Harsh Kumar Mehta
Consultant In Labour Laws/hr

Kamal Kant Sir, I am presently employed on contract basis with appropriate pay structure (not on consolidated pay) in a centre fully funded by the XXX. My selection was through advertisement and based on merit I was directly appointed by the centre initially for a period of three years and extended for further two and five years without any break in service. I have completed 10 years of service in the centre from the date of my appointment and now tenure has been further extended for a period of five years on contract without any break in service. There are few more employees like me in the centre. On completion of 10 years of service, my pay also has been revised under MACP. However, the centre is yet to confirm/declare my probation. I was regularly submitting my Annual Assessment report and I was always assessed Good. Like permanent employees, separate service book is also maintained for me by the centre. Sir, Am I eligible for a permanent position in the centre ? I'm worried they may expel me from my position without assigning any reason as I'm in contract for the past 10 years. Sir, can you please guide me and my colleagues under what rules we can claim/get the permanent position in the centre? Thanking you, Sir.
18th December 2016 From India, Coimbatore
1.Sir, the terms "MACP" or "Annual Assessment Report" or "service Book" etc. are applicable only in respect of regular and permanent employees of public service. In my opinion, If your contractor is maintaining or preparing such like records, at his own level, then it has no legal value. In Contract Labour Act there is no provision of automatic regularisation of services of persons engaged on contract basis.
2. As per Hon,ble Supreme Court Judgment in case of State of Karnataka & Others -v-s Uma Devi & Others (2006), the persons employed through proper procedure based on recruitment rules of the relevant post as applicable only are entitled for appointment in said public service.
3. If desired, you can discuss the issue with the appropriate authority of the unit where you are working and ask for status of your employment.
18th December 2016 From India, Noida
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