http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 6
PETITIONER: MIS. ROHTAS SUGAR LTD., & OTHERS
Vs.
RESPONDENT: THEIR WORKMEN
DATE OF JUDGMENT: 12/02/1960
BENCH: GUPTA, K.C. DAS BENCH: GUPTA, K.C. DAS GAJENDRAGADKAR, P.B. SUBBARAO, K.
CITATION: 1960 AIR 671 1960 SCR (2) 989
ACT: Seasonal lndustries-Unskilled workmen-Retaining allowance for off season-If wage structure to be raised in lieu of retaining allowances.
HEADNOTE: The unskilled seasonal workmen of the Bihar Sugar Industry, bulk of whom belonged to the landless labourer class, who ceased to have any contractual relation with the employers once the 990 season was over and on the commencement of the next season might or might not rejoin their employment) raised disputes over the question whether retaining allowances should be paid to them during the off season. The Labour Appellate Tribunal inter alia awarded a retaining allowance to unskilled workmen, at a rate of 5% of the basic wage for the period of the off season to be paid every year at the beginning of the season, when they reported for duty. The main contentions on behalf of the employer were that. agriculture was the primary occupation of these persons and the employment in the Sugar Factory Was merely a subsidiary occupation, that claim for retaining allowance was really in the nature of unemployment relief which it was the duty of the State and not t...