S.S. Sodhi, J. - (1.) THE matter here concerns the applicability of Clause (bb) of Section 2(oo) of the Industrial Disputes, Act, 1947 (hereinafter referred to as 'the Act').
(2.) THE Petitioners, in this bunch of writ petitions, were employed on, daily wages for fixed periods of time. They had all completed more than one years service before Clause (bb) of Section 2(OO) of the Act came on to the statute, book by the amending Act of 1984, which came into effect on August 18 1984. The appointments of the Petitioners being for fixed periods, which had come to an end by efflux of time the Labour Court held that the termination of their services fell within the purview of Clause (bb) of Section 2(oo) of the Act and it did not, therefore, amount to retrenchment and they were thus not entitled to the benefits of Section 25F of the Act.
(3.) IT was sought to be contended on behalf of the Petitioners that as they had completed one year's service before Clause (bb) of Section 2(oo) of the Act became law, the Petitioners had acquired a vested right in having applied to them the law date when they completed one year's service and therefore, the termination of their services amounted to retrenchment rendering them eligible to the benefits of the provisions of Section 25F of the Act. This is indeed a wholly untenable contention as to test the validity of the termination of the services of a workman, the law to be considered and applied is that in farce on the date of the termination and not on any date prior thereto. Admittedly, on the date when the services of the Petitioners were terminated Clause (bb) of Section 2(oo) of the Act was in force and is thus clearly applicable in the case of the Petitioners here.;