C.W.P. No.18058 of 2000 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.18058 of 2000 Date of Decision: 09.11.2009 The Batala Cooperative Sugar Mills Limited, Batala, District Gurdaspur .....Petitioner Versus Bhash and others ....Respondents 2. C.W.P. No.18059 of 2000 The Batala Cooperative Sugar Mills Limited, Batala, District Gurdaspur .....Petitioner Versus Tarsem Singh and others ....Respondents Present: Mr. Rahul Sharma, Advocate for the petitioner. None for the respondents. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? -.- K. KANNAN J.(ORAL) 1. On the previous hearing date on 20.10.2009, it was represented by Mr. R.K. Mattu representing the learned counsel for the respondent that respondents No.2, 3, 6 and 11 in writ petition No.18058 of 2000 had died and he took time for taking steps for impleading legal heirs of the deceased. Today there is C.W.P. No.18058 of 2000 -2- no representation but the counsel for the petitioner states that he has been served with copy of application for impleading legal representatives for respondent Nos.2, 3, 6 and 11. However, such an application has not been listed before this Court. 2. Both the writ petitions address the same issue as to the status of the workmen, who on completion of the season found themselves terminated from services. When the workmen had complained of illegal termination, management's contention was that they had been employed only for a particular season and after the season was over, their services were no longer required and the termination that ensued was by the operation of a provision contemplated under Section 2(oo)(bb) of the Industrial Disputes Act and that the workmen cannot complain of violation of Section 25-F of the Industrial Disputes Act. 3. This issue as to the status of seasonal workmen and the nature of disengagement on the completion of the season was dealt with in relation to yet another cooperative sugar mill in Morinda Coop. Sugar Mills Ltd. Vs. Ram Kishan and others (1995) 5 SCC 653. The Hon'ble Supreme Court, however, directed in that case that in the next season, if the persons reported for duty, they shall be engaged in accordance with seniority and exigency of work. In my view, the observations of the Hon'ble Supreme Court and the directions as contemplated in the judgment shall squarely govern the issues at hand and the C.W.P. No.18058 of 2000 -3- order of reinstatement for alleged non-compliance of Section 25-F of the Industrial Disputes Act is required to be set aside. The workmen, however, shall be only entitled to be considered in accordance with seniority and exigency of work if they reported for duty at the beginning of every season. This, however, shall still be subject to any specific terms and conditions that may apply between the management and the workmen in relation to engagement of seasonal workmen in the industry. 4. The awards of the Labour Court are set aside and the civil writ petitions are allowed on the above terms with such liberty given to the workmen in the manner referred to above. No costs. (K. KANNAN) JUDGE November 09, 2009 Pankaj*