Practice of fixed term appointment with consecutive renewals is not recognised by clause (bb) of Section 2(oo) of the Industrial Disputes Act 1947./ – Gujarat HC

August 1, 2022

In such arrangement, the appointment which, in reality and in actual effect, is continuous, is artificially interjected by such facade or smoke screen of separate orders despite the fact that the work, for which the person is engaged, continues and the need for engaging the workman also continues. Such action of engaging the workman in such manner and then abruptly discontinuing the person, would not fall within the purview of clause (bb) of Section 2(oo) and such practice cannot get protection of the principle of fixed term appointment recognised by clause (bb) of Section 2(oo).

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