PUNJAB STATE ELECTRICILY BOARD versus DARBARA SINGH

PUNJAB STATE ELECTRICILY BOARD versus DARBARA SINGH

Workman engaged for a specific period or under a condition that appointment ceases on engagement of a regular employee does not amount to retrenchment per Section 2(oo)(bb); orders of reinstatement are unsustainable.

Parties
Appellant: Punjab State Electricity Board; Respondent: Darbara Singh
Jurisdiction
India
Judgment Date
17 November 2005
Procedural Posture
Civil Appeal / Final Decision on Appeal
Outcome
Appeal allowed
Legal Topics
Retrenchment, Fixed Term Employment, Industrial Disputes Act Section 2(oo)(bb), Section 25 F
Labour Law Retrenchment Fixed Term Employment Industrial Disputes Act Section 2(oo)(bb) Section 25 F

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Punjab State Electricity Board

Appellant

Darbara Singh

Respondent

Procedural Posture

Civil Appeal / Final Decision on Appeal

Legal Issues

  1. 1 Whether cessation of work on expiry of specific period for which respondent was appointed amounts to retrenchment under Section 2(oo)(bb) of the Industrial Disputes Act, 1947

Ratio Decidendi

Workman engaged for a specific period or under a condition that appointment ceases on engagement of a regular employee does not amount to retrenchment per Section 2(oo)(bb); orders of reinstatement are unsustainable.

Court Disposition

Appeal allowed

Orders

  • Orders of Labour Court and High Court quashed
  • No order as to costs