Supreme Court of India · 1997-03-26
HIMANSHU KUMAR VIDYARTHI & ORS. vs STATE OF BIHAR & ORS.
- Citation / case number
- SC 1996/80579
- Court
- Supreme Court of India
- Petitioner
- HIMANSHU KUMAR VIDYARTHI & ORS.
- Respondent
- STATE OF BIHAR & ORS.
- Author
- D.P. WADHWA K. RAMASWAMY
- Bench
- D.P. WADHWA K. RAMASWAMY
Judgment text excerpt
The Supreme Court dismissed the special leave petition challenging the termination of daily wage employees, holding that their disengagement does not constitute 'retrenchment' under Section 25F of the Industrial Disputes Act, 1947. The Court clarified that not every department of the government qualifies as an 'industry' and that the petitioners, being temporary employees appointed based on need and not according to statutory rules, do not have a right to their posts. Therefore, their termination was not arbitrary as they were not entitled to the protections under the Industrial Disputes Act.