A daily wager, appointed on a day-to-day basis to meet a temporary need, cannot be treated as a seasonal workman, even if the work is of a permanent nature.

( 1 ) RESPONDENT was appointed on daily wages basis, as Sheet-Writer/weighment Clerk in the appellants sugar mill (hereinafter referred to as the mill)in crushing season 1988- 89 and it is claimed that he continued to work in that capacity in subsequent Seasons upto 1990-91, but when the mill re-opened in the next crushing season on November 8, 1991 he was not called to join his duties. Accordingly he filed the writ petition for writ of mandamus directing the appellants, who are arrayed therein as respondents, to permit him to resume his duties as permanent Seasonal Sheet-Writer/weighment Clerk in the mill. Prayer for payment of wages/salary from November 8, 1991, was also made. The appellants filed counter-affidavit in the above mentioned writ petition and in reply thereto the respondent has filed rejoinder affidavit. Supplementary counter and rejoinder affidavits were also exchanged between the parties,

( 2 ) WRIT petition of the respondent was allowed by learned single Judge and directions were issued to the appellants to treat the respondent as seasonal workman and to give him the benefit and privilege admissible to such a workman under standing orders, 1988, read with notification issued under Section 3 (b) of the U. P. Industrial Disputes Act. Appellants being aggrieved by the above judgment, have filed this appeal. We have heard learned counsel for the appellants and learned counsel for the respondent.

( 3 ) THE claim of the respondent to the effect that he worked in the whole crushing season of 1989-90 and continued to work in subsequent crushing season upto 1990-91, has been disputed by the appellants in the counter-and supplementary counter affidavits, wherein it has been stated that respondent was appointed on daily wages basis to meet the additional work which arose due to the notification of the cane Commissioner, whereby eight new cane centres, which were earlier in reserve area of other sugar mills, were allotted to the mill. It was further stated that the respondent did not work for the whole crushing season in any of the crushing seasons, right from 1988-89 to 1990-91.

( 4 ) THE question which is required to be decided by this court is as to whether on the basis of material on record the respondent could be treated to be seasonal workman so as to give him a right to work in subsequent crushing seasons. It is admitted by both the parties that Standing orders covering the conditions of employment of workmen in Vacuum Pan Sugar Factories in u. P. has been framed and appellants mill is a Vacuum Pan Sugar Factory to which standing orders are applicable. Standing Order defines seasonal workmen as follows. "a seasonal workman is one who is engaged only for the crushing season: provided that if he is a retainer, he shall be liable to be called on duty at any time in the off-season and if he refuses to join or does not join, he shall lose his lien as well as his retaining allowance. However, if he submits a satisfactory explanation for his not joining duty, he shall only lose his retaining allowance for the period of his absence. " temporary workman has been defined as under: "a temporary workman is one who is engaged for work of a temporary or casual nature or to fill in a temporary need of extra hands on permanent, seasonal or temporary posts. "

( 5 ) IN paragraph 5 of the supplementary counter-affidavit number of days on which the respondent has worked during the three crushing seasons, have been given according to which in the crushing season 1988-89, out of 160 working days the respondent worked for 98 days, in sea-son 1989-90, out of 160 days he worked for 126 days and in the year 1990-91, out of 140 days he worked for 127 days. From perusal of the affidavits filed by the parties it is apparent that the respondent was not appointed on any post, temporary or permanent, and his appointment runs from day to day and is not for any of the crushing seasons. He did not work for the whole of the crushing s