LexM/S. L. H. SUGAR FACTORIES AND OIL MILLS (P) LTD versus THEIR WORKMEN
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
3 S.d.R.
SUPREME dOlJRT REPORTS
511
M/s. L. H. SUGAR FACTORIES AND OIL MILLS
(P) LTD:
ti.
THEIR WORKMEN
(P. B. GAJENDRAGADKAR, K. C. ])As Qu.PTA, and
...
J. R. l\{UDHOLKAR, JJ.)
)- .
.Induatrial Diapute-"Oruahing 8eaion"-ltf eanmg of-
Date 011 which the cru&hing BeaBon e11ded-lndU8trial Disputes
Act. 194'1 (U of 194'1).
The appellants employed aboo.t 1,600 seasonal workers
and about 650 permanent workers.
The cane crushing
process terminated on March 12, 1959, and on that day about
1,000 of the 1,600 seasonal workers left for their homes by the
evening after receiving their dues. The· remaining seasonal
workers continued to work in the factory till March 16, 1959.
Under the term of a previous award; they were entitled to
three days' closure holidays.
According to the appellant the
crushi~g season must be_ regarded as having ended on
March 16, 1959, which was the last day on which the factory
wa' worked and that only those seasonal workers who were
borne on the muster roll of the factory on Match 17, 1959,
would be entitled to three days' closure holiday&.
The point
for consideration was whether the "Crushing season" of·
· 1958·59 must be deemed to have ended on March 12, 195!:1,
when the actual crushing of sugar cane stopped, or on
March 16, 1959. when all ancillary operations in the factory
came to an end and the entire machinary was at a stand-still.
Held, that the expression "Crushing Season" must be
given its ordinary meaning unless it is shown that in the
industry in question it has acquired some other meaning.
There was rio evidence before the tribunal to the effect that
"crushing season" meant the period during which the factory
was actually working and not metely tlie period during which
the crushing operations were being carried ori. Since the
operations came to an end on March 12, 1959, the crushing
must be held to have ended on that day, and, therefore, the
seasonal workers borne on the muster roll on March 13, 1959,
were entitled to three days' closure holidays.
•
CIVIL APPELLATE JURISDICTION : Civil Appeal
No. 254 of 1962.
.1962
August 3.
liD.
, L. '16. Su1ar
'F&el1rie.s ch Oii
'Jlillo(l') Lli .
••
Th1ir W 01kmen
.
572
SUPREME COURT REPORTS [1963f
Appeal by special leave from the Award dated
May 1, 1961, of the Industrial Tribunal (Ill), U.P.
at Allahabad in Reference No. 69 of 1959.
·
G. S. Pathak, J. B. Darlachanji, 0. C. Mathur
and Ravinder Narain, for the appellants. · .
B. P. Maheshwari, for the respondents.
1962, August 3.-The Judgment of the court
was delivered by
J(udh<lkar J.
MuDHOLKAR, J.-The only point for consi-
deration in this ·appeal by special leave from an
award of the Industrial Tribunal at Allahabad is
whether the "crushing season" of 1958:59 must be
deemed to have ended on March J.2, 1959 when the ·r
actual crushing of sugar cane stopped or on March
~
16, 1959 when all ancillary operations in the factory
oame to an end and the entire machinery was at a
stand-still. According to the appellants the "crusli'
ing season" came to an end on the latter date while
according to the respondents who are the employees
of the factory it came to an end on the former
date.
The importance of determining the date on
whic~e season terminated arises out of the ad-
mitteil'position that only those seasonal workers
who are borne on the muster roll of the factory on
the day next to the date on which the crushing
season ended would be entitled to three days' clos-.
ure holidays. It is the case of the respondents that
.\.
the appellants employ about l.600seasonal workers
and about 650 permanent workers. ·It is common
ground that the crushing process terminated on
March 12, 1959, and on that day about 1,000 of
the l,600·seasonal workers left for their homes· by
the evening after receiving all their dues. The remai·
ning seasonal workers continued to work in the :;..
factory till Maroh 16, 1959, and, therefore, under
3 S.C.R.
SUPREME COURT REPORTS
573.
a term of an award of the. Industrial Tribunal in
reference No. 33 of 53 and d11.ted April 15, 1953,
they are entitled to three days' closure . holidays.
The case of the appellants, however, is that the
crushing season must be regarded as having ended
on March 16, 1959 which was the last day on which
the factory was worked and that only those seasonal
workers who were borne on the muster roll of the
factory on March 17, 1959 would be entitled .to
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