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1995 Supreme(SC) 862

B.L.HANSARIA, K.RAMASWAMY
Morinda Co-operative Sugar Mills – Appellant
Versus
Ram Kishan – Respondent


Advocates:
N.D.GARG, S.K.VERMA

JUDGMENT :- Leave granted.

2. We have heard the counsel on both sides. The Labour Court and the High Court in the impugned judgment dated July 29, 1994 made in CWP Nos. 10033-35 of 1994 concluded that since the respondents had worked for more than 240 days in a year, they were retrenched workmen within the meaning of Section 2(oo) of Industrial Disputes Act, 1947 (for short, `the Act). Consequently, requirements of Section 25-F of the Act need to be satisfied but it was not done. So, held that the retrenchment is void and consequently reinstatement of the respondents was directed. Thus, this appeal by special leave.

3. When we directed the appellants to furnish the crushing seasons in which the factory worked, they filed additional affidavit and for the years 1987-88 to 1993-94, crushing seasons were given as follows:-

Crushing YearCommenced onClosed on

1987-887-11-198718-4-1988

1988-8928-11-198817-4-1989

1989-9019-11-198930-4-1990

1990-9125-10-19907-3-1991

1991-9230-10-199117-4-1992

1992-9328-10-199216-10-1993

1993-942-11-199310-3-1994

4. It would thus be clear that the respondents were not working throughout the season. They worked during crushing only. The respondents were taken into work



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