AI Overview...
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Seasonal Workman - The term refers to workers engaged during specific seasons, such as sugarcane crushing, with employment often limited to those periods. Several cases highlight the legal distinctions and entitlements of seasonal workmen, including their right to benefits, reinstatement, and continuity of service. Some courts have found workers to be seasonal workmen based on their engagement pattern, while others have questioned or denied this status depending on the nature of employment and the specific standing orders or agreements. U. P. State Sugar Corporation Ltd. Now M/s Dowiala Sugar Company Ltd. Doiwala Through its Executive Director VS Niraj Kumar - Supreme Court, GANGESHWAR LTD. VS STATE OF UTTAR PRADESH - Allahabad, KISAN SAHKARI CHINI MILLS LTD. AND ORS. VS AWADHESH SINGH - Allahabad, Brij Pal Singh
VS State of U. P. - Allahabad, AWADESH SINGH VS KISAN SAHKARI CHINI MILLS LTD. - Allahabad, TRIVENI ENGINEERING WORKS SUGAR UNIT, MUZAFFARNAGAR VS PRESIDING OFFICER - Allahabad, North Bihar Sugar Mills Ltd. VS State Of Bihar - Patna, Triveni Engineering and Industries Ltd. VS State of U. P. - Allahabad, General Manager, M/s. U. P. State Sugar Corporation VS State of U. P. - Allahabad, Anil Bapurao Kanase VS Krishna Sahakari Sakhar Karkhana LTD. - Supreme Court -
Legal Definitions and Criteria - Standing Orders and legal provisions define seasonal workmen as those engaged for specific seasons, such as crushing periods, with eligibility for certain benefits if they work for consecutive seasons. The courts have examined factors like continuity of service, nature of work, and engagement pattern to determine their status. The distinction between seasonal and permanent workers influences entitlement to wages, allowances, and reinstatement. KISAN SAHKARI CHINI MILLS LTD. AND ORS. VS AWADHESH SINGH - Allahabad, Brij Pal Singh
VS State of U. P. - Allahabad, AWADESH SINGH VS KISAN SAHKARI CHINI MILLS LTD. - Allahabad, Triveni Engineering and Industries Ltd. VS State of U. P. - Allahabad -
Entitlements and Benefits - Courts have generally held that seasonal workmen who work across multiple seasons and meet specific criteria are entitled to benefits such as wages, allowances, and reinstatement. For instance, workers engaged for three consecutive seasons have been recognized as seasonal workmen with rights to benefits, emphasizing the importance of continuous engagement. Conversely, workers engaged only for a single season or not meeting the criteria may not qualify for such benefits. AWADESH SINGH VS KISAN SAHKARI CHINI MILLS LTD. - Allahabad, Triveni Engineering and Industries Ltd. VS State of U. P. - Allahabad, General Manager, M/s. U. P. State Sugar Corporation VS State of U. P. - Allahabad
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Disputes and Court Rulings - Legal disputes often revolve around whether a worker qualifies as a seasonal workman and thus is entitled to benefits and reinstatement. Courts have scrutinized employment patterns, standing orders, and the nature of work to arrive at decisions. Some cases affirm the status of workers as seasonal workmen, while others deny it based on the specifics of their engagement. The courts also recognize that dismissal of seasonal workers may sometimes be considered a retrenchment, subject to legal procedures. GANGESHWAR LTD. VS STATE OF UTTAR PRADESH - Allahabad, Brij Pal Singh
VS State of U. P. - Allahabad, North Bihar Sugar Mills Ltd. VS State Of Bihar - Patna, Anil Bapurao Kanase VS Krishna Sahakari Sakhar Karkhana LTD. - Supreme Court
Analysis and Conclusion:
The concept of a seasonal workman primarily pertains to workers engaged during specific periods, such as sugarcane crushing seasons, with their employment status and entitlements determined by their engagement pattern, standing orders, and legal definitions. Courts have consistently held that workers who demonstrate continuity over multiple seasons are entitled to benefits, including wages, allowances, and reinstatement. However, the legal recognition of such workers depends on specific employment circumstances, with some disputes arising over whether certain workers meet the criteria for seasonal status. Overall, the legal framework aims to protect seasonal workers' rights while distinguishing them from permanent or temporary employees.
Search Results for "Seasonal Workman"
2009 0 Supreme(SC) 1350 • India - Supreme Court
R.M.LODHA, TARUN CHATTERJEE
was a seasonal workman. ... become seasonal workman – Burden to establish that he was a seasonal workman lies on the workman – No legal basis for Labour court ... to hold the respondent a seasonal workman. ... Having perused the award of the Labour Court carefully, we find it difficult to fathom on what basis the Labour Court recorded the finding that the first respondent was engaged as seasonal workman#H....
2000 0 Supreme(All) 1115 • India - Allahabad
P.C.VERMA
Labour Dispute - Seasonal Workman - Standing Orders - [Standing Orders covering the condition of employment of workman in Vacuum ... The workman claimed to be a seasonal workman and entitled to continue in the next crushing season, while the petitioner argued that ... Finding of the Court: The Tribunal found the workman to be a seasonal workman and awarded wages and retaining allowance ... This was a case of Weighhment Clerk in wh....
1993 0 Supreme(All) 306 • India - Allahabad
S.C.MATHUR, R.A.SHARMA
SEASONAL WORKMAN - STANDING ORDERS - U. P. ... Issues: Whether the respondent was a seasonal workman entitled to the benefits and privileges admissible to such a workman ... Ratio Decidendi: The court held that the respondent was not a seasonal workman because he was not engaged for the crushing ... Standing Order defines seasonal workmen as follows. ... Merely because the nature of work of a daily wager is not of casual nature, h....
2004 0 Supreme(All) 2167 • India - Allahabad
RAKESH TIWARI
Seasonal Workman - Employment Dispute - U.P. ... workman. ... Issues: The issues revolved around the entitlement of a seasonal workman to reinstatement, continuity of service, and full ... A seasonal workman is defined in Clause B (ii) and temporary workman is defined in Clause B (iii) of the Standing Order as under ; ... "b. ... It was also held that in view of the language of the reference neither the workman could be declared #H....
1993 0 Supreme(All) 157 • India - Allahabad
S.R.SINGH
STANDING ORDERS - SEASONAL WORKMAN - ENTITLEMENT TO BENEFITS - Petitioner, engaged as sheet writer/weighment clerk during crushing ... The court held that the petitioner, having worked for three consecutive seasons, was a seasonal workman entitled to the benefits ... Final Decision: The writ petition was allowed, and the Mills were directed to treat the petitioner as a seasonal workman and ... The petitioner has to be treated as a seasonal workman e....
2013 0 Supreme(All) 2483 • India - Allahabad
TARUN AGARWALA
Sugar factory—Non-employment—Seasonal workman—Legality of—Non-employment of respondents for the crushing season 1989-90—Respondents ... had worked for entire crushing season 1988-89 and they do not come under the category of the seasonal workman—Management under obligation ... to employ workmen and after then work in the current season of 1989-90, since the workman had worked for the whole of the preceding ... On the other hand, there is ample evidence to indicate that the wo....
1979 0 Supreme(Pat) 101 • India - Patna
VISHWANATH MISHRA, B.P.JHA
Industrial Disputes Act Secs 10(1) (c) & (d) with Schedules 2 & 3 - A seasonal ... dismissal is synonymous - Even if item 7 schedule three applies the dispute can be referred to Labour Court as it affect only one workman ... ... There are two types of workmen in Sugar Mills seasonal and permanent, Seasonal workmen work in cane crushing season whereas permanent workmen work during the whole year. Earlier Shyam Sunder Singh was a seasonal wo....
2019 0 Supreme(All) 853 • India - Allahabad
YOGENDRA KUMAR SRIVASTAVA
had worked as seasonal workman on post of 'Cane Weighment Clerk' – Petitioner entitled to benefits under Sugar Factories Standing ... had worked as seasonal workman on post of 'Cane Weighment Clerk' – Petitioner entitled to benefits under Sugar Factories Standing ... on post of Seasonal Weighment Clerk with continuity of service from season 2004-05 onwards with full back wages and consequential ... Having perused the award of the Labour Court carefully, we find it difficult to fathom on what basis the L....
2013 0 Supreme(All) 1357 • India - Allahabad
TARUN AGARWALA
... (B) Termination—Categories of workers—Permanent workman, Seasonal ... workman, Temporary workman and substantive workman—Discussed. ... (A) Termination—Seasonal workers—Labour Court holding that since these workers were working since long, action of respondents terminating ... Clause K provides specific conditions of the Government employees of seasonal workman, which is extracted hereunder: ... "K. Special Conditions Governing Employment of #HL_....
1997 5 Supreme 646 • India - Supreme Court
G.B.PATTANAIK, K.RAMASWAMY, S.SAGHIR AHMAD
Industrial Disputes Act, 1947-Section 25-F-Retrenchment-Seasonal workman-Appellant ... however to maintain a register and engage the workman when season starts. ... was engaged in seasonal work in Chemistry Section of sugar factory-Services were terminated when work was over-It was No. 1 retrenchment ... Ram Kishan & Ors2, in paragraph 3, this Court has dealt with engagement of the seasonal workman in sugarcane crushing; in paragraph 4, it is stated that it was not a case of retrenchme....
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