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Basti Sugar Mills Ltd vs Ram Ujagar And Others on 4 April, 1963 cites

Management Of Vishnu Sugar Mills ... vs Their Workmen Represented By Chini Mill ... on 9 March, 1960

We have therefore come the conclusion that the words "employed by a factory" are wide enough to include workmen employed by the contractors of factory also. Mr. Pathak wanted to raise a new point based on the provisions of cl. (K) of the Standing Orders. That clause provides that a seasonal workman who has worked or, but for illness or any other unavoidable cause, would have worked under a 846 factory during the whole of the second half of the last preceding season will be employed by the factory in the current season. In view of this Mr. Pathak wants to urge that it will be difficult for the appellant to give effect to the order of reinstatement of these 21 workmen as that would mean getting rid of at least some workmen who are entitled to be employed by the factory under the provisions of cl. (K). if the facts were known to be as suggested by the learned Counsel we would have felt obliged to take note of these provisions of cl. (K) and would have thought fit to make an order as was made by this Court in similar circumstances in Mahalakshmi Sugar Mills Company Ltd. v. Their Workmen (1), making it clear that there 21 workmen should be re-employed in the crushing season of 1962-63 only in so for as it was possible to do so without breach of the provisions of cl. (K) of the Standing Orders. There are no materials on the record however to show how many of the workmen already employed by the Company in the crushing season of 1962-63 had actually worked in the latter half of 1961-62 season. In the written statement of the Company no such point about the difficulty of reinstatement of any of these 21 workmen because of the provisions of cl. (K) was raised. In these circumstances, we have not allowed Mr. Pathak to raise this new plea for the first time in this Court.
Supreme Court of India Cites 5 - Cited by 8 - K N Wanchoo - Full Document
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