Manager, Jayabharath Printers And ... vs Labour Court And Anr. on 3 February, 2000
In case of Jayabharat Printers & Publishers Private Limited v. Labour Court, Kozhikode & Ors, reported in 1994 (2) LLJ 373, the Kerala High Court has considered the very same provision while considering the reported decision of the Bombay High Court in the matter of Dilip Hanumantrai (supra) and has observed that, 'the nature of employment must be judged by the nature of duties performed and not on the letter issued by the employer, if contractual employment is resorted to as a mechanism to frustrate the claim of the employee to become regular or permanent against a job which continues or the nature of duties are such that the colour of the contractual employment is given to take it out from Section 2(oo) then such an agreement cannot be recorded as a fair or bona fide and Section 2(oo)(bb) cannot be extended to such cases where the job continues and the employee's work is also satisfactory but periodical renewals are made to avoid regular status to the employee.