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2006 Supreme(SC) 1108

S.B.SINHA, MARKANDEY KATJU
Bhogpur Co-op. Sugar Mills LTD. – Appellant
Versus
Harmesh Kumar – Respondent


JUDGMENT

S.B. Sinha, J. - Leave granted.

2. Appellant is a cooperative society. It is registered under the Punjab Cooperative Societies Act, 1961. It operates a sugar mill. It is said to be a seasonal industry. At the beginning of the season, workmen are recruited and they are retrenched at the end of it. Respondent was appointed as a seasonal workman. He was appointed on daily wage basis. On or about 14.03.1992, he raised an industrial dispute in terms of Section 2A of the Industrial Disputes Act, 1947 (for short "the Act") pursuant whereto or in furtherance whereof the State of Punjab in exercise of its jurisdiction under Section 10(1)(c) of the Act referred the following dispute to the Labour Court by a notification dated 8.07.1996:

"Whether termination of services of Sh. Harmesh Kumar workman is justified and in order? If not, to what relief/ exact amount of compensation is he entitled?"

3. The Presiding Officer, Labour Court, Gurdaspur opining that the workman has not been able to establish that he had worked for 240 days held that the respondent having not been called by the appellant in the subsequent crushing seasons and also having called his juniors violated the provision






















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