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november 2006

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.

BHOGPUR CO-OP SUGAR MILLS LTD. vs HARMESH KUMAR · Niyam