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march 1997

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.

HIMANSHU KUMAR VIDYARTHI & ORS. vs STATE OF BIHAR & ORS. · Niyam