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PETITIONER: M/s.  L. H. SUGAR FACTORIES AND OIL MILLS (P) LTD.

       Vs.

RESPONDENT: THEIR WORKMEN

DATE OF JUDGMENT: 03/08/1962

BENCH: MUDHOLKAR, J.R. BENCH: MUDHOLKAR, J.R. GAJENDRAGADKAR, P.B. GUPTA, K.C. DAS

CITATION:  1967 AIR  161            1963 SCR  (3) 571

ACT: Industrial  Dispute-"Crushing Season"-Meaning of Date  which the crushing season ended-Induastrial Disputes Act. 1947 (14 of 1947).

HEADNOTE: The  appellants  employed about 1,600 seasonal  workers  and about  650  permanent workers.  The  cane  crushing  process terminated  on March 1,2, 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  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 three days’ closure holidays. The  point  for  consideration  was  whether  the  "Crushing season" of 1958-59 must be deemed to have ended on March 12, 1959, 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 machinery 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 no  evidence,  before  the  tribunal  to  the  effect   that "crushing season" meant the period during which the  factory was actually working and not merely the period during  which the  crushing operations were being carried on.   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.

JUDGMENT: CIVIL APPELLATE JURISDICTION: Civil Appeal No. 254 of 1962.

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572 Appeal by special leave from the Award dated May 1, 1961, of the   Industrial  Tribunal  (111),  U.P.  at  Allahabad   in Reference No. 69 of 1959. G.S.  Pathak,  J. B. Dadachanji, O. 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 MUDHOLKAR,  J.-The  only  point for  consideration  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 12, 1959  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 machinery was at a standstill.  According to  the appellants the "crushing 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 which the  season terminated  arises  out of the admitted 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 1,600 seasonal 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 1,600 seasonal workers left for their homes  by the  evening after receiving all their dues.  The  remaining seasonal workers continued to work in the factory till March 16, 1959, and, therefore, under 573 a  term of an award of the Industrial Tribunal in  reference No. 33 of 53 and dated 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  three  days’  closure holidays.   The  600 seasonal workers who  worked  till  the evening  of  March 16, 1959, would therefore,  according  to them not be entitled to closure holidays.  During  arguments Mr.  Pathak also suggested that the fact that between  March 12 and March 16,1959, 600 seasonal workers continued to work in the factory has not been established in this case. Taking up the last point it is sufficient to point out  that the  evidence of W. W. 1, B. S. Chauhan, who is a member  of the  executive  of the U. P. Trade Union  Congress,  Kanpur, shows that the seasonal workers other than those who left on the evening of March 12, 1959, were borne on the muster roll of  the appellants on March 13, 1959.  His evidence  on  the point has not been challenged in the cross-examination.  Nor have the appellants examined any witness for the purpose  of showing how many seasonal workers were borne on the muster roll on March 13, 1959.  The only witness examined by  them, Shri  K. K. Sinha, who is working as Manufacturing  Chemist, has  no knowledge about the matter because, as  admitted  by him  in  his cross-examination, he was not  working  in  the mills  in  the  1958-59 crushing season.   Since  the  total number  of seasonal workers was 1,600 and nearly a  thousand had  left  on  March  12, 1959  the  number  of  those,  who continued  to work till March 16, 1959 must be six  hundred. We  must, therefore. proceed on the basis that the names  of

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about 600 574 seasonal workers continued to be borne on the muster roll of the appellants on March 13, 1959. What has to be considered then is what was the date on which the crushing season of 1958-59 ended.   It seems to us clear that  the crushing season must be deemed’ to have  ended  on the  date  on which the crushing operations in  the  factory came  to  an  end and not on the date  on  which  the  manu- facturing processes in the factory came to an end.  We  must give  to  the  expression  crushing  season"  its   ordinary meaning,  unless  it is shown that in. the industry  it  has acquired some other meaning There was no evidence before the Tribunal  to  the  effect that crushing  season"  meant  the period during which the factory was actually working and not merely the period during which the crushing operations  were being carried on.               Clause  (3),  of  the Award of  1953  runs  as               follows:"All   permanent  workers   and   such               seasonal  employees  as are on  the  factory’s               roll  on  the day following the close  of  the               crushing season will be entitled to the  clos-               ure holidays." There is nothing in the Award to indicate that according  to the Tribunal "crushing season" meant anything else than  the period  during  which Crushing operations were  carried  on. Since, as already pointed out  the operations came to an end  on  March 12,1959 the crushing season must be  held  to have  ended  on that day.  Those seasonal workers  who  were borne on the muster roll on March 13, 1959 would be entitled to,  three  days,  closure  holidays.   Agreeing  with   the Tribunal  we  therefore, uphold the Award  and  dismiss  the appeal with costs.                                     Appeal dismissed.                     ------------- 575