There is a wrong impression which generally carried that if
an employee being appointed on basis of contractual employment and when said
employee’s terms and conditions are well drafted by using apt terminology reiterating
about time and again that said employee’s employment is purely contractual and
will automatically come to an end after the expiry of the stipulated period and
if such employee accept the same, it creates undisputable power in the hands of
the employer to renew or not to renew such contract of employment. To add,
there is also an impression carried that such employment are sanctified and not
subject to any judicial review or scrutiny.
But, if we look at section 2 (oo)(bb) of Industrial Dispute
Act 1947 with regard to our above discussion, for the purpose of availing
benefit of exception clause 2 (oo)(bb) of said Act, it is require to be demonstrated
that the work was only for stipulated period and has also come to an end along
with the services of contractual employee coming to an end.
However, if the employer resorts to contractual employment
as a devise to simply avoid the rigors of retrenchment; such contractual
employment will not be able to stand to the test of judicial enquiry.
This same issue has been discussed in one the case which been
decided in High Court of Mumbai (Bombay).
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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