Termination Of Temporary Employment Does Not Amount To Retrenchment Or Unfair Labour Practice

Posted On - 26 August, 2023 • By - King Stubb & Kasiva

The Allahabad High Court[1] has held that temporary employment of a worker by an employer is not an unfair labour practice under the Industrial Disputes Act, 1947. The court observed that the worker had failed to prove that he had worked continuously and without any break for the required period. The court held that temporary/seasonal employees have no right to be absorbed or regularized unless there is a specific statutory provision or scheme to that effect. The court held that the services of the petitioner were co-terminus with the end of the period stipulated in the appointment letter and no termination letter was issued which could fall within the definition of “retrenchment”.

[1] WRIT – C No. – 30049 of 2016