Service of part time employees are protected under the Industrial Disputes Act, 1947

The Supreme Court in New India Assurance Co. Ltd. versus A. Sankaralingam has clarified that not only full time workers but even those working part time are covered within the purview of the Industrial Disputes Act, 1947 (The Act). Accordingly, Section 2(S) of the Act should be read as, every person employed in an establishment for hire or reward to do any manual, clerical, skilled, unskilled, technical, operational or supervisory work including part time employees, will be workman under the Act.

Thus, persons employed on a part time basis under the control and supervision of an employer can claim benefit of continuous service. Also, they can challenge their dismissal, if their services have been terminated without fulfilling the mandatory provisions provided under Section 25F of the Act. If any such retrenchment is affected without fulfilling such provisions, it will be treated as illegal.

 

Source: New India Assurance Co. Ltd. versus A. Sankaralingam, (2008) 10 SCC 698

 

Also Check: Other Legal Aspects

 

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