• Query regarding immediate termination

I am working for Govt. of India for the last 5 years. My department is under the control of health and family welfare ministry. This organization has two types of employees one is permanent and other one is contract. Contract period is one year after that the period will be renewed at regular intervals and there will be no break in this period. Salary will be consolidated and my salary not increase from last three years. we have raised our appeal to labour court and first date attempt on 29th Dec15 but our organization given termination letter on dated 31st Dec15 so please give your view on below points.  

1, In that case can we appeal for stay.
2, Is a contract employee got a permanent job in Govt. in this situation.
Asked in Labour from Delhi, Delhi
1) The Hon'ble Supreme Court has cleared this position in Uma devi case that any contractor employee  who has not been recruited through a normal general procedure even if he completes 240 days or more, he cannot seek permanency

2) you cannot claim permanent govt job . your appointment letter must have contained the  the express condition, inter alia, therein that on expiry of contract such contract be renewed but such engagement will not be regularised in future in any manner whatsoever 

3) you can seek stay of your termination but chances of success are bleak 

Ajay Sethi
Advocate, Mumbai
28387 Answers
1541 Consultations

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Since your services have been terminated the order of termination can be challenged before the High Court or the Labour court on the ground that the termination is illegal and arbitrary. Stay can be sought and granted. It is trite law that contractual employees cannot claim regularization in the absence of a contract to the contrary.
Ashish Davessar
Advocate, Jaipur
19897 Answers
518 Consultations

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