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2002 Supreme(SC) 658

D.P.MOHAPATRA, K.G.BALAKRISHNAN
Haryana State F. C. C. W. Store LTD. – Appellant
Versus
Ram Niwas – Respondent


JUDGMENT

D.P. Mohapatra, J.-Leave is granted.

2. The question that arises for determination in these appeals is whether on the facts and circumstances of the case the termination of service of the respondents is retrenchment in terms of section 2(oo) of the Industrial Disputes Act, 1947 (for short the ID Act )? The further question that arises for consideration in this connection is whether Section 2(oo)(bb) of the ID Act has any application in the case?

3. The factual matrix of the case relevant for considering the questions raised may be stated thus :

In the year 1993 the appellants have been entrusted with the responsibility of procuring wheat and supply the same to Haryana Warehousing Corporation. On account of non-availability of godowns heavy stock of grain had to be stored in the open area at Hasanpur Mandi. For watching and keeping care of the stock lying in the open area necessity of watchman/chowkidar was felt and sanction was sought by the District Manager of the appellant Society. The Managing Director having sanctioned the engagement of watchman/chowkidar the respondents were appointed on contract basis on payment of daily wages till the stocks are disposed of or for a

































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