Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Industrial Disputes Act 25-FFF and 25-0- 1947-Sections 25-F |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Labour Laws:Industrial Disputes Act, 1947-Sections 25-F, 25-FFF and 25-0- Regularization of service-Claim of-Project of Government Company closed on its completion-Termination of workmen thereafter-Correctness of-Held: Workmen were appointed for completion of the project-They are not employees of company but of the project-On completion of the project they have no vested right to claim regularization of their services with regular pay scales in the company-When the project comes to an end, services of the employees also comes to an end and have to be terminated-Also it is not necessary for the company to necessarily employ these persons at other project-However, they are entitled to notice and compensation-Appointment of the workmen was ad hoc, only for a particular project and not in terms of the Rules of the Company-Thus retrenchment on completion of the project not illegal-Constitution of India, 1950- Articles 12, 14, 16 and 21-IRCON Recruitment Rules, 1979. The question which arose for consideration in these appeals was whether retrenchment of the workers was illegal in view of the fact that they were employees of the company-respondent no. 1 and not merely project employees whose services would come to an end upon termination of the project. Respondent Company, wholly owned by the Government of India is engaged in various construction projects throughout the country and abroad. Respondent Company took up the project of construction of railway line. Workmen were employed in the project and assigned different nature of jobs. Initially these workmen were required to undertake training and thereafter were treated as appointed on ad hoc basis. They were to be given pay scale after successful completion of the training. Workmen could be transferred to any other project of the Company in India but on undertaking - any other job or business they had to seek permission of the competent authority. The project was completed and the workmen were served with the notices of retrenchment. The retrenchment benefits were given under section 25-F(b) of the Industrial Disputes Act, 1947. Writ petitioners challenged the retrenchment. Workmen filed writ petitions against respondent no. 1-company. The Full Bench of High Court dismissed the petitions holding that the petitioners were not entitled to the benefit of regularization as the project stood closed; that project stood completed in all respect; and that the petitioners did not apply for recruitment in service of the Company as per the Service Rules and those who appeared and were found suitable were selected and appointed under the service rules of the Company but others who could not appear, their services were terminated in accordance with law. Hence the present appeals. Dismissing the matters |
Judge | Hon'ble Mr. Justice A.K. Mathur |
Neutral Citation | 2007 INSC 30 |
Petitioner | Lal Mohammad And Ors. |
Respondent | Indian Railway Construction Co. Ltd. & Ors. |
SCR | [2007] 1 S.C.R. 784 |
Judgement Date | 2007-01-11 |
Case Number | 6195-6198 |
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