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july 2007

Supreme Court of India · 2007-07-18

MICROWAVE PROJECT, KOTA vs RAMESH CHAND

Citation / case number
SC 2004/9997
Court
Supreme Court of India
Petitioner
MICROWAVE PROJECT, KOTA
Respondent
RAMESH CHAND
Author
ARIJIT PASAYAT
Bench
S.H. KAPADIA DR. ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court held that the termination of the respondent's services as a casual labourer was not justified under Section 25-F of the Industrial Disputes Act, 1947, as he had worked for more than 240 days, which constituted retrenchment under Section 2(oo) of the Act. However, the Court found that the Tribunal failed to consider the implications of Section 2(oo)(bb), which pertains to employment for a specific project. The Court ultimately set aside the Tribunal's award, indicating that the applicability of Section 25-F was contingent upon the correct interpretation of Section 2(oo)(bb).

MICROWAVE PROJECT, KOTA vs RAMESH CHAND · Niyam