Fixed-term employment and retrenchment law: contract expiry alone did not justify reinstatement or full back wages.

A fixed-term temporary appointment ending on expiry of the contract does not, by itself, amount to retrenchment or justify reinstatement with full back wages. Section 25-H of the Industrial Disputes Act, 1947 was held inapplicable where the termination was strictly in accordance with the employment contract, and unfair labour practice could not be inferred merely from a later engagement of another worker without material showing successive temporary appointments to deny permanent status. Relief under Section 11-A is discretionary and depends on a legally sustainable finding of illegal termination, which was absent.

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Issues: Whether a workman appointed for a fixed period of 88 days could claim reinstatement with full back wages on the basis of alleged unfair labour practice and non-compliance with retrenchment requirements.

Analysis: The appointment was for a fixed tenure and the termination was in accordance with the contract of employment. In such a case, Section 25-H of the Industrial Disputes Act, 1947 was not attracted, and the Labour Court had no basis to treat the termination as retrenchment on proof of unfair labour practice. Unfair labour practice cannot be inferred merely because a temporary engagement ends and another person is later engaged; there must be material showing successive temporary appointments over years with the object of denying permanent status. The workman had worked only for 88 days, was not entitled to permanent status, and the High Court could not sustain reinstatement and full back wages merely on sympathetic considerations. Relief under Section 11-A of the Industrial Disputes Act, 1947 is discretionary and must be founded on a legally sustainable finding of illegal termination, which was absent here.

Conclusion: The award of reinstatement and back wages was unsustainable, and the employee was not entitled to the claimed relief.

Ratio Decidendi: A fixed-term temporary appointment ending on expiry of the contract does not, proof of a legally established unfair labour practice or illegal termination, justify reinstatement, permanent status, or automatic back wages.

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