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RAJIV NARAIN RAINA
Vijay Kumar – Appellant
Versus
Presiding Officer – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Anil Shukla, Advocate

JUDGMENT :

RAJIV NARAIN RAINA, J.

1. Heard Mr. Shukla appearing for the workman-petitioner and Mr. Gaur appearing for the management.

2. The only question involved in this petition is with respect to the interpretation of the appointment letter dated 1st July, 2005 and whether it would fall within exemption in Sub-section (bb) of Section 2(oo) of the Industrial Disputes Act, 1947 [for short, "the Act"] to take the appointment out of the teeth of retrenchment and therefore compliance of Section 25-F of the Act. To understand the drift of the argument, the best document is the appointment letter itself and it is reproduced:--

"DPSF/P-87

Mr. Vijay Kumar

July 01, 2005

I am pleased to offer you temporary appointment as a helper, peon, in General Duty at Delhi Public School, Faridabad for a period of six months on a consolidated salary of Rs. 3200/- (Rupees Three Thousand two hundred only) per month all inclusive w.e.f 1st July, 2005.

Your services are purely temporary and can be terminated at any time without any prior notice and assigning the reason.

If the above terms and conditions of service are acceptable to you, please give your written consent.

Sd/-Manager"

3. The Presiding Officer, Labour

























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