Contract Labour Has Put A Case For Permancy - CiteHR
Saswatabanerjee
Partner - Risk Management
+2 Others

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Hello
I am a officer in an government organisation. There are some contract labour working in our organisation since 1 year. Now the contract has been closed because we have appointed a permanent employee in his place.
Contact labour was working for one year in one office only and he was doing the same job every day and he was reporting me directly and i was assigning him job everyday.
Contractor was not assigining any work him, only we directly giving him job assignments.
And now he has gone to labour court and filed a case against us for giving him permanent job.
So now what we have to do now.
Regards,
Satya
Malkangiri
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Hello Sathya
The contract worker is not prohibited from raising a dispute for permanancy in your department. You need to contest the contentions before the labour Court on the basis of evidence you have.
B.Saikumar
Mumbai
Dear Mr. Malkangiri
As per the ID Act of 1947 u/s. 25F and 25N, the employee who had rendered service for 240 days continuos by itself will not raise to claim for any permenancy. The service is infact said as REGULARISED but NOT PERMENANT. However, it is always good to take contract workers for 11 months in contract per se. In this regards you may have to try prove that he had worked with a break after very 3 months as a question for continuity in service would definitely work best.
The answer on this matter depends on a number of factors.
What is the work,he was doing ? If it is not a core job, and there was a contact license, he will find it difficult to get relief from the court. Additionally, the fact that the work was not perinial in nature and that it was replaced with a permanent post after a year works in your favour. You did not keep him in contract job for years and years, There is nothing in law that says that you have to absorb a contract worker or to prevent you from replacing him with someone who is better suited tothe job.
However, you need to have evidence to show that the contract was genuine and not a sham designed to deny the rights to the contract worker. You need to,speak to a good lawyer or,labour consultant to guide you on this.
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