Lawfulness of Contractual employment
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 em...
