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.