Harsh Kumar Mehta
Consultant In Labour Laws/hr
Sushilkluthra@gmail.com
Consultant In Legal Matters
+1 Other

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I am working as 'adhoc' assistant professor in an autonomous institute under Govt of India for the last 3 years. The contract is for a 6 month period and close to the end of each 6month period, the employer instructs me to give a request for extension of contract. Based on this letter, the contract is renewed. This practice has been on for the last 3 years without a break in between contracts. The salary paid is a consolidated amount. No pension or PF benefits. Number of leaves: 15 days for every 6 months.

My queries are:

1. Is there any possibility to seek regularisation as I have been working continuously without break between the contracts?

2. Although my work is no different from a regular employee, I am getting a lesser pay, with no added benefits, is there a scope for approaching the CAT or litigation as I feel myself being exploited?

3. The leave available at the end of a contract was carried over to the renewed contract for the first three contracts. Now, the employer says that there is no provision for carrying over the leave of a contract employee. He also says that the leave is unclassified (not casual/ earned/ medical) and hence cannot be encashed. Is this true?

4. Are there any rules pertaining to the employment of adhoc teaching staff in national institutes like IIT/ AIIMS and the rights of such employees?

Dear Jagdeesh,
With reference to queries 1 and 2, It is very important to know whether your selection was done as per normal recruitment process adopted for a regular appointee. If not then as per the decision of Apex court in Uma Devi case by Constitution Bench, law of the land does not allow you to be regularized as that will violate article 14 of the Constitution of India.Regarding Now.3 and 4, pl refer to respective rules of the organizations. But as regards no.4, the said decision of Uma Devi also applies.
Thanks
Sushil

1. Sir, Sh. Sushil has rightly mentioned the correct legal position in his remarks as above.
2. In my opinion, you can continue making efforts for appointment/selection through open advertisements, competitive examinations etc. on the basis of applicable recruitment rules of the government/PSUs. Sir, wish you success in the matter.
3. However, a copy of the judgment of the hon'ble Supreme Court of India in the case of State of Rajasthan -vs- Uma Devi & Others as referred by Sh. Sushil above is enclosed as attachment.


Attached Files
File Type: pdf State of Karnataka-vs- Uma Devi & Othrs SC 2006.pdf (90.2 KB, 155 views)

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