facts and circumstances of this case inasmuch as the
concerned workman therein having completed 240 days of service during
the preceding twelve months derived ... selection, probation etc. A select list for
appointment of the permanent workman is contained in Sub-Regulations (4)
and (5) of Regulation 9 . Such select
health and residence although such facilities are available to the
permanent workmen doing similar work. The workmen lived away from their
families while working ... workmen who are found medically unfit for such
employment.
5. The absorption of the eligible workmen on a regular and permanent
basis by the Corporation
workmen who
retired before 24.8.1986 were not entitled to the benefits under the Platinum
Jubilee Pension Scheme. By that scheme, the workmen who retired ... pension scheme for the first time. It
applied to the permanent workmen on the rolls of the company who retired
on or after 1.6.1977. Under
years. According to them, some of them were permanent workmen whereas
others were seasonal. Uttar Pradesh Co-operative Sugar Factories Federation
Limited (hereinafter referred ... respondents,
some of them were permanent and others seasonal but according to the Mill, all
the employees were seasonal workmen. In our view, these
Fifth Schedule are as under:
"5. To discharge or dismiss workmen
*** *** ***
(b) not in good faith, but in the colourable exercise
of the employer ... object of depriving them of the
status and privileges of permanent workmen."
No case has been made out for attracting Clauses
first day of January 1961, being a,
Sunday, the 1 1 permanent workmen did not attend work on the
2nd January treating it as holiday ... Sukchar of whom 11 were permanent and the
remaining temporary. We are concerned with the dismissal of
the permanent workmen from January 2, 1961. According
permanent and 103
seasonal employees out of them. The dispute arising out of
the refusal of the society to absorb these workmen was
referred ... permanent workmen, whereas 471
workmen joined the Company as seasonal workmen. The
appellant has employed 678 employees in all, 248 of whom arc
permanent
compensation payable under Clauses
(2) and (3) above each permanent
workman shall be paid an ex-gratia
sum which shall be calculated as
follows ... Right of workmen laid off for
compensation. - (1) Whenever a
workman (other than a badll workman
or a casual workman) whose name is
borne
with
the object to deprive them the status and privileges of permanent workmen
and as a coercive measures to avoid such contingency, law has been ... practice against the
workmen depriving them of status and privileges of permanent workmen;
whether the workmen were entitled for relief of absorption?
15. Before deciding
made a permanent sweeper under the
standing orders of the Company. It is true that the
Adjudicator held in favour of the workman repelling ... suitable worker to be absorbed as a permanent workman. The
Adjudicator, of course, observed that the management
"further added that the Regmal Mill
