Workman In Continuous Service For Years Without Any Break Can’t Be Denied Benefit U/S 25F ID Act Merely Because Of Contractual Engagement
Case: Jamnagar Municipal Corporation VS Avdesh Kishorbhai Solanki
Coram: Justice AY Kogje
Case No.: C/SCA/10126/2018
Court Observation: “The fact that consecutive orders repeatedly appointing the claimant for short duration are passed from time to time, go to show that the such arrangement is a conscious decision and attempt of the respondent to give artificial breaks in the service of the claimant so as to circumvent or frustrate the statutory provisions, more particularly section 25F of the Act and to misuse, rather abuse, the provisions under clause (bb) of section 2(oo) of the Act with a view to depriving the claimant of his legal rights conferred by various provisions under different Labour Laws.”
“It is submitted that case of the petitioner-Corporation cannot be saved by Section 2(oo)(bb) in view of the fact that the contract, which the petitioner is relying upon Exh.28 was the last contract. However, first appointment of the respondent-workman was of the year 2008, wherein by order dated 25.06.2010 (Exh.18), the respondent was duly appointed. It is not the case of the petitioner-Corporation that after 2010, the respondent was discontinued for the entire period and straightaway in the year 2015, was appointed by another contract. In fact, evidence on record clearly indicates that he has continuously worked.”
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Keywords
Workman In Continuous Service, Contractual Engagement
