MUNICIPAL COUNCIL, SAMRALA versus SUKHWINDER KAUR

Citation: [2006] SUPP. 4 S.C.R. 381 · Decided: 08-08-2006 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Disposed off

Judgment (excerpt)

• 
MUNICIPAL COUNCIL, SAMRALA 
A 
v. 
SUKHWJNDER KAUR 
AUGUST 8, 2006 
[S.B. SINHA AND DAL VEER BHANDARl, JJ.] 
B 
Industrial Disputes Act, 1947-Sections 2(oo)(bb) and 25F-Appointment 
with power to dismiss without any notice-Termination of employee without 
complying with Section 25F-Validity of-Held-Termination valid-Section C 
2(oo)(bb) of the Act attracted-Employee was aware that her services could 
be terminated without notice and accepted terms and conditions of offer of 
appointments without any demur. 
Respondent was appointed as clerk by appellant, a municipal council, 
vide an office order which inter alia stated that her appointment was on D 
contract hasis, purely temporary and Executive Officer had the powers 
to dismiss her without issuing any notice. On similar terms, she worked 
for different periods. On her services being terminated, an industrial 
dispute was raised. Labour Court held that her termination was not in 
conformity with the provisions of Section 25-F of the Industrial Disputes 
act, 1947 and directed her reinstatement with continuity of service and E 
back wages. Writ petition of appellant against this before High Court was 
dismissed rejecting their contention that the termination of the respondent 
was in accordance with Section 2( oo )(bb) of the Act and provisions of 
Section 25-F. thereof were not attracted. Hence the present appeal. 
Disposing of the appeal, the court 
HELD: I. Section 2 (oo)(bb) of the Industrial Disputes Act is 
attracted to\the facts and circumstances of this case. 1384-El 
F 
2. The respondent, within a span of about 18 months, was appointed G 
thrice and disengaged thrice. She was appointed on a contractual hasis. 
The appointments were temporary ones. She was aware that her service 
could be terminated without notice. She accepted the terms and conditions 
of the said offers of appointments without any demur. 1384-A-BJ 
381 
H 
382 
SUPREME COURT REPORTS [:.1006] SUPP. 4 S.C.R. 
A 
Municipal Council, Samra/a v. Raj Kumar, 120061 3 SCC 81 and 
B 
Haryana State Agricultural Marketing Board v. Subhash Chand and Anr., 
(2006) 2 SCALE, 614, relied on. 
S. M. Nilajkar and Ors. v. Telecom District Manager, Karnataka, (2003] 
4 sec 27, referred to. 
3. There was no fixed period of contract of employment between the 
employer and the workman concerned and thus, there is no question of 
its renewal on its expiry. ]384-D-El 
4. The High Court did not consider the question as to whtther the 
C appellant had any vacancy in respect of the post. (386-Hl 
D 
E 
State of MP. and Ors. v. Arjun/al Rajak, (2006) 2 SCALE 610, Nagar 
Mahapalika (Now Municipal Corpn.) v. State of U.P. and Ors., (2006) S 
SCALE 145 and Haryana State Electronics Development Corporation Ltd. 
v. Mammi, (2006) S SCALE 164, referred to. 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3416 of2006. 
From the Judgment and Order dated 1.9.2003 of the High Court of 
Punjab and Haryana at Chandigarh in Civil Writ Petition No. I 03 I 7 /2003 
and dated 9.7.2004 in Review Application No. 6/2004. 
Ajay Majithia, Rajesh Kur.iar and Dr. Kailash Chand for the Appellant. 
S.K. Bansal, Savitri Bansal and Goodwill lndeevar for the Respondent. 
The Judgment of the Court was delivered by 
F 
S.B. SINHA, J. Leave granted. 
G 
The appellant is a municipal council. The respondent was engaged on 
a contractual basis at a fixed pay of Rs. I 000/- per month by an Office Order 
dated 6.11.1995. She worked for a period from 8.11.1995 to 17.6.1996. The 
said Office Order dated 6. I I. I 995 reads as under : 
"Office of the Nagar Council, Samrala (Ludhiana) 
MUNICIPAL COUNCIL, SAMRALA v. SUKHWINDER KAUR [SINHA, J.) 3 83 
No. 588 
Dated : 06.11.1995 
A 
Office Order No. 
On dated 6.11.1995 vide order dated 6.11.1995 you are appointed 
as clerk on the contract basis at the fixed rate of Rs. I 000/- per month 
as per the directions of the Government, it is purely temporary B 
appointment. No one will force against this post. Executive Officer 
has the powers to dismiss you without issuing any notice. All the 
tenns and conditions issued by the office will be accepted by you. 
Sd/- Executive Officer 
Nagar Council, Samrala" C 
She again worked under an offer of appointment on a contractual basis 
in tenns of an office order dated 20.6.1996. For the period between 3.9.1996 
and 23.5.1997 she furthennore worked on similar tenns and conditions in 
tenns of an offer of appointment dated 20.10.1996. On her services being 
tenninated, an 

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