Monday, 20 July 2015

Repetitive appointments to employee whether allowed?

This question viz. "repetitive appointments to employee whether allowed under law?" has been discussed several occasion among individuals.

To answer this, it can state that by giving repetitive appointments to employee for shorter duration will deprive employee’s right as per section 25F of Industrial Dispute Act, 1947. To add up, as per the Fifth Schedule of the Industrial Dispute Act, 1947 it can also be called as unfair labour practice.

To give case reference for aforementioned topic we can cite one decided case of Supreme Court of India in which it has been held that where services of workman were terminated on regular basis and workman was repeatedly engaged on 89 days which ultimately was to defeat the rights available to workman under Section 25-F of the Act. Therefore, the aforesaid practice at the hands of the employer to employ the workman repeatedly after a notional break, clearly falls within the ambit and scope of unfair labour practice"

Hence, to sum up it can said that an employer cannot be allowed to give repetitive breaks which will cause complete unfairness to employee and which will differ from the requirements of law of retrenchment.

To get the supporting case law for this do write us on girishvivalkar979@gmail.com

Hope this small write up will give insight about pertained subject.

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