Appeal by special leave from the Award dated May 1, 1961, of the Industrial Tribunal 111 , U.P. at Allahabad in Reference No.
P. Maheshwari, for the respondents.
1962, August 3 The Judgment of the companyrt was delivered by MUDHOLKAR, J. The only point for companysideration 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.
254 of 1962.
S. Pathak, J. B. Dadachanji, O. C. Mathur and Ravinder Narain, for the appellants.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
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.
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.
It is companymon 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.
33 of 53 and dated April 15, 1953, they are entitled to three days closure holidays.
It is the case of the respondents that the appellants employ about 1,600 seasonal workers and about 650 permanent workers.
The remaining seasonal workers companytinued to work in the factory till March 16, 1959, and, therefore, under a term of an award of the Industrial Tribunal in reference No.
69 of 1959.
