HARYANA STATE AGRICULTURAL MARKETING BOARD Vs. SUBHASH CHAND
LAWS(SC)-2006-2-38
SUPREME COURT OF INDIA
Decided on February 24,2006

HARYANA STATE AGRICULTURAL MARKETING BOARD Appellant
VERSUS
SUBHASH CHAND Respondents





Cited Judgements :-

SUDHA RATNA SINGH VS. UNION OF INDIA [LAWS(PAT)-2011-2-91] [REFERRED TO]
TAMILNADU POLICE HOUSING CORPORATION A GOVT OF TAMILNADU UNDERTAKING VS. C DHANASEKARAN [LAWS(MAD)-2008-12-124] [REFERRED TO]
MATA SUNDRI COLLEGE FOR WOMEN VS. SH. VIJAY PAL [LAWS(DLH)-2009-2-298] [REFERRED TO]
Bhujanga S/o Krishna Shetty and others VS. The Management of Mangalore Chemicals and Fertilizers Ltd. represented by its Company Secretary [LAWS(KAR)-2008-11-80] [REFERRED TO]
BHAVNAGAR MUNICIPAL CORPORATION VS. PARESH RASIKBHAI DODIYA [LAWS(GJH)-2021-7-280] [REFERRED TO]
SURENDRA PRASAD TEWARI VS. UTTAR PRADESH RAJYA KRISHI UTPADAN MANDI PARISHAD [LAWS(SC)-2006-9-19] [REFERRED TO]
ALSTOM INDIA LIMITED VS. SIDRAM AND ORS. [LAWS(KAR)-2015-11-177] [REFERRED TO]
MAHINDRA AND MAHINDRA LTD VS. MADHAV RAMKRISHNA LOMTE [LAWS(BOM)-2021-11-229] [REFERRED TO]
MAHINDRA AND MAHINDRA LTD VS. MADHAV RAMKRISHNA LOMTE [LAWS(BOM)-2021-11-229] [REFERRED TO]
MANAGMENT OF MANGLORE CHEMICALS AND FERTILIZERS LTD VS. BHUJANGA [LAWS(KAR)-2008-11-70] [REFERRED TO]
RAJIV KUMAR VS. THE PRESIDING JUDGE, INDUSTRIAL TRIBUNAL & OTHERS [LAWS(HPH)-2016-7-101] [REFERRED TO]
SURESH KUMAR SHARMA VS. PRESIDING OFFICER, LABOUR COURT, U.T. CHANDIGARH AND ANOTHER [LAWS(P&H)-2006-8-327] [REFERRED]
BHOGPUR CO OP SUGAR MILLS LTD VS. HARMESH KUMAR [LAWS(SC)-2006-11-178] [RELITED ON]
ONKAR NATH SINGH VS. PRESIDING OFFICER LABOUR COURT AGRA [LAWS(ALL)-2006-9-286] [REFERRED TO]
MUNICIPAL COUNCIL SAMRALA VS. SUKHWINDER KAUR [LAWS(SC)-2006-8-34] [REFERRED TO]
HARYANA ROADWAYS VS. YUNUS KHAN [LAWS(DLH)-2023-3-244] [REFERRED TO]
M/S PERFECT FACILITIES MANAGEMENT PVT. LTD. VS. PRESIDING OFFICER AND ANOTHER [LAWS(P&H)-2017-2-212] [REFERRED TO]
HINDUSTAN LEVER LIMITED VS. INDUSTRIAL TRIBUNAL IV NEW AGRA [LAWS(ALL)-2007-7-46] [REFERRED TO]
MANAGEMENT OF DELHI FINANCIAL CORPORATION VS. P O LABOUR COURT [LAWS(DLH)-2013-1-373] [REFERRED TO]
SHALEEN SHIVHARE & OTHERS VS. RESERVE BANK OF INDIA, THRU ITS GOVERNOR & ANOTHER [LAWS(ALL)-2017-12-317] [REFERRED TO]
M. PONNUSAMY VS. PRESIDING OFFICER, LABOUR COURT [LAWS(MAD)-2017-6-165] [REFERRED TO]
ANIL KUMAR PRABHAKAR VS. TELECOMMUNICATIONS CONSULTANT INDIA LTD [LAWS(DLH)-2010-4-90] [REFERRED TO]
DARJI CHIRAG UMESHKUMAR AND ORS. VS. STATE OF GUJARAT AND ORS. [LAWS(GJH)-2016-4-177] [REFERRED TO]
MAHILA SAMAKHYA KARNATAKA VS. SHOBHA [LAWS(KAR)-2007-4-32] [REFERRED TO]
THE NAGPUR DISTRICT CENTRAL CO-OPERATIVE BANK LTD. VS. PRASHANT ASHOKRAO SALUNKE AND ORS. [LAWS(BOM)-2016-1-34] [REFERRED TO]
DEPUTY EXECUTIVE ENGINEER VS. RAJ AMARSINH FULSINH [LAWS(GJH)-2007-12-13] [REFERRED TO]
JUNAGADH MUNICIPAL CORPORATION VS. DIPAKBHAI PRATAPBHAI KARAMATA [LAWS(GJH)-2020-7-285] [REFERRED TO]
C.M. SURESH AND SRI D.R. SATISH VS. MANAGING DIRECTOR, BESCOM [LAWS(KAR)-2013-8-88] [REFERRED TO]
PRITAM SINGH VS. CANCER HOSPITAL AND RESEARCH INSTITUTE [LAWS(MPH)-2008-7-66] [REFERRED TO]
STATE OF M P VS. RAJENDRA KUMAR JAIN [LAWS(MPH)-2018-5-112] [REFERRED TO]
NEW DELHI MUNICIPAL COUNCIL VS. ANIL KUMAR GUPTA [LAWS(DLH)-2006-9-121] [REFERRED TO]
SHANKAR BHIMRAO KADAM VS. TATA MOTORS LIMITED [LAWS(BOM)-2022-2-144] [REFERRED TO]
MUNICIPAL COUNCIL SUJANPUR VS. SURINDER KUMAR [LAWS(SC)-2006-5-68] [REFERRED TO]
STATE OF RAJASTHAN VS. SARJEET SINGH [LAWS(SC)-2006-10-50] [REFERRED TO]
MANAGEMENT OF MANGALORE CHEMICALS AND FERTILIZERS LTD VS. BHUJANGA [LAWS(KAR)-2008-11-12] [REFERRED TO]
MUNICIPAL CORPORATION OF DELHI VS. SUNDARI [LAWS(DLH)-2014-3-235] [REFERRED TO]
MANAGEMENT OF GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY VS. LOKESH KUMAR [LAWS(DLH)-2022-9-186] [REFERRED TO]
MANAGEMENT OF FOOD CORPN OF INDIA VS. CENTRAL GOVT INDUSTRIAL TRIBUNAL [LAWS(GAU)-2007-1-72] [REFERRED TO]
HARYANA STATE ELECTRONICS DEVELOPMENT CORPORATION LTD VS. MAMNI [LAWS(SC)-2006-5-1] [REFERRED TO]
TATA INTERNATIONAL LTD. VS. SANGEETA AKODIA LRS. RAJKUNWARBAI [LAWS(MPH)-2020-1-16] [REFERRED TO]
VICE CHANCELLOR, GURU NANAK DEV UNIVERSITY, AMRITSAR AND ORS. VS. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL AND ORS. [LAWS(P&H)-2015-4-115] [REFERRED TO]


JUDGEMENT

S. B. Sinha, J. - (1.)Leave granted.
(2.)The respondent was appointed on contractual basis as an Arrival Record Clerk. Such appointments were made during paddy seasons. The period of first appointment was from 17-10-1997 to 15-1-1998. Again in the next wheat season he worked under the appellant from 4-4-1998 to 1-7-1998. He was again appointed vide order dated 11-9-1998 and worked from 16-9-1998 till 13-12-1998. The terms and conditions of service as contained in the order dated 11-9-1998 in regard to the appellant are as under :
"1. That the appointment will be on consolidated wages at the rate of Rs. 1536/- P.M. No other allowances will be admissible.

2. The period of engagement will be 89 days.

3. Services can be terminated/dispensed at any time without assigning any notice and reason and this will not confer any right for his/her being considered for regular appointment.

4. He/she will not entitle to any leave except one day casual leave for each complete month.

5. The unavailed casual leave shall lapse on the last day of calendar year.

6. His/her appointment on contract basis shall not confer upon any right for regularization of appointment.

7. He will be bound by Office Secrecy Act and shall be required to maintain decorum as is expected under conduct rules of the Board.

8. His retention on contract basis shall firm the performance in the job assigned to him. He will have to join the duty within 100 days from the date of issue of this order failing which the engagement will stand cancelled automatically."

(3.)After termination of his services, the appellant raised an industrial dispute. The Government of Haryana made a reference thereof purported to be in exercise of its jurisdiction under Section 10(1)(c) of Industrial Disputes Act, 1947 (herein- after referred to as the Act) to the Industrial Tribunal-cum- Labour Court, Panipat. It was registered as Reference No. 383 of 2000. Both parties filed their respective written statements before the Labour Court.


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