B.N.BANERJEE
TULSIDAS PAUL – Appellant
Versus
SECOND LABOUR COURT OF WEST BENGAL – Respondent
( 1 ) THE petitioner firm carry on business as manufacturers of umbrellas, at No. 252-C, Chittaranjan Avenue, in the town of Calcutta. The demand for umbrellas being of seasonal nature the work of umbrella manufacture is carried on in the factory of the petitioner firm for about seven months in the year, namely from the month of January or February to August. It is stated in the petition, that at the beginning of each manufacturing season workmen are engaged in the factory on the basis of estimated seasonal requirement, on piece rate basis. Excepting a skeleton staff, the factory of, the petitioner firm does not, it is stated, employ any workmen during off-season.
( 2 ) THIS version is not, however, admitted in the affidavit-in-opposition affirmed on behalf of respondents Nos. 2, 3 and 6 to 13 (namely, the All India Chhata Karkhana Mazdur Union, workmen of the petitioner said to be represented by All India Chhata Karkhana Mazdur Union and certain dismissed workmen, hereinafter referred to ). It is therein stated that the ending of the manufacturing season does not out an end to the contract of service and all workmen, except those temporarily employed in the pr
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