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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