TaxTMI 
TaxTMI 
TaxTMI 
2002 (7) TMI 840
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.... (fort short 'the ID Act')? The further question that arises for consideration in this connection is whether Section 2(oo)(bb) of the ID Act has any application in the case? 3. The factual matrix of the case relevant of considering the questions raised may be stated thus: 4. In the year 1993 the appellants have been entrusted with the responsibility of procuring wheat and supply the same to Haryana Warehousing Corporation. On account of non-availability of godowns heavy stock of grain had to be stored in the open area at Hasanpur Mandi. For watching and keeping care of the stock lying in the open are necessity of watchman/chowkidar was felt and sanction was sought by the District Manager of the appellant Society. The Managing Dire....
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.... with all the consequential benefits. 6. Reviewing the claim the appellant society pleaded the case that the workmen concerned were appointed on ad hoc basis for a specific purpose and for a specified period; as such their disengagement/termination of service after the stock of wheat lying in open area in the mandi was cleared and the period specified in the appointment order has expired, did not amount to termination within the meaning of Section 2(oo) of the ID Act, and therefore Section 25(f) of the Act was not applicable in the case. 7. Both the parties led oral and documentary evidence in support of their case. 8. The Labour Court on consideration of the evidence on record held that it is evident from Exh. MW 1/2 the order issued by....
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....n by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does not include-- (a) voluntary retirement of the workman; or (b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or (bb) termination of the service of the workman as a result of the non-renewal of the contract of employment between the employer and the workman concerned on this expiry or of such contract being terminated under a stipulation in that behalf contained therein; or (c) termination of the service of a workman on the ground of continued ill-heal....
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....;The definition is conclusive in the introduced in the Act by Act 43 of 1953 with effect from 24.10.1953. Clause (bb) was inserted in the definition by Act, 49 of 1984 with effect from 18.8.1984. The definition is conclusive in the sense the "retrenchment" has been defined to mean the termination of the service of a workman by the employer for any reason whatsoever. If the termination was by way of punishment as a consequence of disciplinary action, it would not amount to "retrenchment". Originally, there were two other exceptions, namely, (i) voluntary retirement of the workman and (ii) retirement of the workman on racing the age of superannuation if the contract of employment contained a stipulation to that effec....