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    <title>2006 (5) TMI 443 - Supreme Court</title>
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    <description>Repeated 89-day appointments with one- or two-day breaks were treated as a colourable device to defeat statutory protection, so the fixed-term exception under Section 2(oo)(bb) did not apply and compliance with Section 25-F remained necessary. On the facts, termination was not sustained as a genuine expiry of a fixed-term contract. However, relief in industrial adjudication was moulded to the circumstances: because the workman had been out of service for years, had not pursued regular appointment when available, and had remained absent for substantial periods, reinstatement with full back wages was replaced by compensation. The workman&#039;s challenge succeeded on legality, but relief was confined to monetary compensation.</description>
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      <description>Repeated 89-day appointments with one- or two-day breaks were treated as a colourable device to defeat statutory protection, so the fixed-term exception under Section 2(oo)(bb) did not apply and compliance with Section 25-F remained necessary. On the facts, termination was not sustained as a genuine expiry of a fixed-term contract. However, relief in industrial adjudication was moulded to the circumstances: because the workman had been out of service for years, had not pursued regular appointment when available, and had remained absent for substantial periods, reinstatement with full back wages was replaced by compensation. The workman&#039;s challenge succeeded on legality, but relief was confined to monetary compensation.</description>
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