R S R T C Vs. SADASUKH GURJAR

JUDGEMENT

(1.) THE undisputed facts are that non petitioner No. 1 filed a claim statement before Labour Court No. 2 Jaipur contending inter-alia that he was engaged by the appellant Corporation on 9. 9. 1987 and continued to work till 1/9/88. However, w. e. f. 1. 9. 88 his services were discontinued by the Corporation and as on the said date he completed 240 days of service. The concerned employee has also submitted his affidavit in support of his claim petition. The employer thereafter submitted its reply contending therein that since the employee had worked only for a fixed term on contract basis and as per the terms of last order by which his services were extended by the Corporation, it was directed that his services were required only till 1. 9. 88. Hence, by a logical corollary, the services of respondent workman being for a fixed term and the nature of term also contractual and this fact was within his full knowledge that he had rendered services to the Corporation on contract basis and having voluntarily accepted his term of engagement, the question of respondent workman taking the plea that the matter falls within the purview of Section 25f of the Industrial Disputes Act, 1947 does not arise. However, without considering this material aspect of the matter and even the term of contract as per which the engagement of respondent workman was for a fixed duration only. Hence, it was not open to the workman to take the plea that since he had completed 240 days of continued service, he was entitled to continue in service as a regular employee.

(2.) PRIMA-FACIE, I am of the considered opinion that the workman is not entitled to succeed. From the perusal of the appointment order dt. 1. 6. 88 (Annexure-1), it is clear that no right accrues to the petitioner, on the basis of the above order since the same was again for a fixed term i. e. w. e. f. 9. 9. 87 to 1. 9. 88.

(3.) FROM the above discussion the termination of the petitioner under aforesaid circumstances cannot be treated as a case of retrenchment so as to attract the provisions of Section 2 (oo) of the Act as per which "retrenchment" means the termination by the employer of the service of a workman for 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 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.