Appointing on Fixed term repeatedly by separate orders after artificial breaks will not get protection of Sec. 2(oo)(bb): Gujarat HC

Appointing on Fixed term repeatedly by separate orders after artificial breaks will not get protection of Sec. 2(oo) (bb): Gujarat HC

Gujarat High Court in Jamnagar Municipal Corporation vs. Avdesh Kishor bhai Solanki SCA No. 10126/2018, on 5.7.22 reiterated that the practice of engaging workman by separate but consecutive appointment orders of short duration with a view to opposing workman’s claim about continuity in service by citing separate appointment orders giving artificial breaks between two phase of appointments is unjust and runs counter to the object of the provisions of the Industrial Disputes Act, 1947 (“ID Act”) and such practice cannot get protection of the principle of fixed term appointment recognised by Section 2(oo)(bb) of the ID Act.

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August 2022 Issue

HYBRID WORK MODEL - Aug. 2022

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