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2009 Supreme(SC) 1363

TARUN CHATTERJEE, R.M.LODHA
U. P. STATE SUGAR CORPORATION LTD. NOW M/s. DOWIALA SUGAR COMPANY LTD – Appellant
Versus
NIRAJ KUMAR – Respondent


Advocates:
ANAGHA S.DESAI, DEEPAM GARG, L.D.Joshi, M.K.MICHAEL, VENKATESWARA RAO ANUMOLU, VINAY GARG

R. M. LODHA, J.

( 1 ) 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 vacuum 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. , 1



















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