THE MANAGEMENT OF THE DIVISIONAL FOREST OFFICER (KL), SAMBALPUR KENDU LEAF DIVISION Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) ORDER of the Labour Court, Sambalpur (in short, the 'Labour Court') is under challenge in this writ application by Divisional Forest Officer (K.L.) Sambalpur Kendu Leaf Division", Sambalpur. A reference was made under Section 10 of the Industrial Disputes Act, 1947 (in short, the 'Act') to the Labour Court to adjudicate the following dispute.

(2.) ACCORDING to learned counsel for petitioner, direction given was beyond the scope of reference because dispute was alleged refusal of employment and legality thereof Kendu leaf season, 1988. Undisputed position being that the workmen was employed on a casual basis during Kendu leaf season, there was no question of reinstatement and payment of back wages. Learned counsel for the workman on the other band submitted that essence of dispute has to be considered and incidental matters can also be gone into.

(3.) THE controversy can also be looked at from another angle. The workman was working during Kendu leaf season only. He was taken into work for the season and consequent to closure of season, he ceased to work. Such cessation does not amount to retrenchment. Since it is only a seasonal work, the workman cannot be said to have been retrenched in view of what is stated in Clause (bb) of Section 2(oo) of the Act. Therefore, the direction for reinstatement is untenable. Similar view was expressed by the apex Court in Morinda Coon Sugar Mills Ltd v. Ram Kishan and Ors , .