MUNICIPAL COUNCIL, SAMRALA versus SUKHWINDER KAUR

MUNICIPAL COUNCIL, SAMRALA versus SUKHWINDER KAUR

Section 2(oo)(bb) of the Industrial Disputes Act, 1947 is attracted to the facts of this case as the respondent was appointed on a temporary, contractual basis, was aware of the termination clause, and accepted the terms. The termination does not amount to retrenchment under the Act and therefore Section 25F is not attracted.

Parties
Appellant: Municipal Council, Samrala; Respondent: Sukhwinder Kaur
Jurisdiction
India
Judgment Date
08 August 2006
Procedural Posture
Civil Appeal / Appeal From the Judgment and Order of the High Court of Punjab and Haryana in Civil Writ Petition No. 10317/2003 and Review Application No. 6/2004
Outcome
Appeal disposed of
Legal Topics
Retrenchment, Temporary Employment, Contractual Service, Compliance With Section 25 F of the Industrial Disputes Act
Labour and Industrial Law Retrenchment Temporary Employment Contractual Service Compliance With Section 25 F of the Industrial Disputes Act

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Parties

Municipal Council, Samrala

Appellant

Sukhwinder Kaur

Respondent

Procedural Posture

Civil Appeal / Appeal From the Judgment and Order of the High Court of Punjab and Haryana in Civil Writ Petition No. 10317/2003 and Review Application No. 6/2004

Legal Issues

  1. 1 Whether termination of a contractual employee without complying with Section 25F of the Industrial Disputes Act, 1947 is valid when Section 2(oo)(bb) is attracted.

Ratio Decidendi

Section 2(oo)(bb) of the Industrial Disputes Act, 1947 is attracted to the facts of this case as the respondent was appointed on a temporary, contractual basis, was aware of the termination clause, and accepted the terms. The termination does not amount to retrenchment under the Act and therefore Section 25F is not attracted.

Court Disposition

Appeal disposed of

Orders

  • The appellant shall pay Rs.30,000/- to the respondent within four weeks from receipt of the order, failing which interest at 6% per annum shall accrue till payment.