Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Industrial Disputes Labour Court |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Industrial Disputes Act, 1947 - s.2(oo) r/w s.2(bb) and C ss. 25G and H - Respondent appointed as a helper in appellant-Corporation for two fixed periods - On expiry of the second term, service of respondent terminated - Labour Court held that appellant-Corporation had violated the provisions of ss. 25G and H and directed it to reinstate the respondent with continuity in service with consequential benefits - Order upheld by High Court - On appeal, held: Labour Court as well as the High Court completely misunderstood the scope of s.2(oo), (bb}, as well as s.25G and H - Respondent had not worked continuously for 240 days in an year to claim the benefit of s.25F, G and H - He had worked only for 54 days in two fixed periods and on expiry of the second term, his service stood automatically terminated on the basis of the contract of appointment - Specific terms of the contract indicated that the employment was shortclived and liable to termination, on the fixed period mentioned in the contract - There was no retrenchment under s.2(oo) rlw s.2(bb), consequently, s.25H did not apply - Award passed by the Labour Court and confirmed by the High Court accordingly set aside. |
Judge | Hon'ble Mr. Justice K.S. Panicker Radhakrishnan |
Neutral Citation | 2013 INSC 471 |
Petitioner | Bhavnagar Municipal Corporation |
Respondent | Salimbhai Umarbhai Mansuri |
SCR | [2013] 8 S.C.R. 90 |
Judgement Date | 2013-07-16 |
Case Number | 5498 |
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