Although trainees continue through interim order they are not entitled to be regularized

M.D. Hindustan Photo Films and Another


H.B. Vinoba and Others

Facts of the Case:
Respondents Mr. H.B. Vinoba and Others were appointed by the appellants as trainees of fixed salary for a particular period of time. After the expiry of that period, services of the respondents were directed to be continued due to an interim order.

Appellant company was thereafter declared as a sick company and was unable to compete in the market though not liquidated. Owing to the same facts services of the respondents were terminated. The respondents thereby filed a writ application before the Madras High Court claiming that as their services were directed to be continued through an interim order and hence they stand to be regularized as regular employees of the appellant. The Madras High Court ruled in favour of the respondents and directed their reinstatement in the company.

The appellants aggrieved by the order of Madras High Court filed an appeal which was dismissed by the division bench of the High Court. Thereby the Appellant approached the Supreme Court questioning the order of the High court.

The Supreme Court here ruled that the services of the respondents were directed to be continued merely because of an interim order. It cannot serve as a basis to assert that they should be regularized as regular employees. It also ruled that there will be no illegality in termination of the trainee when they were engaged only for a specific period of time and their job was continued only because of an interim order. Thus, the appeal was allowed and termination was reinstated without any order as far as costs were concerned.


Source: Labour Law Reporter, pg. no. 787, Supreme Court of India, July 2009


Also Check: Other Legal Aspects


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