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2009 Supreme(SC) 1350

R.M.LODHA, TARUN CHATTERJEE
U. P. State Sugar Corporation Ltd. Now M/s Dowiala Sugar Company Ltd. Doiwala Through its Executive Director – Appellant
Versus
Niraj Kumar – Respondent


Judgment :-

R.M. Lodha, J.

This group of six appeals by special leave involving identical issues was heard together and is being disposed of by a common judgment.

2. In Civil Appeal No. 3002/2007, both the parties are represented by their counsel and, therefore, we deem it appropriate to take up the facts from this appeal.

3. The appellants, U.P. State Sugar Corporation Limited, (for short, "Corporation"), is engaged in manufacture of white crystal sugar by vaccum process. The sugar Unit is a seasonal Unit which functions for a period of about 5 months in a year depending upon the allocation of sugar cane to the concerned Unit by the Cane Commissioner, U.P.. During the crushing season 1996-1997, the appellant engaged Niraj Kumar, the respondent no. 1 (for short, "workman"), purely on temporary/daily wages basis.

According to the Corporation, the workman was engaged as weighment Clerk as an additional hand in the mid of the crushing season 1996-97 i.e. from January 1, 1997; the workman worked upto April 15, 1997 and on and after that date, his engagement ceased.

4. The workman raised an industrial dispute alleging that by not engaging him in the next crushing season viz., 1997-98, al






















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