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Mh. State Coop. Cotton Growers Mktg. ... vs Mh. State Coop. Cotton Growers Mktg. ... on 24 January, 1994 cites

Maharashtra State Co-Op. Cotton ... vs Shripati Pandurang Khade And Ors. on 11 October, 1988

The seasonal employees were entitled to be made permanent after they had put in 240 days' uninterrupted service. None of these arguments had any merit. In Pandurang khade's case the employees involved belonged to Phaltan Zone in the Western Maharashtra where as stated earlier, the cotton season does not last for more than 4 months. They had made a complaint before the Industrial Court on the ground of unfair labour practice by the Marketing Federation referred to in items 5, 6 and 9 of Schedule IV to the Act. The Industrial Court had dismissed the said complaint holding that the grievance made was not covered by the said items but it came under Item 1 of the Schedule and there was no complaint under the said item. The Industrial Court had also dismissed the complaint as being barred by limitation. The High Court allowed the writ petition of the respondent- Union against the said decision and that is how the matter had reached this Court. It is evident from paragraphs 8, 11 and 12 of the judgment of this Court that firstly the Court had proceeded on the footing (hat the expressions 'temporary employees' and 'seasonal employees' were. synonymous. Secondly, the Court had assumed that before the Industrial Tribunal of Patankar, there was a demand for the permanency of seasonal employees and that the Patankar Award had granted permanency to the seasonal employees. The Court had also proceeded on the footing that since the letter of the Government dated 9.11.1984 had directed the appellant to finally absorb all staff employed with the Marketing Federation as on 1.1.1985, the appellant was under an obligation to absorb the six seasonal workmen concerned therein who had according to the Court, become permanent pursuant to the Patankar Award. The Court for that purpose also relied upon the letter dated 18.11985 to which a reference was made by the High Court in its judgment under appeal in that case to hold that those who had put in 240 days of service were-to be given all the benefits mentioned in the said letter, whether the employees were perennially or seasonally employed.
Supreme Court of India Cites 3 - Cited by 11 - M M Dutt - Full Document

Shripati Pandurang Khade vs Zonal Manager, Maharashtra State ... on 9 March, 1987

14. Thereafter on 20.4.1990, the respondent-Union filed the present complaint under the Act before the Industrial Court, Nagpur which has given rise to the present proceedings. This complaint was heard by another member constituting the Industrial Court. The grievance made in the complaint was that those seasonal employees who had worked for 24(1 clays in 1982-83 and 1983-84 were not made permanent and inasmuch as the Patankar Award had directed the Marketing Federation to make permanent seasonal employees who had completed 240 days of service, there was an unfair labour practice under Items 5, 6 and 9 of Schedule IV to the Act. The relief claimed was to quash the termination of the services of the said employees at the end of the season and to make the employees permanent from the date they completed 240 days of continuous service in 1983-84 Cotton Season. The further relief claimed was that the practice of continuing the employees under reference as seasonal or casual be declared as unfair labour practice and the direction be issued to the appellants to cease to indulge in it. The incidental relief claimed was that the appellants should be directed to pay the arrears of wages and all service benefits to the concerned employees treating them as permanent from 1983-84 Cotton Season. The Industrial Court by its impugned order of 14.9,1990 (i) allowed the said complaint, (ii) declared that the appellants had engaged in and were engaging in unfair labour practices as contemplated by Items 5, 6 and 9 of Schedule IV to the Act, (iii) directed the appellants to cease and desist from indulging in the said unfair labour practices and (iv) directed them not to terminate the services of the concerned employees w.e.f. 30.4.1990, (v) directed the appellants to absorb and make permanent the said employees in compliance with the provisions of the Patankar Award and the agreement dated 18.1.1984 and also by giving the benefit of the Government letter dated 18.1.1985 and to grant arrears of wages by processing their cases in the light of the directions given in the said letter which was referred to by the High Court in its decision in Shripati Pandurang Khade & Ors. v. Zonal Manager, M.S. Co-op. Marketing Federation Ltd. Ors., (1987) Mh. LJ 694.
Bombay High Court Cites 2 - Cited by 3 - Full Document
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