MICROWAVE PROJECT, KOTA AND ANR. versus RAMESH CHAND

MICROWAVE PROJECT, KOTA AND ANR. versus RAMESH CHAND

The Tribunal and High Court failed to consider the effect of Section 2(oo)(bb) regarding project employment; the proper determination of retrenchment and mandatory requirements under Section 25-F must first address applicability of Section 2(oo)(bb); matter remitted to Tribunal for fresh consideration.

Source-derived case information.

Parties
Appellant: Microwave Project, Kota and Anr.; Respondent: Ramesh Chand
Jurisdiction
India
Judgment Date
18 July 2007
Procedural Posture
Civil Appeal / Appeal From High Court Order
Outcome
Appeal allowed
Legal Topics
Termination of Employment, Retrenchment, Casual Labour, Project Employment
Labour Law Termination of Employment Retrenchment Casual Labour Project Employment

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Parties

Microwave Project, Kota and Anr.

Appellant

Ramesh Chand

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Order

Legal Issues

  1. 1 Whether termination of the respondent was justified under Industrial Disputes Act, 1947
  2. 2 Applicability of Section 25-F and 2(oo)(bb) of Industrial Disputes Act, 1947 to project-based/casual employment

Ratio Decidendi

The Tribunal and High Court failed to consider the effect of Section 2(oo)(bb) regarding project employment; the proper determination of retrenchment and mandatory requirements under Section 25-F must first address applicability of Section 2(oo)(bb); matter remitted to Tribunal for fresh consideration.

Court Disposition

Appeal allowed

Orders

  • Matter remitted to Tribunal for fresh consideration
  • Tribunal requested to dispose of matter within four months