BINOY KUMAR CHATTERJEE versus M/S JUGANTAR LTD. AND OTHERS

BINOY KUMAR CHATTERJEE versus M/S JUGANTAR LTD. AND OTHERS

Termination of the petitioner’s employment upon expiry of a fixed-term contract entered into post-superannuation did not constitute retrenchment as defined in Section 2(00) of the Industrial Disputes Act and Section 25F was not attracted. The post-retirement contractual service was not a continuation of the original employment, and Standing Orders validly provide for superannuation at 60 years.

Parties
Petitioner: Binoy Kumar Chatterjee; Respondent: M/s Jugantar Ltd.
Jurisdiction
India
Judgment Date
06 April 1983
Procedural Posture
Special Leave Petition (civil) / Supreme Court Disposition of SLP
Outcome
Petition dismissed.
Legal Topics
Superannuation, Retrenchment, Fresh Appointment, Termination of Employment, Working Journalists Act, Standing Orders, Industrial Disputes Act Section 2(00), Industrial Disputes Act Section 25 F
Industrial Law Labour Law Superannuation Retrenchment Fresh Appointment Termination of Employment Working Journalists Act Standing Orders +2 more

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Parties

Binoy Kumar Chatterjee

Petitioner

M/s Jugantar Ltd.

Respondent

Procedural Posture

Special Leave Petition (civil) / Supreme Court Disposition of SLP

Legal Issues

  1. 1 Whether termination of fresh appointment after superannuation attracts the provisions of Section 25F of the Industrial Disputes Act
  2. 2 Whether such termination constitutes 'retrenchment' within Section 2(00) of the Industrial Disputes Act
  3. 3 Whether Standing Orders validly provide for retirement at the age of superannuation

Ratio Decidendi

Termination of the petitioner’s employment upon expiry of a fixed-term contract entered into post-superannuation did not constitute retrenchment as defined in Section 2(00) of the Industrial Disputes Act and Section 25F was not attracted. The post-retirement contractual service was not a continuation of the original employment, and Standing Orders validly provide for superannuation at 60 years.

Court Disposition

Petition dismissed.

Orders

  • Relief of reinstatement refused.
  • Labour Court award upheld.