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october 2006

Supreme Court of India · 2006-10-19

State Of Rajasthan vs Sarjeet Singh & Anr

Citation / case number
AIRONLINE 2006 SC 487
Court
Supreme Court of India
Petitioner
State Of Rajasthan
Respondent
Sarjeet Singh & Anr
Author
S.B. Sinha
Bench
S.B. Sinha, Dalveer Bhandari

Judgment text excerpt

The Supreme Court held that the termination of Respondent No. 1's services did not constitute retrenchment under Section 2(oo)(bb) of the Industrial Disputes Act, as he was appointed for a fixed term by the Gram Panchayat and not by the State. The Court affirmed the findings of the Labour Court that the mandatory requirements of Sections 25-G and 25-H were not complied with, leading to reinstatement with continuity of service, but limited back wages to 30%. The Court upheld the High Court's dismissal of the writ petition, confirming that the employment relationship was not established with the State.

State Of Rajasthan vs Sarjeet Singh & Anr · Niyam