HIMANSHU KUMAR VIDYARTHI AND ORS. versus STATE OF BIHAR AND ORS.

HIMANSHU KUMAR VIDYARTHI AND ORS. versus STATE OF BIHAR AND ORS.

Disengagement of daily wage employees, not appointed under statutory rules and without right to posts, is not retrenchment under the Industrial Disputes Act, 1947; nor is it arbitrary.

Parties
Petitioner: Himanshu Kumar Vidyarthi; Respondent: State of Bihar; Respondent: Co-operative Training Institute, Deoghar
Jurisdiction
India
Judgment Date
26 March 1997
Procedural Posture
Special Leave Petition (civil) / Supreme Court Dismissal of SLP
Outcome
Petition dismissed
Legal Topics
Retrenchment, Daily Wage Employment, Industrial Disputes Act, 1947, Government Departments as Industry
Labour Law Retrenchment Daily Wage Employment Industrial Disputes Act, 1947 Government Departments as Industry

Case Brief

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Parties

Himanshu Kumar Vidyarthi

Petitioner

State of Bihar

Respondent

Co-operative Training Institute, Deoghar

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether disengagement of daily wage employees of the Co-operative Training Institute amounts to retrenchment under Section 25F of the Industrial Disputes Act, 1947?
  2. 2 Whether the termination of daily wage employees was arbitrary?

Ratio Decidendi

Disengagement of daily wage employees, not appointed under statutory rules and without right to posts, is not retrenchment under the Industrial Disputes Act, 1947; nor is it arbitrary.

Court Disposition

Petition dismissed

Orders

  • Delay condoned
  • Special Leave Petition dismissed