According to the Allahabad High Court, seasonal or temporary employment does not constitute unfair labor practices.
Title:Manjeet Singh & Others. v. State of U.P. and Others
Decided on: 6th July, 2023
WRIT – C No. – 30049 of 2016
CORAM: Hon’ble Kshitij Shailendra,J.
Introduction.
It was noted that the circumstance calls for more workers during a brief seasonal surge in demand. It is challenging for the employer to produce new work when the project is finished or the season is over, allowing the employee to continue working. Additionally, temporary work creates jobs that benefit society as a whole. So, it is impossible to refer to such seasonal employment as “unfair labor practices”.
Analysis.
In their arguments before the High Court, the petitioner cited Shankar Bhimrao Kadam & Ors. v. Tata Motors Limited, in which the Bombay High Court declared the petitioners’ brief employment contracts (225 days, 236 days, 237 days, 238 days, etc.) to be “unfair labour practises.” It was noted that the High Court had rejected the argument of job necessity and the Supreme Court had rejected an appeal against it.
The High Court determined that the ruling in Shankar Bhimrao would not apply to this case because the Bombay High Court there was debating a case in which numerous workers had criticised the employer’s conduct. Furthermore, the appointment letters written to the workers were of a quite different type from the one submitted to the petitioner in the current instance. Even so, the Bombay High Court issued specific termination orders in the case at hand, whereas in this instance the petitioner’s services were terminated concurrently with the end of the appointment period and no termination letter was issued that could be considered a “retrenchment” under the law.
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Written by- Varada Hawaldar