Implications of Employment of Personnel on Fixed Term Contract

Mondaq Business BriefingIndia Law Articles in English (2002)

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Implications of Employment of Personnel on Fixed Term Contract

VIEWS OF THE SUPREME COURT & COURTS BELOW Introduction :

In the year 1984 a new clause was added to the definition of retrenchment u/s 2(oo) namely sub sec. (bb) of the Industrial Disputes Act, 1947 which reads as under :

"Termination of service of the workman as a result of the non-renewal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein" ........ does not amount to retrenchment.

With the protection of the above amended clause the emp...

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