HARMOHINDER SINGH versus KHARGA CANTEEN, AMBALA CANTT.

HARMOHINDER SINGH versus KHARGA CANTEEN, AMBALA CANTT.

The binding effect of the amended Standing Orders, including maximum permissible period of service, is valid. Termination based on such Standing Orders is not invalidated by Sections 9A, 25-F, or 25-J of the Industrial Disputes Act, 1947. Notice under Section 9A is not required for amendments regarding period of service, and Section 25-F on retrenchment is not attracted since termination is as per contract stipulation. Section 25-J is also inapplicable.

Parties
Appellant: Harmohinder Singh; Respondent: Kharga Canteen, Ambala Cantt.
Jurisdiction
India
Judgment Date
09 July 2001
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Punjab and Haryana High Court
Outcome
Appeal dismissed
Legal Topics
Standing Orders, Termination of Service, Industrial Disputes, Retrenchment
Labour Law Standing Orders Termination of Service Industrial Disputes Retrenchment

Case Brief

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Parties

Harmohinder Singh

Appellant

Kharga Canteen, Ambala Cantt.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From Punjab and Haryana High Court

Legal Issues

  1. 1 Whether termination of a temporary employee in accordance with an amended Standing Order stipulating maximum permissible service is valid.
  2. 2 Whether amendment to Standing Orders is binding on employees appointed prior to such amendment.
  3. 3 Applicability of Sections 9A, 25-F, and 25-J of the Industrial Disputes Act, 1947 to such terminations.

Ratio Decidendi

The binding effect of the amended Standing Orders, including maximum permissible period of service, is valid. Termination based on such Standing Orders is not invalidated by Sections 9A, 25-F, or 25-J of the Industrial Disputes Act, 1947. Notice under Section 9A is not required for amendments regarding period of service, and Section 25-F on retrenchment is not attracted since termination is as per contract stipulation. Section 25-J is also inapplicable.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed without any order as to costs.