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july 2013

Supreme Court of India · 2013-07-16

Bhavanagar Mun.Corp vs Salimbhai Umarbhai Mansuri

Citation / case number
AIR 2013 SUPREME COURT 2762
Court
Supreme Court of India
Petitioner
Bhavanagar Mun.Corp
Respondent
Salimbhai Umarbhai Mansuri
Author
K.S. Radhakrishnan
Bench
Pinaki Chandra Ghose, K.S. Radhakrishnan

Judgment text excerpt

The Supreme Court held that the termination of the respondent's services after the expiry of the contract period does not constitute retrenchment under Section 2(oo) of the Industrial Disputes Act, 1948. The Court emphasized that the terms of the employment contract are critical in determining the applicability of Sections 25G and 25H of the ID Act. The Court upheld the Corporation's appeal, reversing the Labour Court's and High Court's decisions that had ordered reinstatement, as the respondent's employment was not subject to retrenchment provisions due to the temporary nature of the contract.

Bhavanagar Mun.Corp vs Salimbhai Umarbhai Mansuri · Niyam