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Hi
I am working dialy rated labour in a govt department from nov 2013 on same place . Now they want to remove me from job can they do it or not. And if could do dat can i consult the court for the barbariac act by the department .
Thankss

From India, Delhi
It is very common that government departments engage casual labour on daily rate system. They are not given any protection of the labour laws, no PF, no ESI etc because these laws are not applicable to such departments. When they are removed, the question remains is who is the appropriate authority who will hear their grievances. One thing is very clear, being employed casually, they have no right of regularisation. Various courts including the Apex Court have ruled that the casual labours who were employed without following the normal procedures of recruitment and selection have no right of regularisation. In such cases, when their services are discontinued, the only remedy is to get retrenchment compensation as per Industrial Disputes Act. The said compensation is payable only if the government department is an industry within the meaning of ID Act.
Madhu.T.K

From India, Kannur
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