Contractual Employee - CiteHR
Umakanthan53
Labour Law & Hr Consultant
Madhu.T.K
Industrial Relations And Labour Laws
Tushar.swar
Manager - Human Resource
Essykkr
Statutory Complaince/labour & Employment
+1 Other

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Sir, I am working in Delhi Knowledge Development Foundation , Society registered under Societies Registration Act of XXI, 1860)
(Registration No.S/61569/2008)under Department of Training and Technical Education , Delhi
I am working as an Executive Assistant on contractual basis since jan 2009 without any break . Initially my salary was consolidated Rs. 10,000/- and now it enhanced to Rs. 18,000/-.
Sir its been five years , now i wants a proper pay scale can I give the representation to the President of Society in this matter?
and please let me know that is there any chances of being regularize on the same post in future if i can take any legal step.?

Dear Ritu,

This is not happening first time in your case, now a days its got the practise/ habit to most of orgnisation to go for contract staffs. still company are not understand the aim of introduction of contract labour act. 1971. actually contract staffs only permitted for incidental works, depend on no. of direct employement, nature work etc.

as your name of work is not incident & without any break. so, it show that, the nature work is permenant, eventhough, it is perform by contractually, so, it against the law. it is sham of contract & exploitation of employee.

Even i seen that, many ALCs (Asst. Labour Commissioner) are rejected the RC (Registration Certificate) application on same ground.

as well as, There was one judgement pass by court on the case, that one cleark was employed more than 10yrs on contract at one of university in india & he fought case in court & he win the case.

for more clearity, please refere the sec.10, clause, 2. Prohibition of employment of contract labour.- :-

Before issuing any notification under sub-section (1) in relation to an

establishment, the appropriate Government shall have regard to the conditions of work

and benefits provided for the contract labour in that establishment and other relevant

factors, such as--

(a) whether the process, operation or other work is incidental to, or

necessary for the industry, trade, business, manufacture or occupation that is

carried on in the establishment:

(b) whether it is of perennial nature, that is to say, it is of sufficient duration

having regard to the nature of industry, trade, business, manufacture or

occupation carried on in that establishment;

(c) whether it is done ordinarily through regular workmen in that establishment or

an establishment similar thereto;

(d) whether it is sufficient to employ considerable number of whole-time

workmen.

Regards,

Tushar Swar

I think Ritu's case is different from engagement through a contractor but direct employment for a fixed term (FTC). If I am right you are on fixed term contract, unfortunately without any term specified in the contract of employment.

The basic problem with regard to such kinds of appointment is that the employee should not have gone through the usual recruitment processes, like applying for the job, attending an interview, getting appointment order, carrying out the joining and induction formalities etc. In many cases, the Courts including the Apex Court have said that those employees who were given employment without following the above recruitment procedures, will not get regularisation, and if their services are terminated, the maximum they can demand is the retrenchment compensation of 15 days pay for every completed service and nothing like reinstatement or regularisation of service. Therefore, in the present case also, besides a couple of increments and role changes, if the actual/ original appointment was not proper you will be confined to the status of casual employee only who seldom gets regularised.

On the other hand, if you had undergone the usual procedures of recruitment by the organisation, you can hope to get regularised.

Regards,

Madhu.T.K

In my case, with reference to the daily newspaper I was applied to the Aids Control Society for the post of Executive Assistant. The organization in which I am currently working i.e., DKDF which is also a registered society under Department of Training and Technical Education , has collects the data from Aids Control Society and call me for interview, In Interview there are approx ten members and the proper interview was held along with typing test and skill test , after interview process i was selected and an appointment letter for the contract employment of six months was issued . I was also given the joining report there , after six months my contract was renewed for another six months with the approval of competent authority and so on . Now its been five years m working there without any break. So the complete briefing of the case is mentioned above so please tel me that is there any chance of being regularize if i can take any legal help.
Though Madhu has clearly pointed out that there is catina of judgements by Apex Court on same line, which termed it as backdoor entery to the service without following proper process of rectruitment. however it seems the basic formalities were done in your case, you can try, however would be better to consult a lawyer before doing so.
It is case of regular recruitment and not a casual one and therefore, the post should be regularised. Please go through the bye of the society and take a decision. Madhu.T.K
Dear Ritu,

I am in complete agreement with the views of Mr.T.K.Madhu. Normally, Institutes established by the Central/State Governments for the special purpose of creating awareness through effective propagation are manned by people with high academic qualifictions in the concerned subject-matter. Though such institutes are left to the administrative control of a particular ministry, in order to ensure flexibility in their day to day functions, they are formed as independent societies under the Societies Registration Act.How ever as rightly pointed out by Madhu, they are governed by their by-laws which would certainly contain specific articles as to the number of posts to be created, sources of recruitment and modes of appointment, confirmation of the incumbents initially appointed and so on.I do hope that there will be a Governing Committee of the Institute and its recommendations are normally accepted by the Government. If your initial appointment is well within the norms stipulated in the bye-laws and you do have a consistent positive performance appraisal, you can make a representation for your confirmation to the Governing Committee through your Head of the Institute. If it is not fruitful, then you can think of legal remedy based on merits.

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