J.:- The crucial question that falls for consideration in the present case is whether the award dated 31-8-1984 of the Industrial Tribunal (hereinafter referred to as Patankar Award) is applicable to the seasonal employees involved in the present proceedings. To appreciate the controversy between the parties, the facts and events which preceded and succeeded the said award have also to be looked into.
The State Government under Section 42 of the Maharashtra Raw Cotton (Procurement, Processing and Marketing) Act, 1971, appointed the Maharashtra Co-operative Marketing Federation (hereinafter referred to as Marketing Federation), a co-operative society, as the chief agent to implement the Cotton Monopoly Procurement Scheme (the Cotton Scheme). The Marketing Federation was before that date engaged in the marketing of several commodities. From that date onwards till 31-8-1984, it continued to act as the chief agent of the State Government for procurement, processing and marketing of cotton as well. For this purpose it recruited and maintained a separate section with a separate staff. The staff consisted of those who were needed throughout the year and those who were neede
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