Contractual Employment - 1000 Employee On Fixed Term Basis - CiteHR
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Our Company, a PSU, Govt. of India has engages 1000 employee on fixed term basis since 1996 when company formed. Employees are working continuously without any break, contract renewed after every three years. Question arise, can we demand for permanency, if we do so, where we shall stand in court, and what is supreme court guidline in regard to above cases. noted that Company engages employee after proper recruitment process, like giving advertisement and there is permanent employee except top management.
Looking forward for good advice.
Regds
Manoj
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1. Sir, employees engaged on contract basis under the Contract Labour (R & A) Act, 1970 will always remain on contract basis because under said Act there is no provision of regularising the services of employees engaged on contract basis on the basis of services rendered by them in any organisation. There are very rare cases in which the hon'ble courts have allowed regulation of services of contract employees and that too only if it is proved that the engagement on contract was only "subterguge" or false.

2. The position, I think, is more serious in respect of contract employees engaged in public services because as per Supreme Court Judgment in the case - State of Tamil Nadu & Others-vs- Uma Devi & Others in public services recruitment is possible and required to be made as per Staff Recruitment Regulations only applicable in the said department/CPSU.You can see the said judgment from online website of hon'ble supreme court.

3. However, since the facts of the various departments/PSUS are different, you can consult a good advocate dealing with the administrative matters and can also examine the scope for filing case in CAT after exhausting grievance procedure as applicable in your CPSU.
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