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| SOME ONE CAN PLEASE HELP ON COMPLETION OF 240 DAYS OF CONTINIOUS EMPLOYMENT UNDER TEMPORARY EMPLOYMENT, A PERSON CAN CLAIM PERMANENT EMPLOYMENT. IN THE CASE OF ANY CONTRACT CAN A PERSON CLAIM ANY RIGHT OF PERMANENT EMPLOYMENT IF THE CONTRACUAL PERIOD IS 240 DAYS OR MORE ? IF YES WHAT IS THE ALTERNATE? IF NO WHAT SHOULD THE CLAUSE OF THE CONTRACT REFRAINING THE CLAIM AS SAID ABOVE? SIDDHESH Dear If a workman has completed 240 days ina year (from the date of joining till the date of termination)it is upon the workman to prove before the Labour Court that he had worked for 240 days and once it is proved by the court, it will be vilation of section 25F i.e. retrenchment wihtout compensation and reinstatmenet with back wages can be granted. The other part if he is appointed for a fixed period may be 365 days and the letter is given to him and accepted by him than it will not amount to retrenchment and no benefit from the labour court can be drived by him ak malhotra rajanassociates Contributing Member - Member Since: Oct 2008 Subject - Re: Industrial Disputes Act of 1947 Dear All It is all a matter of opinion till it is tested in Labour Courts.The exception in " retrenchment" defention is the saving for many of these opinions.The recent happenings on the murder of CEO of an Italian Company is as a reult of half baked opinions on " Hire & Fire" in the Indian Context.Pls refer we are still a Welfare State. With Regards V.Sounder Rajan VS Rajan Associates, Advocates & Notaries, No.27, Ist Floor, Singapore Plaza, No.164, Linghi Chetty Street, Chennai - 600 001. E-mail : Off : 044-42620864, 044-65874684, Mobile : 98401 42164. dear i too agree with mr rajan and the opinion given by mr malhotra may be correct but it is not yet tested in court of law . than what is limit for permanancy and if i issue fixed term appointment to a worker for four years than it means it will not be violation of section 25 F if we terminate him after four years. i would like to share one more thing which i know that most of state does not have provision of fixed term appointment and if we appoint a person there ,the condition of appointment itself is invalid. tks j s malik jitendersyadav Contributing Member - Member Since: Sep 2008 Subject - Re: Industrial Disputes Act of 1947 could you provide the judgement copy for our perusal. Rgds/Jitender    
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