• Job future

I am contractual employee of central govt. autonomous body, i have no agreement for contractual job, as per their requirement, they appoint me by a note sheet, It is new Institute , all the contractual employee , treated their as long service employee, and get permanent post ,i am just getting extensions my in every year , there are no increment received since three years, i am giving service , doing accounts and taxation work, since 2013 february , but they not consider me, due political and internal reasons. In recent proposal of central govt. can i get permanent post , against my job.
Asked 7 years ago in Labour

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3 Answers

When a person enters a temporary employment or gets engagement as a contractual or casual worker and the engagement is not based on a proper selection as recognised by the relevant rules or procedure, he is aware of the consequences of the appointment being temporary, casual or contractual in nature. Such a person cannot invoke the

theory of legitimate expectation for being confirmed in the post when an appointment to the post could be made only by following a proper procedure for selection and in cases concerned, in consultation with the Public Service Commission.

Therefore, the theory of legitimate expectation cannot be successfully advanced by temporary, contractual or casual employees. It cannot also be held that the State has held out any promise while engaging these persons either to continue them where they are or to make them permanent. The State cannot constitutionally make such a promise. It is also obvious that the theory cannot be invoked to seek a positive relief of being made permanent in the post.

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

1. The job contract if any needs to bes een.

2. The employment with long period of time can give right to the employee for confirmation of the job.

3. If you bring the papers I may help you further.

4. the high court n certain circumstances intervene in such cases and conform the job.

5. Feel free to contact me at [deleted].

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Contractual employee can be converted to permanent employees as per contract labor regulations and abolition act.If government make notification that this type of job cannot be done by contract labor than the employees can be converted to contract labor to permanent employees. or any where work is done by permanent employees and they take work from contract labor than also he can be converted to permanent employees.

However, In the contract labour regulation & abolition act, 1970 no where it is mentioned that consequent to abolition of engagement of contract labour in a specific area of work or prohibition of engagement of contract labour in certain areas of work,the contract labour are converted as permanent employee, even though the notification is given by the government to the effect that engagement is prohibited or abolished.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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