Ban Nigam Karamchari Kalyan Sangh & Anr. Vs. Divisional Logging Manager & Ors.
EmailAppeal: Civil Appeal No. 1603 of 1988.
(Arising out of SLP (C) No. 12577/87)
(Arising out of SLP (C) No. 12577/87)
Petitioner: Ban Nigam Karamchari Kalyan Sangh & Anr.
Respondent: Divisional Logging Manager & Ors.
Apeal: Civil Appeal No. 1603 of 1988.
(Arising out of SLP (C) No. 12577/87)
(Arising out of SLP (C) No. 12577/87)
Judges: RANGANATH MISRA & MURARI MOHON DUTT,JJ.
Date of Judgment: Apr 25, 1988
Head Note:
SERVICE AND LABOUR LAW
Termination of employment – Petitioners were in the employment of U.P. Forest Corporation which was appointed agent for collecting tendu leaves – As Nigam was appointed agent in place of the Corporation, the services of the petitioners were terminated by the Corporation – Nigam directed to continue the workmen in employment.
JUDGEMENT:
O R D E R
1. Special leave granted.
2. Several points were pressed before the High Court in the writ petition but the only question which has been argued before is that employment of the 149 workmen who were hitherto working under the State Forest Corporation should be continued in employment under the U.P. Tarai Anusuchit Janjati Vikas Nigam.
3. In Uttar Pradesh tandu leave business is monopolised by the State. In earlier years, the Forest Corporation was appointed as the agent for handling the collection of tandu leaves. This Corporation had employed these 149 workmen. since tendu leave collection was seasonal, the employees were given other works during the rest of the year. At present the Nigam has been appointed as the agent in place of the Corporation. Thereupon the Corporation terminated the services of these workmen.
4. In the proceding before the High Court, as also here,the State and the Nigam have not been impleaded as parties but learned counsel for the Corporation tells us that it was the understanding that the Nigam would take over these 149 workmen on the same terms and conditions as were applicable when they were working under the Corporation. Since both the Corporation and the Nigam are Govermnent concerns as learned counsel for the Corporation tells us that this was the understanding, we direct the Nigam to continue the 149 workmen in employment on the same terms and conditions as were applicable to them when the Corporation was the agent for collection of tendu leaves. The list of the 149 workmen is not on record. Learned counsel for the appellants has undertaken to provide the list within 24 hours.
5. The appeal is accordingly disposed of. No costs. A copy of this order may be transmitted to the State Government as also the Nigam.
1. Special leave granted.
2. Several points were pressed before the High Court in the writ petition but the only question which has been argued before is that employment of the 149 workmen who were hitherto working under the State Forest Corporation should be continued in employment under the U.P. Tarai Anusuchit Janjati Vikas Nigam.
3. In Uttar Pradesh tandu leave business is monopolised by the State. In earlier years, the Forest Corporation was appointed as the agent for handling the collection of tandu leaves. This Corporation had employed these 149 workmen. since tendu leave collection was seasonal, the employees were given other works during the rest of the year. At present the Nigam has been appointed as the agent in place of the Corporation. Thereupon the Corporation terminated the services of these workmen.
4. In the proceding before the High Court, as also here,the State and the Nigam have not been impleaded as parties but learned counsel for the Corporation tells us that it was the understanding that the Nigam would take over these 149 workmen on the same terms and conditions as were applicable when they were working under the Corporation. Since both the Corporation and the Nigam are Govermnent concerns as learned counsel for the Corporation tells us that this was the understanding, we direct the Nigam to continue the 149 workmen in employment on the same terms and conditions as were applicable to them when the Corporation was the agent for collection of tendu leaves. The list of the 149 workmen is not on record. Learned counsel for the appellants has undertaken to provide the list within 24 hours.
5. The appeal is accordingly disposed of. No costs. A copy of this order may be transmitted to the State Government as also the Nigam.
