LexM/S. U.P. DRUGS AND PHARMACEUTICALS CO. LTD. versus RAMANUJ YADAV AND ORS.
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A M/S. U.P. DRUGS AND PHARMACEUTICALS CO. LTD. v. RAMANUJ Y ADA V AND ORS. SEPTEMBER 23, 2003 B [Y.K. SABHARWAL AND BN. AGRAWAL, JJ.] Uttar Pradesh Industrial Disputes Act, 1947. Sections 2(g), 4(k), & 6N-Termination/retrenchment-Workmen C completing 2 40 days of work in each of the earlier years but not completing 240 days preceding 12 months from the date of termination-Whether such workmen entitled to benefit and protection of Section 6N read with Section 2(g)-Held, requirement of having worked for 240 days during preceding period of 12 calendar months not necessary for completion of one year of continuous service under Section 2(g)-Such workmen deemed to be in D continuous service and entitled to benefit of Section 6N read with Section 2(g)-Termination without compliance of Section 6N illegal-Industrial Disputes Act, 1947-Section 25-B. Words & Phrases-'Continuous service '-Meaning of in the context E of the Uttar Pradesh Industrial Disputes Act, 1947. Appellant terminated the services of respondents and some other workmen w.e.f. 31.3.1987 on the ground that they were causal workers and there was no work for them. Workmen approached State F Government against their termination and the State Government in exercise of power under Section 4(k) of Uttar Pradesh Industrial Disputes Act, 1947 referred the matter to Labour Court to decide the dispute. Labour Court held that workmen have not completed 240 days in a calendar year preceding the date of termination/retrenchment to claim benefit of Section 6N of the U.P. Act though they have worked G for more than 240 days in each year from 1983 to 1986 and are not entitled to benefit of continuous service under the U.P. Act. Some of the workmen challenged the award by filing writ petition which was allowed by the High Court. High Court held that under Section 6N read with Section 2(g) of the U.P. Act it is not necessary for workmen H to complete 240 days in the preceding year and since workmen had 1022 ,., - U.P. DRUGS AND PHARMACEUTICALS CO. LTD. v. R. Y ADAV I 023 completed 240 days in earlier years preceding 12 months from the date A of termination they were deemed to be in continuous service and their termination was illegal and in violation of Section 6N read with Section 2(g) of the U.P. Act. However, High Court declined payment of wages to workmen. Hence, this appeal by Management and Special Leave Petition by workmen for payment of back wages. B Appellant contended that respondents have not worked for 240 days in preceding 12 months from the date of termination and hence are not entitled to benefit of Section 6N read with Section 2(g) of the U.P. Act even though they have worked for 240 days or more during the period earlier to 12 calendar months. C Respondent contended that the contention propounded by Management, if accepted, it would provide a handle of abuse in the hands of the Management. Dismissing the appeal and also the Special Leave Petition, the D Court HELD : I. Section 2(g) of the U.P. Industrial Disputes Act, 1947 does not require a workman, to avail the benefit of the deeming provision of completion of one year of continuous service in the E industry, to have worked for 240 days during 'preceding' period of 12 calendar months. The work 'preceding' has been used in Section 25-B of the Industrial Disputes Act, 1947 as incorporated in the year 1964. Section 25-B was substituted by Industrial Disputes (Amendment) Act, 1964. It brought in the concept of preceding 12 calendar months. F The earlier definition did not mention 'preceding' with reference to period of 12 calendar months. Section 2(g) does not use the word 'preceding'. The concept of 'preceding' was introduced in the Industrial Disputes Act so as to give complete and meaningful benefit of welfare legislation to the working class. Welfare statutes must, of necessity, G receive a broad interpretation. Where legislation is designed to give relief against certain kinds of mischief, the Court is not to make inroads &y making etymological excursions. [1031-D-F] Sur Enamel and Stamping Works Ltd v. The Workmen, (1964] 3 SCR 616 and Surendra Kumar Verma Etc. v. The Central Government Industrial H 1024 SUPREME COURT REPORTS [2003) SUPP. 3 S.C.R. A Tribunal-cum-Labour Court, New Delhi & Anr., (1981) 1 SCR 789, relied on. 2. If the viewpoint propounded by the management is accepted, then in every year the workman would be required
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