employing about 3000 number of workmen) throughout the State of Maharashtra is having majority of the workmen as temporary workmen. The Union further points ... perennial workmen and not with seasonal workmen. The Union knew that even among the perennial workmen there were some permanent and others temporary and they
work or field season begins, the
ONGC starts recruiting casual/contingent/temporary
workmen for specified periods and their service are
terminated ... members who had been recruited as
such casual/contingent/temporary workmen, raised an
industrial dispute in the form of a demand for regularization
of such
employing about 3000 number of
workmen) throughout the State of Maharashtra is having majority of the
workmen as temporary workmen. The Union further points ... perennial workmen and not with seasonal workmen. The Union knew that even
among the perennial workmen there were some permanent and others temporary
and they
attendance in any period of 12 consecutive
months shall be a temporary workman, provided that a temporary workman who
has put in not less than ... Clause 2(ii) of the Certified Standing
Orders states that a temporary workman who has put in not less than 240
days of attendance
regularising the workmen and in failing to pay
equal wages to the workmen, at par with the regular workmen. The dispute about
the payment ... workmen. The Tribunal allowed ONGC to terminate some of the workmen.
The order of the Tribunal directed ONGC to regularise the workmen as an when
workmen
on temporary basis and, so also, as to when production decreased, it was
required to terminate services of the temporary workmen. Further, as,
undisputedly ... SCHEDULE 1
Model Standing Orders
Rule 4C: A badli or temporary
workman who has put in 190 days'
uninterrupted service in the aggregate
temporary need of extra hands on permanent,
seasonal or temporary posts.
13. It is pertinent to notice that for a temporary workman,
Standing Orders ... engaged as
seasonal workman. The burden lay on the workman to establish
that he was engaged as `seasonal workman'. There is no
material from
Standing Order of two other kinds of workmen, viz., Seasonal Workmen and Temporary Workmen. A Seasonal Workman is defined as one who is engaged ... work of a temporary and casual nature or to fill in a temporary need of extra hands on permanent or temporary jobs.
4. Reading
Abstract of Standing Order which deals with
permanent employees and contingent/temporary workmen and the probationers
etc. Our attention was drawn to clause ... Orders Act, 1946 . The Standing Orders defined temporary and casual
employees as under:-
A "TEMPORARY" WORKMAN IS A WORKMAN WHO HAS BEEN ENGAGED
Shri Pawan Kumar and Rakesh Kumar
Tewari had been appointed as temporary workmen,
the first between August, 1982 to December, 1982
and the second from ... also held that the
respondent was not a casual but a temporary
workman in terms of paragraph 207 of the bipartite
settlement. It was held
