Full Judgment Text
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PETITIONER:
M/s. L. H. SUGAR FACTORIES AND OIL MILLS (P) LTD.
Vs.
RESPONDENT:
THEIR WORKMEN
DATE OF JUDGMENT:
03/08/1962
BENCH:
MUDHOLKAR, J.R.
BENCH:
MUDHOLKAR, J.R.
GAJENDRAGADKAR, P.B.
GUPTA, K.C. DAS
CITATION:
1967 AIR 161 1963 SCR (3) 571
ACT:
Industrial Dispute-"Crushing Season"-Meaning of Date which
the crushing season ended-Induastrial Disputes Act. 1947 (14
of 1947).
HEADNOTE:
The appellants employed about 1,600 seasonal workers and
about 650 permanent workers. The cane crushing process
terminated on March 1,2, 1959, and on that day about 1,000
of the 1,600 seasonal workers left for their homes by the
evening after receiving their dues. The remaining seasonal
workers continued to work in the factory till March 16,
1959. Under the term of a previous award, they were
entitled to three days’ closure holidays. According to the
Appellant the crushing season must be regarded as having
ended on’ March 16, 1959, which was the last day on which
the factory was worked and that only those seasonal workers
who were borne on the muster roll of the factory on March
17, 1959, would be entitled to three days’ closure holidays.
The point for consideration was whether the "Crushing
season" of 1958-59 must be deemed to have ended on March 12,
1959, when the actual crushing of sugar cane stopped, or on
March 16, 1959. when all ancillary operations in the factory
came to an end and the entire machinery was at a stand-
still.
Held, that the expression "Crushing Season" must be given
its ordinary meaning unless it is shown that in the industry
in question it has acquired some other meaning. There was
no evidence, before the tribunal to the effect that
"crushing season" meant the period during which the factory
was actually working and not merely the period during which
the crushing operations were being carried on. Since the
operations came to an end on March 12, 1959, the crushing
must be held to have ended on that day, and, therefore, the
seasonal workers borne on the muster roll on March 13, 1959,
were entitled to three days’ closure holidays.
JUDGMENT:
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 254 of 1962.
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572
Appeal by special leave from the Award dated May 1, 1961, of
the Industrial Tribunal (111), U.P. at Allahabad in
Reference No. 69 of 1959.
G.S. Pathak, J. B. Dadachanji, O. C. Mathur and Ravinder
Narain, for the appellants.
B. P. Maheshwari, for the respondents.
1962, August 3- The Judgment of the court was delivered by
MUDHOLKAR, J.-The only point for consideration in this
appeal by special leave from an award of the Industrial
Tribunal at Allahabad is whether the "crushing season" of
1958-59 must be deemed to have ended on March 12, 1959 when
the actual crushing of sugar cane stopped or on March 16,
1959 when all ancillary operations in the factory came to an
end and the entire machinery was at a standstill. According
to the appellants the "crushing season" came to an end on
the latter date while according to the respondents who are
the employees of the factory it came to an end on the former
date.
The importance of determining the date on which the season
terminated arises out of the admitted position that only
those seasonal workers who are borne on the muster roll of
the factory on the day next to the date on which the
crushing season ended would be entitled to three days’ clos-
ure holidays. It is the case of the respondents that the
appellants employ about 1,600 seasonal workers and about 650
permanent workers. It is common ground that the crushing
process terminated on March 12, 1959, and on that day about
1,000 of the 1,600 seasonal workers left for their homes by
the evening after receiving all their dues. The remaining
seasonal workers continued to work in the factory till March
16, 1959, and, therefore, under
573
a term of an award of the Industrial Tribunal in reference
No. 33 of 53 and dated April 15, 1953, they are entitled to
three days’ closure holidays. The case of the appellants,
however, is that the crushing season must be regarded as
having ended on March 16, 1959 which was the last day on
which the factory was worked and that only those seasonal
workers who were borne on the muster roll of the factory on
March 17, 1959 would be entitled to three days’ closure
holidays. The 600 seasonal workers who worked till the
evening of March 16, 1959, would therefore, according to
them not be entitled to closure holidays. During arguments
Mr. Pathak also suggested that the fact that between March
12 and March 16,1959, 600 seasonal workers continued to work
in the factory has not been established in this case.
Taking up the last point it is sufficient to point out that
the evidence of W. W. 1, B. S. Chauhan, who is a member of
the executive of the U. P. Trade Union Congress, Kanpur,
shows that the seasonal workers other than those who left on
the evening of March 12, 1959, were borne on the muster roll
of the appellants on March 13, 1959. His evidence on the
point has not been challenged in the cross-examination. Nor
have the appellants examined any witness for the purpose of
showing how many seasonal workers were borne on the muster
roll on March 13, 1959. The only witness examined by them,
Shri K. K. Sinha, who is working as Manufacturing Chemist,
has no knowledge about the matter because, as admitted by
him in his cross-examination, he was not working in the
mills in the 1958-59 crushing season. Since the total
number of seasonal workers was 1,600 and nearly a thousand
had left on March 12, 1959 the number of those, who
continued to work till March 16, 1959 must be six hundred.
We must, therefore. proceed on the basis that the names of
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about 600
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seasonal workers continued to be borne on the muster roll of
the appellants on March 13, 1959.
What has to be considered then is what was the date on which
the crushing season of 1958-59 ended. It seems to us clear
that the crushing season must be deemed’ to have ended on
the date on which the crushing operations in the factory
came to an end and not on the date on which the manu-
facturing processes in the factory came to an end. We must
give to the expression crushing season" its ordinary
meaning, unless it is shown that in. the industry it has
acquired some other meaning There was no evidence before the
Tribunal to the effect that crushing season" meant the
period during which the factory was actually working and not
merely the period during which the crushing operations were
being carried on.
Clause (3), of the Award of 1953 runs as
follows:"All permanent workers and such
seasonal employees as are on the factory’s
roll on the day following the close of the
crushing season will be entitled to the clos-
ure holidays."
There is nothing in the Award to indicate that according to
the Tribunal "crushing season" meant anything else than the
period during which Crushing operations were carried on.
Since, as already pointed out the operations came to an
end on March 12,1959 the crushing season must be held to
have ended on that day. Those seasonal workers who were
borne on the muster roll on March 13, 1959 would be entitled
to, three days, closure holidays. Agreeing with the
Tribunal we therefore, uphold the Award and dismiss the
appeal with costs.
Appeal dismissed.
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