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2013 Supreme(SC) 646

K.S.RADHAKRISHNAN, PINAKI CHANDRA GHOSE
Bhavnagar Municipal Corporation – Appellant
Versus
Salimbhai Umarbhai Mansuri – Respondent


Judgment :-

K.S. Radhakrishnan, J.

Leave granted.

1. We are concerned in this case with the question whether termination of services of the respondent on the expiry of the contract period would amount to retrenchment within the meaning of Section 2(oo) of the Industrial Disputes Act, 1948 (for short “the ID Act”). We may refer to the facts in Civil Appeal arising out of SLP(C) No.5390 of 2012 for disposal of both the appeals, since the question of law involved in both the appeals is the same.

2. The respondent in Civil Appeal @ SLP(C) No.5390 of 2012 was appointed on daily wages as a helper in the Water Works Department in the appellant Corporation for two fixed periods from 02.05.1988 to 30.06.1988 and 04.07.1988 to 15.07.1988, under two separate office orders dated 19.05.1988 and 01.07.1988. The service of the respondent stood terminated on 15.07.1988 after serving a total period of 54 days. The respondent raised an industrial dispute on 07.12.1989 and the same was referred to Labour Court for adjudication which was registered as Reference (LCB) No.606 of 1989.

3. The Labour Court on 18.10.2003 passed an award holding that the Corporation had violated Section 25G and H of the ID



























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