Regularization of contractual service
My wife is working on yearly contract basis in NDMC for last 7 years.
34 out 41 contract were regularized 1.5 years back basis a policy which regularize employee in NDMC time to time basis. please advice if she can go to court for regularizing her service
Asked in Labour from New Delhi, Delhi
1) New Delhi Municipal Council is considering the regularisation of around 7,000 contractual workers and is in the process of studying its modalities.
2) your wife should wait for her employment to be regularised
3) going to court should be the last resort
4) yiur wife can go to court if services of other employees are regularised and she is discriminated against
yes she can if there is a policy already in place and other people where beneficiaries of it.
your wife should approach high court for an order and direction against NDMC.
Get an advocate and file writ in the high court.
Is your wife similarly placed as the other employees whose contract was regularized?
If your wife is in the list of the balance 7 contracts of employees to be absorbed as regular employee or regularise their employment, you may advise your wife to wait and watch the developments.
She can raise her rights if she has been left out to suffer discrimination at the end.
Approaching court or with any legal action so soon may jeopardize her efforts and wait.
if there is parity in nature of work with the employee who have regularized you can file a writ under article 226 of Indian constitution
according to article 14/16/21 of the indian constitution government cannot differentiate among same class of person.