No reinstatement with
consequential benefits to a person employed for a fixed term of service.
U.P. State Textile Corpn. Ltd.
vs. Suresh Kumar. 2011 LLR 637 (S.C.)
Fixed term appointment comming to
an end automatically on the completion of the period, will not amount to
retrenchment.
Smt. Manjeet Arora (Kataria) vs.
Presiding Officer, Central Government Industrial Tribunal-Cum-Labour Court,
Lucknow. 2011 LLR 509 (Uttarakhand HC)
Keeping employees on fixed term
appointment for a long period by renewing their contract from time-to-time will
not fall within the mischief of section 2(oo)(bb) of I.D. Act.
Keru Kisan Rokade vs. Geoffery
Manners & Co. Ltd., Nasik. 2011-II LLJ 408 (Bom. HC)
Ad hock appointment of three
months continued with repeated artificial breaks, thereby completing 240 days
of service by employee, his termination will not attract 2(oo)(bb) of ID Act
and will amount to retrenchment.
Rakesh Kumar and Ors. vs.
Management of Bhagini Nivedita College. 2011 LLR 1143 (Delhi HC)
Reinstatement of a trainee
initially appointed for six months, subsequently extended and relieved after
completion of training will be illegal being covered under sec. 2(oo)(b) of the
ID Act.
Chairman / Manager vs. Umesh
Kumar Radheshyam Brahmbhatt. 2011 LLR 161 (Guj. HC)
No reinstatement for the employee
engaged on contractual basis whose contract was not renewed.
Jawaharlal Nehru University vs.
Sh. D.K. Pandey. 2011 LLR 10 (Cal. HC)
Termination of employee on contract
will not be entitled for reinstatement.
Indravadan N. Adhvaryu vs.
Laxminarayan Dev Trust (through Chief Executive Kothari). 2011 LLR 261 (Guj.
HC)
Temporary driver engaged against
regular post, who continued for years together, got all benefits, will not be
entitled to any relief under ID Act when terminated, as such termination would
fall under under 2(oo)(bb) of ID Act.
1. State of Maharashtra, through
District Civil Surgeon, 2. Deputy Director of Health Services vs. Mehboobkhan
S/o Rasool Khan Pathan. 2011 LLR 750 (Bom. HC)
