MODI SUGAR MILLS (A UNIT OF MODI INDUSTRIES LTD. MODI NAGAR), GHAZIABAD Vs. LABOUR COURT (II), UTTAR PRADESH, GHAZIABAD AND ORS.

JUDGEMENT

(1.) HEARD Sri S.S. Nigam, learned counsel for the petitioner and Sri Gopal Narain and Sri Shyam Narain, learned counsel appear­ing for the respondents.

(2.) THE present writ petition has been filed for quashing the award dated 11-7-1997 and order dated 27-10-2000 as well as the order dated 31-12-2004. It appears that respondent-workman who claimed himself to be a sea­sonal employee since 1989. He was not per­mitted to work then he approached the lower court under the Industrial Disputes Act and af­ter receipt of the notice, the petitioner filed a reply/written statement and the award was given by the court by order dated 11-7-1997 and was published on 13-1-1998, when the petitioner came to know, he filed an applica­tion for recall of the said order that was not being considered then he filed a writ petition for the aforesaid reliefs.

(3.) THE question is whether such a cessation would amount to retrenchment. Since it is only a seasonal work, the respondents cannot be said to have been retrenched in view of what is stated in clause (bb) of Section 2(oo) of the Act. Under these circumstances, we are of the opinion that the view taken by the Labour Court and the High Court is illegal. However, the appellant is directed to maintain a register for all workmen engaged during the seasons enumerated hereinbefore and when the new season stalls the appellant should make a pub­lication in neighbouring places in which the respondents normally live and if they would report for duty, the appellant would engage them in accordance with seniority and exi­gency of work."