Tajsateesh
Recruitment/talent Acquisition, Career Counselling
Sushilkluthra@gmail.com
Consultant In Legal Matters
+3 Others

Thread Started by #makhan dutt

Is there any limited period to engage a person in contractual basis by PSU in managerial positio or can continue renewing contract till they want?
11th June 2015 From India, Kolkata
If a person engaged by PSU on contractual basis in managerial position initially for one year and later on continued for eight years by renewing the contract. After completion of eight years if the company stop for renewing the contract can he claim for further extension and eligible for gratuity?
11th June 2015 From India, Kolkata
#Anonymous
Advirtised for engagement on contract for one year. Later same contract renewed with artificial break of 5 to 15 days and two years without break and enhancing contract remuneration.
11th June 2015 From India, Kolkata
Even if a person employed in Contract basis,he will be eligible for Gratuity if continuously worked for more than five years (Without any break in service). But if any artificial breaks happened in renewing contract and no continuous service happened,he cannot claim Gratuity.
Seeking opinions from Seniors too.
Regards
Nishant
12th June 2015 From India, Ahmadabad
Can a managerial position contract employee claim for regularization of job after 10 years of his contractual service?
12th June 2015 From India, Kolkata
Is it unfair practice to keep a managerial position employee on fixed term contract by renewing contract for long time?
15th June 2015 From India, Kolkata
Makhan Dutt,
it is unfair labour practise to keep on renewing contracts for long time.
But then permanency for people has financial liabilities which will be more than what is incurred on contractual people.
15th June 2015 From India, Pune
Long term contract engagement in managerial position leads to job regularization in psu is possible or not?
16th June 2015 From India, Kolkata
Since it is a psu, it must have framed recruitment rules for the post. It is governed by article14 of the Constitution of India. To continue a person on contractual basis when rules for regular appointment are in force, is not permissible in view of Asha v State of MP. It will be contrary to Uma devi decision too.
Thanks
Sushil
16th June 2015 From India, New Delhi
If management want to keep the contractual managerial employee on permanentle role can they will relax age limit for that person in open advitisement.
17th June 2015 From India, Kolkata
Relaxation of age for a person is arbitrary. Relaxation is done for a class only and that too when rules prescribe. Otherwise many person of the relaxed age would have also applied in pursuance to advertisement. It amounts to fraud on appointments if relaxation of individual person is done in psu.
Thanks
Sushil
17th June 2015 From India, New Delhi
Can management regularize the job of long term engaged contractual managerial level person in PSU?
17th June 2015 From India, Kolkata
Management cannot regularize the job of long term engaged contractual managerial level person in PSU. In fact contractual appointment is done for short term when rules are being finalised or no person eligible as per rules is available to meet the contigency. As stated earlier, to continue a person on contractual basis when rules for regular appointment are in force, is not permissible in view of Asha v State of MP. It will be contrary to Uma devi decision too and will be violative of article 14 of the Constitution of India.
Thanks
Sushil
17th June 2015 From India, New Delhi
Can management formulate policy to absorb long term contractual engagement managerial position employee?
18th June 2015 From India, Kolkata
Any policy or rule or law which is contrary to article 14 of the Constitution is void. Thus no such policy to absorb long term contractual engagement can be done by psu. Thanks Sushil
18th June 2015 From India, New Delhi
Some govtvof India enterprise has provision for contractual employee (e.g rites India ltd) absorb into permanent role. So other govt enterprise can also follow that policy.
18th June 2015 From India, Kolkata
It is settled that once the contractual employment is sought for through such specific advertisement for contractual appointments, the contractual employees cannot seek regularization because otherwise this will amount to fraud on the common citizens of this country and the common citizens being such candidates who would not have applied for appointments to the contractual posts and instead waited for advertisements in permanent posts of an employer. Thus when the matterof PSUs like rites India ltd will be taken to court such policy will be quashed in terms of the following decision of Delhi HC relying upon Umadevi decision:

Delhi High Court

Dharmendra Prasad Singh & Ors. vs The Chairman, State Bank Of India & ... on 9 February, 2015

8. In my opinion, I need not at all go into the arguments urged on behalf of both the parties as to petitioners falling or not falling within the policy dated 20.7.2010 and as qualified by the letter dated 18.8.2010, inamsuch as, if I allow the reliefs claimed by the petitioners, then the effect of granting of the reliefs will be that contractual employees will get regularization as permanent employees of the respondent no.1 which is a State under Article 12 of the Constitution of India and which is wholly impermissible under the ratio of Umadevi's case (supra). Even if we take that petitioners are fully covered under the policy dated 20.7.2010 and as clarified by the letter dated 18.8.2010 and though which is disputed on behalf of respondent no.1, I am of the clear opinion that the reliefs cannot be granted to the petitioners on the ground that the policy of the respondent no.1 dated 20.7.2010 itself is unsustainable and grossly illegal inasmuch as it flies in the face of the ratio of the judgment in the case of Umadevi & Ors. (supra). This aspect I will dilate in few paras later, however, at this stage I would seek to refer to a recent judgment decided by me in a bunch of cases with the lead case being Radhey Shyam and Ors. Vs. GNCT of Delhi and Ors. in W.P.(C) No. 471/2015 decided on 22.1.2015. The connected case decided with the bunch of cases is the case of Som Dutt and Ors. Vs. GNCT of Delhi and Ors. in W.P.(C) No. 474/2015. In the case of Radhey Shyam (supra), I have held that contractual employees cannot seek regularization in view of the ratio of the judgment of the Supreme Court in the case of Umadevi & Ors. (supra). While dealing with the facts in the case of Som Dutt and Ors. (supra), I have deliberated on the aspect as to if contractual employees are employed in terms of a regular selection process, but only as contractual appointees, both in terms of the advertisement and appointment letters, had the requisite eligibility criteria of being appointed in the permanent posts, whether such contractual employees can be regularized on the ground that they have been selected through a process which involved calling of candidates through advertisement and who were thereafter selected pursuant to a selection process containing the eligibility criteria of the permanent posts, and I have held that once the contractual employment is sought for through such specific advertisement for contractual appointments, the contractual employees cannot seek regularization inasmuch as otherwise this will amount to fraud on the common citizens of this country and the common citizens being such candidates who would not have applied for appointments to the contractual posts and instead waited for advertisements in permanent posts of an employer. This is stated in paras 14 and 15 of the judgment in Radhey Shyam's (supra) and Som Dutt's (supra) cases and which paras read as under:-

"14. Petitioners in this case seek appointment as Lab Technicians/Lab Assistants. In the present case, the relief which is claimed by the petitioners of their being regularized cannot be granted because if petitioners are specifically appointed for contractual period in terms of the advertisement which required only contractual employment for 11 months, then, if the petitioners are regularized only because they were appointed against sanctioned posts, the same would be clearly a violation of the ratio of the Constitution Bench judgment in the case of Umadevi (supra) because if the petitioners are directed to be regularized merely because there existed sanctioned posts, although the advertisement and appointments were only and specifically for 11 months only, then what will happen is that by issuing of an advertisement by the respondent no.2 which was only for contractual appointments of a limited period of 11 months, injustice would be caused to dozens or hundreds of other persons who would not have applied to the posts on the ground that the posts are contractual posts only for 11 months and such persons, being the ordinary citizens, who therefore would seek appointment with other employers who would offer permanent posts. If this Court allows regularization of the petitioners, and merely because petitioners are appointed against sanctioned posts, the spirit of the ratio of Umadevi's case (supra) would be violated because then in such cases the authorities of the State instead of making regular appointments to sanctioned posts, will advertise and make contractual appointments to sanctioned posts for specified periods, and thereby play a fraud upon general public being persons who would have applied if the posts were advertised as permanent posts. Thus regularization cannot be granted only because petitioners were appointed against sanctioned posts, once the advertisement and appointments were only for a limited period of just 11 months.

15. It is not the ratio of Umadevi's case (supra) that contractual employees must be regularized only because there are vacant sanctioned posts to which they were appointed to limited contractual period of mere 11 months, inasmuch as, Umadevi (supra) requires that the appointments must be as per the regular recruitment process and rules which will require advertisement for appointments as permanent posts, and much less because in terms of the ratio of the Umadevi's case (supra), the Delhi State Services Selection Board (DSSSB), and who appoints employees for the respondent no.2, has already issued a circular that there should not be appointments to regular posts except in accordance with the law and the process as specified in the regular recruitment rules."

..........

13. In view of the above, I do not find any merit in the petition because this Court cannot grant regularization to contractual employees in violation of the Constitution Bench judgment of the Supreme Court in the case of Umadevi & Ors. (supra).

Thanks

Sushil
18th June 2015 From India, New Delhi
Hello Makhan Dutt,
With due regards & appreciation to the issue you have raised, can pl PUT ALL THE FACTS OF THE CASE on the table in a SINGLE SHOT?
You surely have some situation that you are referring to.....but the way you keep raising new points in reply to the answers to the earlier ones by the members only drags the issue & I DON'T THINK you will get the actionable solution you are looking for.
Best is to explain the ACTUAL situation rather than raise queries in bits & pieces--that would benefit you far better.
Rgds,
TS
18th June 2015 From India, Hyderabad
#Anonymous
One of my friend was working in a psu on contract basis in managerial position for last eight years. Initially for one year then extended for 3 years (6 months duration in each extension for 6 times ) after that two yeras (one year period for 2 times ) and again 2 years(6 months period for 4 times).Now company stopped renewing contract and he is become jobless.Also he has crossed age limit for PSU job
24th June 2015 From India, Kolkata
Reply (Add What You Know) Start New Discussion

Cite.Co - is a repository of information created by your industry peers and experienced seniors. Register Here and help by adding your inputs to this topic/query page.
Prime Sponsor: TALENTEDGE - Certification Courses for career growth from top institutes like IIM / XLRI direct to device (online digital learning)





About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2019 Cite.Co™