Termination of seasonal workers

Contention of the appellants (seasonal workers) was that they were permanent seasonal workers, therefore, they had preferential right of re-employment

Plea of the establishment (Sugar Mill) was that appellants were not "seasonal workers", rather they were temporary workers deployed only for a season vide their appointment letter and their employment was only current season and they were not entitled for re-employment in subsequent crushing season and they were relieved after clearance of their dues in full and final settlement

Validity

Employer Mill was exclusively engaged in manufacturing sugar which came within the definition of "seasonal factory" under the provision of the Factories Act, 1934; Appellants (seasonal workers) were employed for a particular season and at the end of season their services were terminated by issuing written order and after giving them legal emoluments

Expression word "re-employment" in the Standing Order 14 meant fresh employment and not the reinstatement and previous service of the worker on re-employment could not be taken into account for determining their right, emoluments and even privileges for their re-employment

Appellants were deployed as seasonal/temporary workers and they could not claim reinstatement of their services as a matter of right

Terms and conditions of previous service could not be allowed to be counted as a right for re-employment

Seasonal workers had been given right of preference for re-employment, but that right of re-employment was contingent upon employer proposing to take into employment any other new person or juniors to the appellants in the employment and such right was not absolute, but was depend upon the needs of the employer, because preference could only be claimed when the employer proposed to take into the employment any retrenched worker on availability of vacancy

Labour Court's findings appeared to be well reasoned and appellants had failed to point out any illegality to upset the findings of the Labour Court, therefore, judgment of the Labour Court was maintained and all the appeals were dismissed in circumstances.