{"id":20595,"date":"2005-02-08T00:00:00","date_gmt":"2005-02-07T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/dhampur-sugar-mills-ltd-vs-bhola-singh-on-8-february-2005"},"modified":"2018-10-18T09:07:28","modified_gmt":"2018-10-18T03:37:28","slug":"dhampur-sugar-mills-ltd-vs-bhola-singh-on-8-february-2005","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/dhampur-sugar-mills-ltd-vs-bhola-singh-on-8-february-2005","title":{"rendered":"Dhampur Sugar Mills Ltd vs Bhola Singh on 8 February, 2005"},"content":{"rendered":"<div class=\"docsource_main\">Supreme Court of India<\/div>\n<div class=\"doc_title\">Dhampur Sugar Mills Ltd vs Bhola Singh on 8 February, 2005<\/div>\n<div class=\"doc_author\">Author: S.B. Sinha<\/div>\n<div class=\"doc_bench\">Bench: N. Santosh Hegde, S.B. Sinha<\/div>\n<pre>           CASE NO.:\nAppeal (civil)  1262-63 of 2003\n\nPETITIONER:\nDhampur Sugar Mills Ltd.\t\t\t\t\t\n\nRESPONDENT:\nBhola Singh\t\t\t\t\t\t\t\t\n\nDATE OF JUDGMENT: 08\/02\/2005\n\nBENCH:\nN. Santosh Hegde &amp; S.B. Sinha\n\nJUDGMENT:\n<\/pre>\n<p>J U D G M E N T<\/p>\n<p>S.B. SINHA, J :\n<\/p>\n<p>\tThe Respondent herein was appointed as a trainee\/apprentice  in the<br \/>\nyear 1986 purported to be in terms of a scheme sponsored by the State<br \/>\nGovernment for training the cane growers.  According to the Appellant, in<br \/>\nthe year 1986, 45 such trainees had been interviewed and 11 of the them<br \/>\nhaving been found fit were absorbed in its regular service.  The Respondent<br \/>\nherein allegedly did not qualify therefor. He along with remaining trainees<br \/>\ncontinued to perform their duties as  trainees\/apprentices.  The scheme<br \/>\nsponsored by the State Government having come to an end on 16.11.1987<br \/>\nand no fund therefor having been made available, the services of all the<br \/>\nremaining 34 trainees were terminated. The Respondent was paid due<br \/>\ncompensation as envisaged under Section 6N of the U.P. Industrial Disputes<br \/>\nAct.   He, however, raised an industrial dispute pursuant whereto and in<br \/>\nfurtherance whereof a notification was issued on or about 13.12.1991 by the<br \/>\nAppropriate Government referring the following dispute for adjudication<br \/>\nbefore the Presiding Officer, Labour Court, U.P. Rampur :\n<\/p>\n<p>&#8220;Whether the separation\/deprivation of Mr. Bhole<br \/>\nSingh S\/o Shri Sukhdev Singh from the service<br \/>\nw.e.f. 16.11.1987 is unjustified and illegal?  If yes,<br \/>\nthen the concerned workman would be entitled to<br \/>\nget what relief\/benefit and with what details.&#8221;\n<\/p>\n<p>\tBefore the Labour Court a contention was raised by the Respondent<br \/>\nherein  that his services were terminated by the Appellant by way of unfair<br \/>\nlabour practice as he had raised a purported demand for his regularization in<br \/>\nservices as also non-payment of minimum wages.  He contended that the<br \/>\nAppellant had regularized the services of 11 Field Supervisors but he was<br \/>\nnot.  According to him, he was called for interview along with others by a<br \/>\nletter dated 7.11.1987.  He contended that he had not been absenting with<br \/>\neffect from 1.6.1987 as was alleged in the said letter dated 7.11.1987, but<br \/>\ndespite the same, his services were terminated on 2.6.1987.\n<\/p>\n<p>\tThe case of the Appellant, on the other hand, is that the services of the<br \/>\nRespondent along with the persons similarly situated had been terminated as<br \/>\nthe scheme sponsored by the State Government had come to an end.\n<\/p>\n<p>Before the Labour Court the principal contention appears to have been<br \/>\nraised by the Respondent herein was non-compliance of the requirements of<br \/>\nSection 6N of the U.P. Industrial Disputes Act, which was rejected.\n<\/p>\n<p>The Labour Court in its award held :\n<\/p>\n<p>&#8220;On the contrary, the version of the employer is<br \/>\nthat Mr. Bhole Singh was engaged as trainee in the<br \/>\ncane development department.  During training<br \/>\nperiod the workman was getting stipend.  That in<br \/>\nthe year 1986 all the candidates were interviewed<br \/>\nby the employer all 11 trainees were selected and<br \/>\nthey were appointed.  Thereafter the training<br \/>\nscheme came to an end.  After the end of the<br \/>\ntraining scheme, requiring trainees were not<br \/>\nrequired.  The trainees who could qualify the<br \/>\ninterview, their arrangement was dispensed with<br \/>\nby paying one month&#8217;s notice pay and 15 days<br \/>\nstipend for every completed year of service<br \/>\nthrough cheque on dated 16.11.1987 by way of<br \/>\nretrenchment.  But workman refused to receive the<br \/>\ncheque.  Consequently, the cheque of retrenchment<br \/>\ncompensation was sent by Registered post to<br \/>\nworkman, which was received by him on dated<br \/>\n23.11.1987.  Hence, the services of the workman<br \/>\nwere terminated as per rules.  In addition, it was<br \/>\nalso stated that workman was never engaged on<br \/>\nseasonal a permanent post and he is a trainee, as<br \/>\nsuch he does not fall within the ambit of definition<br \/>\nof workman.  That there are four trade unions in<br \/>\nthe industry but no union is interested in the<br \/>\ndispute.\n<\/p>\n<p>\tBoth the parties admit the fact that workman<br \/>\nhas worked for more than 240 days and it is also<br \/>\nadmitted that his service  was terminated w.e.f.<br \/>\n16.11.1987 and at the time of termination of the<br \/>\nservice, he was paid one month&#8217;s notice pay and<br \/>\nretrenchment compensation @ 15 days stipend for<br \/>\nevery completed year of service.  It has not been<br \/>\nobjected from the workman side that Employer has<br \/>\nnot complied with the provisions of sec. 6N only it<br \/>\nhas been stated that the action has been initiated<br \/>\ndramatically and the provision of sec. 6 of the<br \/>\nIndustrial Dispute Act, has been complied with.<br \/>\nBut it has not been stated that which provision of<br \/>\nsec. 6 has not been complied with.  Since the<br \/>\nworkman has been paid one month&#8217;s notice pay in<br \/>\nlieu of notice and retrenchment compensation, as<br \/>\nsuch the provisions of said section were fully<br \/>\ncomplied with.&#8221;\n<\/p>\n<p>\tBefore the Labour Court it was stated by the Respondent himself that<br \/>\nno appointment letter was issued in his favour and at the end of the scheme<br \/>\nhis services were terminated but his contention was that as  no appointment<br \/>\nletter was issued, his services could not have been terminated,  but the same<br \/>\nwas not accepted by the Labour Court.  Another contention which was raised<br \/>\nby the Respondent before the Labour Court was that as 11 other trainees had<br \/>\nbeen regularized in services, the impugned order of termination was bad in<br \/>\nlaw as it would come within the purview of definition of &#8216;retrenchment&#8217;.<br \/>\nThe Labour Court in its Award held that  the termination of the<br \/>\nservices of the Respondent was carried out in compliance of the provisions<br \/>\nof Section 6N of the U.P. Industrial Disputes Act, observing :\n<\/p>\n<p>\t&#8220;Hence in my opinion, the said provision<br \/>\nhas been fully complied with, which has been held<br \/>\nby the Honourable Court in the above case.  In<br \/>\nbrief disputed workman was a Trainee and<br \/>\nremained in the employment for more than 240<br \/>\ndays.  He could not qualify the interview.  The<br \/>\nscheme, under which he was imparting training,<br \/>\nwas closed.  Hence his work was not required.\n<\/p>\n<p>The disputed worker comes within the definition<br \/>\nof workman.  Since there was no requirement of<br \/>\nwork for him, the Employer retrenchment has<br \/>\ncomplying in the provisions of Sec. 6N of the said<br \/>\nAct.  It is the simple matter of retrenchment in<br \/>\nwhich the employer has fully complied with the<br \/>\nrelated provisions.  Hence in my opinion, the<br \/>\nservice of the worker is terminated as per rules and<br \/>\nlegally.&#8221;\n<\/p>\n<p>\tA learned Single Judge of the High Court, however, in the Writ<br \/>\nPetition filed by the Respondent herein questioning the said Award, by<br \/>\nreason of the impugned judgment dated 27.9.2001 relying on or on the basis<br \/>\nof a decision of the Division Bench of the said Court in Smt. Shipra Ghoshal<br \/>\nand Others vs. Secretary, Department of Cane, Civil Secretariat, Lucknow<br \/>\nand Others [1990 (60) FLR 870] came to the conclusion that the Appellant<br \/>\nadopted unfair labour practice in view of the fact that the Respondent<br \/>\ndemanded wages of the Supervisory grade and furthermore there could not<br \/>\nbe any justification for not employing him as others had been absorbed.\n<\/p>\n<p>\tThe learned counsel appearing on behalf of  the Appellant would<br \/>\nsubmit that the High Court committed a serious error in passing the<br \/>\nimpugned judgment insofar as it failed to take into consideration the finding<br \/>\nof fact arrived at by the Labour Court that the interview in question had been<br \/>\nheld in the year 1986 when 45 trainees were interviewed and out of them<br \/>\nonly eleven were taken in service and services of no other trainee had been<br \/>\nregularized after the scheme came to an end.\n<\/p>\n<p>\tDrawing our attention to the letter dated  7.11.1987, the learned<br \/>\ncounsel would contend that from a perusal thereof,  it would appear that the<br \/>\nRespondent was asked to present himself for duty as he had been absenting<br \/>\nhimself w.e.f. 1.6.1987 and not for the purpose of  appearing before any<br \/>\nselection committee.  Our attention was also drawn to the letter of<br \/>\ntermination dated 16.11.1987 wherein the absence of the Respondent was<br \/>\nreiterated and the order of termination was issued on the ground that the<br \/>\ntraining scheme had been withdrawn by the State Government.\tThe learned<br \/>\ncounsel would urge that a trainee\/apprentice has no legal right to be<br \/>\nabsorbed in regular service of the employer.\n<\/p>\n<p>\tThe learned counsel appearing on behalf of  the Respondent, on the<br \/>\nother hand, would support the judgment of the High Court contending that<br \/>\nfrom a perusal of the Award passed by the Labour Court itself it would<br \/>\nappear that a contention as regard unfair labour practice on the part of the<br \/>\nAppellant herein was raised on the premise that the services of 11 other<br \/>\ntrainees\/apprentices had been regularized whereas the services of the<br \/>\nRespondent had not been and, thus, he had been discriminated against.\n<\/p>\n<p>\tThe Respondent herein admittedly was appointed as a trainee in the<br \/>\nCane Department of the Appellant.  From a perusal of the  Award of the<br \/>\nLabour Court, as has been noticed hereinbefore, it is evident that one of the<br \/>\ncontentions raised before it was that although his services were terminated at<br \/>\nthe end of the scheme but as no appointment letter was issued, such<br \/>\ntermination was illegal.  A decision of the Allahabad High Court  Shipra<br \/>\nGhoshal (supra) also appears to have been cited wherein it was held that the<br \/>\nfactum of such termination having been made as the scheme came to end<br \/>\nshould be mentioned in the order of termination itself.  From a bare perusal<br \/>\nof the said letter dated 16.11.1987, it would appear that the fact as regard<br \/>\nwithdrawal of the training scheme indeed had been mentioned therein; the<br \/>\nreason for such termination being the withdrawal of the scheme by the State<br \/>\nGovernment.  So far as the purported regularization of services of other 11<br \/>\nother trainees by the Appellant is concerned, it is manifest that a plea was<br \/>\nraised to the effect by the Appellant herein that it was only in the year 1986,<br \/>\nthat they, out of 45 trainees, were appointed after an interview was held for<br \/>\nthat purpose and having been found fit therefor.    In the letter dated<br \/>\n7.11.1987 issued to the Respondent by the Appellant, it is stated :\n<\/p>\n<p>&#8220;You have been absent since 1.6.87.  You are<br \/>\nnotified that on receiving this intimation you must<br \/>\npresent yourself immediately or by 16th November,<br \/>\n1987 failing which disciplinary steps will be taken<br \/>\nagainst you.&#8221;\n<\/p>\n<p>\tThe Respondent herein,  therefore, was not asked to appear before the<br \/>\nInterview Board on 16.11.1987 as alleged by him.  The positive case of the<br \/>\nRespondent before the Labour Court was that on receipt of the said letter, he<br \/>\nappeared before the competent authority on 16.11.1987, when he contended<br \/>\nthat he had not been absenting from duty but had been prevented from<br \/>\njoining his duties.  From the Award of the Labour Court it also does not<br \/>\nappear that any statement was made before it by the Respondent to the effect<br \/>\nthat he had appeared before an Interview Board.  Even such a contention<br \/>\ndoes not appear to have been raised at the time of raising the industrial<br \/>\ndispute as no reference as regard non-regularization of his services by the<br \/>\nAppellant was made.\n<\/p>\n<p>\tIf the Respondent was appointed in terms of the Apprentices Act,<br \/>\n1961, he will not be a workman, as has been held by this Court in Mukesh<br \/>\nK. Tripathi vs. Senior Divisional Manager, LIC and Others [(2004) 8 SCC<br \/>\n387] and <a href=\"\/doc\/1231727\/\">U.P. State Electricity Board vs. Shiv Mohan Singh and Another<\/a><br \/>\n[(2004) 8 SCC 402].\n<\/p>\n<p>\tIn terms of the provisions of the Apprentices Act, 1961, a trainee or<br \/>\nan apprentice has no right to be absorbed in services.  It is trite that if  the<br \/>\nprovisions of the Apprentices Act applies, the provisions of the Labour<br \/>\nLaws would have no application.\n<\/p>\n<p>\tThe Respondent advisedly raised the question of applicability of the<br \/>\nU.P. Industrial Disputes Act having regard to the provisions of the<br \/>\nApprentices Act but even assuming that he was a workman within the<br \/>\nmeaning of the provisions thereof, the Labour Court had unhesitatingly came<br \/>\nto the conclusion that the statutory requirements for effecting a valid<br \/>\nretrenchment in terms thereof had been complied with.  A finding of fact has<br \/>\nalso been arrived at by the Labour Court that the scheme  sponsored by the<br \/>\nState Government had come to an end.\n<\/p>\n<p>The High Court, thus, in our opinion committed a manifest error in<br \/>\ncoming to the conclusion that the Appellant is guilty of commission of<br \/>\nunfair labour practice only on the premise that the services of 11 similarly<br \/>\nsituated had been regularized without taking into consideration the materials<br \/>\nplaced on records as also the finding of fact arrived at by the Labour Court<br \/>\nthat the services of such persons had been regularized in the year 1986.  The<br \/>\nHigh Court further failed to take notice of the fact that according to the<br \/>\nAppellant, the Respondent herein did not qualify for his absorption at that<br \/>\ntime and, thus, his services continued as apprentice with several other<br \/>\ntrainees and it was only when the scheme came to an end, the services of all<br \/>\nthe trainees had been terminated.\n<\/p>\n<p>\tWhen a workman is appointed in terms of a scheme on daily wages,<br \/>\nhe does not derive any legal right to be regularized in his service.  It is now<br \/>\nwell known that completion of 240 days of continuous service in a year may<br \/>\nnot by itself be a ground for directing regularization particularly in a case<br \/>\nwhen the workman had not been appointed in accordance with the extant<br \/>\nrules.\n<\/p>\n<p>\t<a href=\"\/doc\/37919\/\">In Executive Engineer, ZP Engg. Divn. and Another vs. Digambara<br \/>\nRao and Others<\/a> [(2004 ) 8 SCC 262],  this Court held : :<br \/>\n&#8220;It may not be out of place to mention that<br \/>\ncompletion of  240 days of continuous service in a<br \/>\nyear may not by itself be a ground for directing an<br \/>\norder of regularization.  It is also not the case of the<br \/>\nRespondents that they were appointed in accordance<br \/>\nwith the extant rules.  No direction for regularization<br \/>\nof their services, therefore, could be issued. [<a href=\"\/doc\/13482\/\">See A.<br \/>\nUmarani vs. Registrar, Cooperative Societies<\/a> (2004)<br \/>\n7 SCC 112]  and <a href=\"\/doc\/600758\/\">Pankaj Gupta vs. State of Jammu<br \/>\n&amp; Kashmir<\/a> [(2004) 8 SCC 353]  Submission of Mr.<br \/>\nMaruthi Rao to the effect that keeping in view the<br \/>\nfact that the Respondents are diploma-holders and<br \/>\nthey have crossed the age of 40 by now, this Court<br \/>\nshould not interfere with the impugned judgment is<br \/>\nstated to be rejected.\n<\/p>\n<p>\t[See also <a href=\"\/doc\/1305957\/\">Mahendra L. Jain and Others vs. Indore Development<br \/>\nAuthority and Others<\/a>  JT 2004 (10) SC 1]<\/p>\n<p>The decision of the Allahabad High Court in Shipra Ghoshal (supra)<br \/>\nstands entirely on a different footing.  In that case, a finding of fact as regard<br \/>\nfactual discrimination against similarly situated persons was arrived at.  It<br \/>\nwas further noticed that the petitioners therein were not appointed for a<br \/>\nparticular scheme and they had been transferred from one place to another<br \/>\nand on that ground it was opined that those who were not appointed in a<br \/>\nparticular scheme could not be axed out on the ground that their<br \/>\nappointments were made in a particular scheme, particularly when there was<br \/>\nnothing in their appointment letters to show the same..  The said decision of<br \/>\nthe Allahabad High Court does not advance the case of the Respondent.\n<\/p>\n<p>\tIt is now well-settled that even in a case where the services of a<br \/>\nworkman have been terminated without complying with the provisions of<br \/>\nSection 6N of the Industrial Disputes Act, a direction for reinstatement shall<br \/>\nnot ordinarily be issued, in the event, the termination of services becomes<br \/>\nco-terminus with the scheme.\n<\/p>\n<p>\tFor the reasons aforementioned, the impugned judgment cannot be<br \/>\nsustained, which is set aside accordingly.  The appeal is allowed.  However,<br \/>\nin the facts and circumstances of this case, there shall be no order as to costs.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Supreme Court of India Dhampur Sugar Mills Ltd vs Bhola Singh on 8 February, 2005 Author: S.B. Sinha Bench: N. Santosh Hegde, S.B. Sinha CASE NO.: Appeal (civil) 1262-63 of 2003 PETITIONER: Dhampur Sugar Mills Ltd. RESPONDENT: Bhola Singh DATE OF JUDGMENT: 08\/02\/2005 BENCH: N. Santosh Hegde &amp; S.B. Sinha JUDGMENT: J U D G [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[30],"tags":[],"class_list":["post-20595","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.4 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Dhampur Sugar Mills Ltd vs Bhola Singh on 8 February, 2005 - Free Judgements of Supreme Court &amp; High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/dhampur-sugar-mills-ltd-vs-bhola-singh-on-8-february-2005\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Dhampur Sugar Mills Ltd vs Bhola Singh on 8 February, 2005 - Free Judgements of Supreme Court &amp; 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