9911796707
TMI Blog2002 (7) TMI 840X X X X Extracts X X X X X X X X Extracts X X X X ..... 'the ID Act')? The further question that arises for consideration in this connection is whether Section 2(oo)(bb) of the ID Act has any application in the case? 3. The factual matrix of the case relevant of considering the questions raised may be stated thus: 4. In the year 1993 the appellants have been entrusted with the responsibility of procuring wheat and supply the same to Haryana Warehousing Corporation. On account of non-availability of godowns heavy stock of grain had to be stored in the open area at Hasanpur Mandi. For watching and keeping care of the stock lying in the open are necessity of watchman/chowkidar was felt and sanction was sought by the District Manager of the appellant Society. The Managing Director having sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l benefits. 6. Reviewing the claim the appellant society pleaded the case that the workmen concerned were appointed on ad hoc basis for a specific purpose and for a specified period; as such their disengagement/termination of service after the stock of wheat lying in open area in the mandi was cleared and the period specified in the appointment order has expired, did not amount to termination within the meaning of Section 2(oo) of the ID Act, and therefore Section 25(f) of the Act was not applicable in the case. 7. Both the parties led oral and documentary evidence in support of their case. 8. The Labour Court on consideration of the evidence on record held that it is evident from Exh. MW 1/2 the order issued by the Managing Director, that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does not include-- (a) voluntary retirement of the workman; or (b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or (bb) termination of the service of the workman as a result of the non-renewal of the contract of employment between the employer and the workman concerned on this expiry or of such contract being terminated under a stipulation in that behalf contained therein; or (c) termination of the service of a workman on the ground of continued ill-health. 12. On a plain reading of the statutory provision it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4.10.1953. Clause (bb) was inserted in the definition by Act, 49 of 1984 with effect from 18.8.1984. The definition is conclusive in the sense the retrenchment has been defined to mean the termination of the service of a workman by the employer for any reason whatsoever. If the termination was by way of punishment as a consequence of disciplinary action, it would not amount to retrenchment . Originally, there were two other exceptions, namely, (i) voluntary retirement of the workman and (ii) retirement of the workman on racing the age of superannuation if the contract of employment contained a stipulation to that effect. By the Amending Act 49 of 1984, two further exceptions were introduced in the definition by inserting Clause (bb) with ef ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce on record the High Court could not and indeed has not recorded any finding that there was no contract of service between the management and the workmen concerned. Since there exists a contract of service with the terms and conditions as noted earlier the position is inescapable that the case of disengagement/termination of the workman concerned did not amount to retrenchment. In particular facts and circumstances of the case the Labour Court rightly came to the conclusion that the workmen were entitled to no relief in the case. The High Court was clearly in error in interfering with the Award passed by the Labour Court. Accordingly, the appeals are allowed. The Judgments of the High Court in CWP No. 9471/99 and CWP No. 9472/99 dated 22. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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