JASWANT SUGAR MILLS LIMITED MEERUT Vs. BADRI PRASAD

JUDGEMENT

(1.) These appeals arise out of an industrial dispute between the appellant company and some of its workmen. The dispute was set out in the order of reference in these terms:-

(2.) Both parties appealed to the Labour Appellate Tribunal. That Tribunal putting a different construction on the definition of permanent workman held that all the 11 had acquired the status of permanent workmen. Regarding the wages for the period of unemployment the Appellate Tribunal held that the ends of justice would be met by allowing these workmen 50 per cent of their wages for the period of their forced unemployment till their reinstatement. Accordingly, the Labour Appellate Tribunal dismissed the employer's appeal and allowed the workmen's appeal.

(3.) The main question for our consideration in the present appeal by the employer by special leave is the proper construction of the definition of a permanent workman. In deciding on the proper meaning to be attached to the words and phrases used in the definition it will be proper to consider the question in the background of the definition in the Standing Order of two other kinds of workmen, viz., Seasonal Workmen and Temporary Workmen. A Seasonal Workman is defined as one who is engaged for the crushing season only and/or may also be employed for the period necessary for cleaning and overhauling either before or after the season and is discharged after the work is finished. A Temporary Workman is defined as one who is engaged in the work of a temporary and casual nature or to fill in a temporary need of extra hands on permanent or temporary jobs.