i am working in a university for past 8 years on contract basis on consolidated salary. My contract is renewed every six months but it is with out any break.
So i want to know whether there are any rules/laws under which i can be regularised?
secondly three years back govt. has sactioned/approved/ created some post on same job, still i have been on contract, without any changes in my salary as approval by govt.
so by any laws can i fight in the court?
pls help.
From India, Pune
2So i want to know whether there are any rules/laws under which i can be regularised?
secondly three years back govt. has sactioned/approved/ created some post on same job, still i have been on contract, without any changes in my salary as approval by govt.
so by any laws can i fight in the court?
pls help.
From India, Pune
Hi,
There are clear cases where various high courts and even supreme court of India has given milestone judgments on this issue. Such services without break and long contract like yours can be very well regularised. The very fact that you have been hired on this position for 8 years is enough to prove that the nature of the job is not one time nor temporary nor for a fixed time contract.
Kindly contact a good leagl professional at your place and show him/ her all the contract copies that have been reviewed from time to time. (You should be keeping one copy with you also incase if it is required t produce the originals for court).
This is a clear case where you can win.
Kind regards
Dayanand L Guddin
HR Advisor
Bobst India
Pune
From Singapore, Singapore
There are clear cases where various high courts and even supreme court of India has given milestone judgments on this issue. Such services without break and long contract like yours can be very well regularised. The very fact that you have been hired on this position for 8 years is enough to prove that the nature of the job is not one time nor temporary nor for a fixed time contract.
Kindly contact a good leagl professional at your place and show him/ her all the contract copies that have been reviewed from time to time. (You should be keeping one copy with you also incase if it is required t produce the originals for court).
This is a clear case where you can win.
Kind regards
Dayanand L Guddin
HR Advisor
Bobst India
Pune
From Singapore, Singapore
thank you sir for your support.
Can you please list the such judgements have been given.
Secondly, as i had mentioned earlier that some posts have been sanctioned & were vacant, these posts were advertised again on contract basis. As i posses the requisite qualification & experienced , i applied, interviewed and selected(+ passed medical).
Now iam on contract basis, on vacant post for nearly 2 1/2 years. that too without any break of single day. So total, from 2002 to 2010 and 2010 to 2013 (on vacant post). i.e. almost 11 years.
i am selected through proper recruitment process following the RR for the post.
i have required qualification & experience.
i fit in age limit too.
I have sent several representations for my regularization of services, but they are pending with the authorities.
So is it advisable to go in court to get justice.
thank you.
From India, Pune
Can you please list the such judgements have been given.
Secondly, as i had mentioned earlier that some posts have been sanctioned & were vacant, these posts were advertised again on contract basis. As i posses the requisite qualification & experienced , i applied, interviewed and selected(+ passed medical).
Now iam on contract basis, on vacant post for nearly 2 1/2 years. that too without any break of single day. So total, from 2002 to 2010 and 2010 to 2013 (on vacant post). i.e. almost 11 years.
i am selected through proper recruitment process following the RR for the post.
i have required qualification & experience.
i fit in age limit too.
I have sent several representations for my regularization of services, but they are pending with the authorities.
So is it advisable to go in court to get justice.
thank you.
From India, Pune
Dayanand L Guddin
HR Advisor
Bobst India
Pune
Dear sir/friend
I m a employee on post of Data Entry Operator of Autonomous Education Institute (Govt) since 6 years on contract bases (initial for two year) and then extended year by year on a fixed amount just above the minimum wages.
I want to clear that, i join this job by proper way, like Open Advertisement, Written test, Interview and then selection on merit,
Now my first employer is expelling me, after six year of service, when i join the job, i was not known of difference of Contract and permanent employee, because in that time, govt of state also hiring employee in such a way and make them regularize also.
but now, i every thing is dark and dark infront of my eyes, i not know what i do, where i and my family will go, is it my fault, if employer has advertise the post on Contract basis even post is sanctioned post and i have cleared all stages in same way as regular employee pass on.
Is There is only fault of employee only, no fault of the institution, if they have permanent post in the budgets, how institute can hire contract employment, no bargaining of Salary, terms conditions made by them, every terms and condition they frame.
we give 6 valuable years of our life just for few coins, and now Institute is showing it's mean, or can say it as, When Institute was need of me, he use like toilet paper and now he is throwing us.
Can i fight for regularization
Can I fight for Survial of me and my family
Will Law of India help us, i ask because, i m already get breakup, we work hard alot here, They exploit us by his own way, and gives little coin in name of fixed salary like a rich man throws coin to beggar.
please friend help me
From India, Amritsar
HR Advisor
Bobst India
Pune
Dear sir/friend
I m a employee on post of Data Entry Operator of Autonomous Education Institute (Govt) since 6 years on contract bases (initial for two year) and then extended year by year on a fixed amount just above the minimum wages.
I want to clear that, i join this job by proper way, like Open Advertisement, Written test, Interview and then selection on merit,
Now my first employer is expelling me, after six year of service, when i join the job, i was not known of difference of Contract and permanent employee, because in that time, govt of state also hiring employee in such a way and make them regularize also.
but now, i every thing is dark and dark infront of my eyes, i not know what i do, where i and my family will go, is it my fault, if employer has advertise the post on Contract basis even post is sanctioned post and i have cleared all stages in same way as regular employee pass on.
Is There is only fault of employee only, no fault of the institution, if they have permanent post in the budgets, how institute can hire contract employment, no bargaining of Salary, terms conditions made by them, every terms and condition they frame.
we give 6 valuable years of our life just for few coins, and now Institute is showing it's mean, or can say it as, When Institute was need of me, he use like toilet paper and now he is throwing us.
Can i fight for regularization
Can I fight for Survial of me and my family
Will Law of India help us, i ask because, i m already get breakup, we work hard alot here, They exploit us by his own way, and gives little coin in name of fixed salary like a rich man throws coin to beggar.
please friend help me
From India, Amritsar
I am working on contract job continue from 7-8 years in a PSU.
Under the regularization process of company I have cleared the written test and interview. I was weighting for result but the company terminated me without assigning any regions. is any possibilities for regularization. have you any judgement copy related with my case.
Thanks you
From India, Gurgaon
Under the regularization process of company I have cleared the written test and interview. I was weighting for result but the company terminated me without assigning any regions. is any possibilities for regularization. have you any judgement copy related with my case.
Thanks you
From India, Gurgaon
1. Sir,in one of the leading case titled: The State of Karnataka -vs- Uma Devi & Others, the Hon'ble Supreme Court had held "There is no fundamental
right in those who have been employed on daily wages or temporarily or on contractual basis, to claim that they have a right to be absorbed in service.
As has been held by this Court, they cannot be said to be holders of a post, since, a regular appointment could be made only by making appointments
consistent with the requirements of Articles 14 and 16 of the Constitution."
2. The copy of the said judgment is attached herewith for your information. There appears to be very less chances of regularisation of services in view of said judgment. However, in my opinion, you can request your organisation to regularise your services for which examination was held as reported by you.
From India, Noida
right in those who have been employed on daily wages or temporarily or on contractual basis, to claim that they have a right to be absorbed in service.
As has been held by this Court, they cannot be said to be holders of a post, since, a regular appointment could be made only by making appointments
consistent with the requirements of Articles 14 and 16 of the Constitution."
2. The copy of the said judgment is attached herewith for your information. There appears to be very less chances of regularisation of services in view of said judgment. However, in my opinion, you can request your organisation to regularise your services for which examination was held as reported by you.
From India, Noida
Respected Honorable,
I m an employee on post of Lecturer in a Private Education foundation for 13 months on contract bases (initially for one year).
I did not get any Earn leave or Medical leave, but only 12 casual leaves in last year. But I was promised that when I complete 12 months, i can enjoy those, ie, will get my due 10+10 (CL & ML) in next year.
Now my employer is neither giving me confirmation, which I am due to get after 12 months (and saying I will get that after 3 months) nor giving me my earned leaves.
Within a week i'll get salary of 13th month, but my question is what legal steps I can take against the employer as my due leaves are not being given to me showing I do not have any confirmation letter yet, but sadly nobody in my department has the Confirmation letter either. Will wait for your kind reply.
Thanking you
Joy
From India, Santipur
I m an employee on post of Lecturer in a Private Education foundation for 13 months on contract bases (initially for one year).
I did not get any Earn leave or Medical leave, but only 12 casual leaves in last year. But I was promised that when I complete 12 months, i can enjoy those, ie, will get my due 10+10 (CL & ML) in next year.
Now my employer is neither giving me confirmation, which I am due to get after 12 months (and saying I will get that after 3 months) nor giving me my earned leaves.
Within a week i'll get salary of 13th month, but my question is what legal steps I can take against the employer as my due leaves are not being given to me showing I do not have any confirmation letter yet, but sadly nobody in my department has the Confirmation letter either. Will wait for your kind reply.
Thanking you
Joy
From India, Santipur
Respected Honorable,
i am working in a Central Govt. Institution from Sep/2006 on contract/outsourcing basis on verbal contract order (without any gap/break). I got my salary through Departmental Cheque.
My qualification is B.Com(Hons)+computer applications and i am belongs from SC community.
That Sir, there is any scope to regular my service??
From India, Delhi
i am working in a Central Govt. Institution from Sep/2006 on contract/outsourcing basis on verbal contract order (without any gap/break). I got my salary through Departmental Cheque.
My qualification is B.Com(Hons)+computer applications and i am belongs from SC community.
That Sir, there is any scope to regular my service??
From India, Delhi
I am working with Public sector undertaking company since 2007 as a contract basis .my contract is renewed every year with break of 10 days. Now govt. of India announce closer of my company and give packages of some rupees for employees dues.
what is act or rule for contract employee
From India, Kota
what is act or rule for contract employee
From India, Kota
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