Engaging Casuals after breaks and removing them on Union Formation-Is it valid practice?

 

No! Such practice of giving repeated breaks and engaging casuals again and again to avoid their permanency is a clear case of Unfair Labour Practice. Termination of such casuals will amount to retrenchment and if not executed by complying relevant provisions of the Industrial Disputes Act, 1947, it is bound to be declared illegal and such casuals in all probabilities will be awarded reinstatement. In the case of Haryana State Electronics Development Corporation vs. Mamni, it was held that where services of a workman (Junior Technician) was terminated on regular basis and on each occasion she was appointed for 89 days after a gap of 2-3 days and completed 240 days in a year, such termination will be retrenchment.

Such action of the employer will amount to Unfair Labour Practice. In this case employer can not take benefit of section 2(oo) (bb) of the Industrial Disputes Act, 1947 which states that termination of the service of the workman as a result of the non-renewal of concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein…….” is not Retrenchment u/s 2(oo) of the ID Act.

 

by Dayanand Mangaonkar