Supreme Court of India · 2006-11-10
BHOGPUR CO-OP SUGAR MILLS LTD. vs HARMESH KUMAR
- Citation / case number
- SC 2005/11816
- Court
- Supreme Court of India
- Petitioner
- BHOGPUR CO-OP SUGAR MILLS LTD.
- Respondent
- HARMESH KUMAR
- Author
- MARKANDEY KATJU S.B. SINHA
- Bench
- MARKANDEY KATJU S.B. SINHA
Judgment text excerpt
The Supreme Court held that the termination of a seasonal workman under the Punjab Cooperative Societies Act, 1961, must comply with Section 25-G of the Industrial Disputes Act, 1947, which mandates that juniors cannot be retained while seniors are terminated. The Court upheld the Labour Court's award for reemployment and back wages, emphasizing that the management's failure to offer employment due to pending disputes was not a valid justification. The Court clarified that the definition of 'retrenchment' under Section 2(oo)(bb) does not exempt seasonal workers from these protections.