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ARINDAM SINHA
General Manager, The Samaja, Buxi Bazar – Appellant
Versus
Santosh Kumar Muduli – Respondent
JUDGMENT
Arindam Sinha, J.
Mr. Bahali, learned advocate appears on behalf of petitioner (management). He submits, impugned is award dated 30th June, 2023 made by the labour Court, illegally and with material irregularities in finding that termination of opposite party (workman) by not renewing the contract was neither legal nor justified. Consequently, direction for reinstatement and payment of back wages at 30% are also to be set aside and quashed.
2. He draws attention to the contract, under which opposite party was appointed. It is dated 1st March, 2012. We reproduce below clauses 1, 2 and 9.
'1. The period of contract will be for a period of one year from the date of your joining.
2. During the period of contract apart from the consolidated amount of Rs.10,000/- no other allowance or financial benefit will be admissible to you except the allowances towards fuel and mobile.
xxx xxx xxx
9. On expiry of contractual period, your contract of engagement shall stand automatically terminated.' (emphasis supplied)
He submits, the contract was extended to subsist between 1st April, 2013 till 31st March, 2014. By office order dated 7th April, 2014 it was said that the contract had expired as no
The termination of a workman's contract upon its expiry does not constitute retrenchment under the Industrial Disputes Act if the contract terms explicitly state that the engagement ends automaticall....
Labour Law - Retrenchment - Meaning of - Definition of term retrenchment makes it clear that termination of service of workman as a result of non-renewal of contract of employment between the employe....
Termination of a workman on a contractual basis may not constitute retrenchment if the employment is of a permanent nature, and unfair labor practices may warrant compensation instead of reinstatemen....
The central legal point established in the judgment is the interpretation and application of the definition of 'retrenchment' under Section 2(oo)(bb) of the Industrial Disputes Act in determining the....
It is settled law that for attracting applicability of Section 25-G of Act, workman is not required to prove that he had worked for a period of 240 days during 12 calendar months preceding terminatio....
Termination of contractual employment does not equate to retrenchment under Section 2(oo)(bb) of the Industrial Disputes Act, 1947, limiting the right to claim reinstatement.
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