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july 2007

Supreme Court of India · 2007-07-18

Microwave Project, Kota & Anr vs Ramesh Chand

Citation / case number
AIR 2007 SC (SUPP) 683
Court
Supreme Court of India
Petitioner
Microwave Project, Kota & Anr
Respondent
Ramesh Chand
Author
Arijit Pasayat
Bench
Arijit Pasayat, S.H. Kapadia

Judgment text excerpt

The Supreme Court held that the termination of the respondent's services as a casual labourer was improperly adjudicated by the Tribunal, as it failed to consider the applicability of Section 2(oo)(bb) of the Industrial Disputes Act, 1947. The Court emphasized that the nature of employment for a specific project must be evaluated before applying Section 25-F, which mandates compliance for retrenchment. Consequently, the Court remitted the matter back to the Tribunal for fresh consideration, allowing both parties to present additional material.

Microwave Project, Kota & Anr vs Ramesh Chand · Niyam