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TMI Blog2008 (4) TMI 738X X X X Extracts X X X X X X X X Extracts X X X X ..... ) and the Special Secretary, Sahkari Ganna Vikas Samiti (respondent No.3) respectively. 3. The relevant facts leading to the filing of this appeal are as under. The appellant is a registered Trade Union of the workmen employed by Sahkari Ganna Vikas Samiti Ltd, Shamli, respondent no. 4 herein. Before the High Court, one Late Shri. Niranjan Singh was the writ petitioner No. 2 along with the appellant and was a permanent seasonal clerk of the respondent No. 4 but he expired during the pendency of the writ petition. U.P. Cane Cooperative Service Regulations, 1975 (in short the Service Regulations, 1975 ) were framed under section 122 of the U.P. Cooperative Societies Act, 1965 which superseded the Cane Cooperative Service Rules, 1963. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... their employment at the whims and fancies of the employer exposing the workmen to all vulnerable tactics of the employer. Since a lot of work is required to be done before actual crushing starts and comes to an end, like management of movement of sugarcane, extension of loans to the cane growers, supply of fertilizers, recovery of loans, etc. hence employment of seasonal workers could not be made limited to the crushing period only. On these grounds, the appellant filed a writ petition before the High Court of Allahabad challenging the order dated 17th of May, 1993 and the order dated 14th of July, 1993 whereby the services of Late Shri. Niranjan Singh (writ petitioner no. 2 before the High Court) were terminated. The High court, as noted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her hand contended that mere change in the definition of the term Crushing Season in the Service Regulations, 1975 would not in any manner adversely affect the appellant because earlier also, there had been retention in service only during the period for which the sugar factory had actually operated and in no season were they retained in service after expiry of the aforesaid period. 6. While dismissing the writ petition of the appellant, the High Court made the following findings: - It has been submitted on behalf of the petitioner that no employer can change the service condition applicable to the workmen as is specified in the Third Schedule. The Court has perused the Third Schedule and after perusal of the Third Schedule it is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ect any change in the conditions of service applicable to any workmen in respect of any matter specified in the Third Schedule, shall effect such change a) without giving to the workmen likely to be affected by such change a notice in the prescribed manner of the nature of the change proposed to be effected; or b) within twenty-one days of giving such notice. The Third Schedule provides as under: - The Third Schedule (See Section 4-I) CONDITIONS OF SERVICE FOR CHANGE OF WHICH NOTICE IS TO BE GIVEN 1. Wages including the period and mode of payment. 2. .. 3. .. 4. .. 5. .. 6. .. 7. .. 8. .. 9. .. 10. .. 11. ...Omitted (because not required in this case). ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of Crushing Season would have any impact on the conditions of service of the appellant. Admittedly, as per the earlier definition, as noted herein earlier, Crushing Season 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 factories commences till the date when crushing ends. In our view, 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 as noted herein earlier. Therefore, in our view, it w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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