HARYANA STATE ELECTRONICS DEVELOPMENT CORPORATION LTD. versus MAMNI

HARYANA STATE ELECTRONICS DEVELOPMENT CORPORATION LTD. versus MAMNI

Repeated ad hoc reappointments separated by short gaps designed to defeat statutory protections do not attract Section 2(oo)(bb). Given the lapse of time and absence of material to show lack of alternative employment, a lump sum compensation replaces reinstatement and back wages.

Parties
Appellant: Haryana State Electronics Development Corporation Ltd.; Respondent: Mamni
Jurisdiction
India
Judgment Date
02 May 2006
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed in part; reinstatement with back wages set aside; lump sum compensation ordered.
Legal Topics
Industrial Disputes, Adhoc Employment, Regularization, Compensation for Termination
Labour Law Industrial Disputes Adhoc Employment Regularization Compensation for Termination

Case Brief

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Parties

Haryana State Electronics Development Corporation Ltd.

Appellant

Mamni

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether Section 2(oo)(bb) of the Industrial Disputes Act applies to repeated ad hoc appointments separated by short gaps.
  2. 2 Whether reinstatement with back wages is appropriate in cases of termination after prolonged period.
  3. 3 Whether compensation in lieu of reinstatement is justified.

Ratio Decidendi

Repeated ad hoc reappointments separated by short gaps designed to defeat statutory protections do not attract Section 2(oo)(bb). Given the lapse of time and absence of material to show lack of alternative employment, a lump sum compensation replaces reinstatement and back wages.

Court Disposition

Appeal allowed in part; reinstatement with back wages set aside; lump sum compensation ordered.

Orders

  • Respondent to be compensated by payment of Rs. 25,000/- in lieu of reinstatement with back wages.