U.P.C.U.E.F. LTD. versus CANE COMMISSIONER AND R.C.C.S. AND ORS.

Citation: [2008] 6 S.C.R. 253 · Decided: 10-04-2008 · Supreme Court of India · Bench: TARUN CHATTERJEE · Disposal: Case Allowed

Judgment (excerpt)

i 
) 
(2008) 6 S.C.R. 253 
U.P.C.U.E.F. LTD. 
v. 
CANE COMMISSIONER AND R.C.C.S. AND ORS. 
(Civil Appeal No. 2727 of 2008) 
APRIL 10, 2008 
[TARUN CHATTERJEE & HARJIT SINGH BEDI, JJ.] 
Labour Laws - U.P. Industrial Disputes Act, 1956 - s.4-1 
rlw Third Schedule - Change in conditions of service - Notice 
A 
B 
of change -
Cooperative Cane Development Unions c 
established in the State of U.P. - Respondent No.1-Cane 
Commissioner passed order amending the definition of 
"crushing season" as provided in the Cane Cooperative 
Service Regulations - Amendment challenged by Appel/ant-
trade union 9n ground that thereby length of employment as D 
well as wages of the seasonal workmen employed in 
Respondent No.4-Cane Development Union was adversely 
affected - Held: Change in definition of "crushing season" 
amounted to change of service conditions for which notice was 
required to be given to concerned workmen - Order passed 
by Respondent No.1-Cane Commissioner set aside since no E 
notice was given to concerned workmen in compliance with 
s.4-1 rlw Third Schedule of the U.P. Industrial Disputes Act 
before effecting the change - U. P. Cane Cooperative Service 
Regulations, 1975 - Regn 2(n). 
F 
Cooperative Cane Development Unions (Garlna 
Sahkari Vikas Samitis) were established in the State of Uttar 
Pradesh for purchase of sugar from its sugar growing · 
members for supply to various sugar factories. The U.P. 
Cane Cooperative Service Regulations, 1975 provided for G 
recruitment, emoluments, terms and conditions of service 
etc. of the permanent as well as seasonal employees of 
such Cooperative Cane Development Unions. 
Respondent 
No1-Cane 
Commissioner 
of 
253 
H 
254 
SUPREME COURT REPORTS 
[2008] 6 S.C.R. 
A Cooperative Cane Societies, Uttar Pradesh passed an 
order amending the definition of "crushing season" as 
provided in Regulation 2(n) of the said Service 
Regulations. Appellant, registered Trade Union of the 
workmen employed by Respondent No. 4- Cooperative 
B Cane Development Union, filed writ petition challenging 
the said amendment on the ground that thereby the length 
of employment as well as wages of the seasonal workmen 
was adversely affected. High Court dismissed the petition. 
In appeal to this Court, it was contended by the 
C appellant that the change of the definition of "crushing 
season" without any reasonable and justifiable cause 
was not only arbitrary but also amounted to change of 
service conditions of the employees to their detriment, 
which was not permissible under law and in any case, 
D the same could not have been done without observing 
the principles of natural justice and that the action of 
Respondent No.1-Cane Commissioner was contrary to 
the provisions of s.4-1 of the U.P. Industrial Disputes Act, 
1956 inasmuch as no notice of change was given to the 
E employees. 
Allowing the appeal, the Court 
HELD: 1. It is clear from s.4-1 of the U.P. Industrial 
Disputes Act, 1956 that if any change is required to be 
F made in the conditions of service applicable to any 
workman in respect of any matter specified in the Third 
Schedule, the same can only be done by notice to the 
workman who would be affected by such change. The 
Third Schedule clearly deals with Conditions of Service 
G for change of which notice is to be given. Clause 1 of these 
Conditions in the Third Schedule would clearly indicate 
that if any change is required to be made in the Wages 
including the period and mode of payment of workmen, 
the same can only be done after service of notice to the 
H workmen. [Para 9] [260-E-G] 
.... 
) 
U.P.C.U.E.F. LTD. v. CANE COMMISSIONER AND 
255 
R.C.C.S. AND ORS. [TARUN CHATTERJEE, J.] 
1.2. As per the earlier definition, "crushing season" A 
meant the period beginning on the 1st of October in any 
year and ending on 15th of July next following. By virtue 
of the amended definition, "crushing season" means the 
period commencing from the date when the crushing of 
sugarcane in the concerned sugar facto_ries commences 
B 
till the date when crushing ends. This change in the 
definition of "crushing season" would affect the period 
for which the employees are to be paid the wages and 
this change is squarely covered by Clause 1 of the Third 
Schedule.Therefore, it ·was incumbent upon the C 
Respondent No.1-Cane Commissioner to serve a notice 
upon the appellant before effecting any change in the 
definition of "Crushing Season". Respondent No.1-Cane 
Commissioner could no

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