MAHARASHTRA STATE COOPERATIVE COTTON GROWERS MARKETING FEDERATION LIMITED STATE OF MAHARASHTRA Vs. EMPLOYEES UNION:MAHARASHTRA STATE COOPERATIVE COTTON GROWERS MARKETING FEDERATION EMPLOYEES UNION

JUDGEMENT

(1.) The crucial question that falls for consideration in the present case is whether the award dated 31-8-1984 of the Industrial Tribunal (hereinafter referred to as 'Patankar Award') is applicable to the seasonal employees involved in the present proceedings. To appreciate the controversy between the parties, the facts and events which preceded and succeeded the said award have also to be looked into.

(2.) The appellants challenged the said order by a writ petition in the High Court. The learned single Judge dismissed the petition holding that the Patankar Award had become final and since it had given the direction to make permanent even the seasonal employees who had put in more than 240 day's of service, the writ petition had no merit. The Letters Patent Appeal filed before the Division Bench of the High Court was also dismissed on the same ground by the impugned decision dated 27-3-1992. It is against the said decision that the present appeals have come before us.

(3.) Before we advert to the respective contentions of the parties, it would be advantageous to clear some conceptions regarding the nature of the operations involved in the Cotton Scheme, the category of the staff employed and the character of the seasonal employment under it. Although some attempt was made before us on behalf of the respondent-Union to show that the operation of procuring and processing of cotton is carried on throughout the year, there is nothing on record to support the said contention. On the other hand, the record show's that out of the three operations under the Scheme, the procurement and processing of cotton lasts on an average only for six months from November to April in the principal cotton regions, viz., Vidharbha. Marathwada and West Khandesh and rarely extends beyond that period depending upon the cotton crop. In fact, if the crops is less, the said period even ends earlier. In Western 'Maharashtra. where there is scant crop of cotton, the procurement and processing season lasts only for about four months from August to November. Hence the staff needed for procurement and processing is only' for about six months on an average but never beyond 7 to 8 months in any year. It is only the operation of marketing which goes on throughout the year and for the marketing as well as for the maintenance of accounts the staff is needed throughout the year. The seasonal staff is further classified into permanent, temporary, casual and part-time. The permanent seasonal employees have scales of wages different from those of the perennial staff. So also the part-time employees have scales of pay different from those of the full-time seasonal employees. The permanent seasonal employees are paid their full wages during the season. i.e., when they are in employment, according to the scale of pay. They are also paid their annual increments in that scale. During the off-season, they are paid monthly retention allowance equivalent to 25 per cent of their monthly salary. In respect of the said employees, further a seniority list is maintained and this seniority list is scrupulously adhered to while employing them. If there is any vacancy in the perennial posts, the recruitment is first made from the seasonal employees according to the said seniority list. In addition, the following facilities are given to them