Long-term Contract Employee at University: Can I Seek Regularization or Legal Action?

I am working in a university for the past 8 years on a contract basis with a consolidated salary. My contract is renewed every six months without any breaks. I want to know if there are any rules or laws under which I can be regularized.

Three years ago, the government sanctioned/approved/created some posts for the same job, but I have still been on contract without any changes in my salary as approved by the government. Can I fight in court based on any laws?

Please help.

There are clear cases where various high courts and even the Supreme Court of India have given milestone judgments on this issue. Such services without a break and long contracts like yours can be very well regularized. The very fact that you have been hired for this position for 8 years is enough to prove that the nature of the job is neither one-time nor temporary nor for a fixed-term contract.

Kindly contact a good legal professional in your area and show him/her all the contract copies that have been reviewed from time to time. You should keep one copy with you also in case it is required to produce the originals for court. This is a clear case where you can win.

Kind regards,

Dayanand L. Guddin
HR Advisor
Bobst India
Pune

Thank you, sir, for your support. Can you please list the judgments that have been given?

Contractual Employment and Recruitment Process

Secondly, as I had mentioned earlier, some posts have been sanctioned and were vacant. These posts were advertised again on a contract basis. As I possess the requisite qualifications and experience, I applied, interviewed, and passed the selection process, including a medical examination. I am now on a contract basis, in a vacant post, for nearly 2 1/2 years without any breaks. In total, I have been in this position from 2002 to 2010 and from 2010 to 2013 (on a vacant post), which amounts to almost 11 years. I was selected through the proper recruitment process following the Recruitment Rules (RR) for the post. I have the required qualifications and experience, as well as fit within the age limit.

Seeking Regularization and Legal Advice

I have submitted several representations for the regularization of my services, but they are still pending with the authorities. Would it be advisable to go to court to seek justice?

Thank you.

Hello friends, recently, I found a case of Dr. Amrish Chanana vs Govt. of NCT of Delhi, where Dr. Chanana may be regularized as he was appointed against the sanctioned vacant post. Can this case hold good for me? Please, can anyone help?

Thank you.

Dear sir/friend, I am an employee in the position of Data Entry Operator at an Autonomous Education Institute (Govt) for the past six years on a contract basis (initially for two years), which was then extended annually at a fixed amount just above the minimum wage. I want to clarify that I joined this job through the proper channels—via an open advertisement, a written test, an interview, and selection based on merit.

Now, my first employer is terminating my employment after six years of service. When I first joined the job, I was unaware of the distinction between being a contract and permanent employee. Back then, the state government was also hiring employees in a similar manner and eventually regularizing their employment.

However, now everything seems bleak to me. I do not know what to do or where my family and I will go. Is this my fault? If the employer advertised the position on a contract basis despite it being a sanctioned post, and if I went through all the stages of selection just like a regular employee, is the fault solely mine?

Should the institution not share any blame if they have permanent posts in their budget but opt for contract employment? They dictate all the terms and conditions, with no room for negotiation on salary or other aspects.

We have dedicated six valuable years of our lives for a meager salary, and now the Institute is revealing its true colors. It seems like, when the Institute needed me, they used me like a disposable item, and now they are discarding us.

Can I fight for regularization? Can I fight for the survival of myself and my family? Will the laws of India protect us? I ask this because I have already faced a breakup. We have toiled hard here, being exploited in their own ways, while receiving a meager salary as if we were beggars.

Please, friend, help me.

I have been working on a contract job continuously for 7-8 years in a PSU. Under the regularization process of the company, I have cleared the written test and interview. I was waiting for the result, but the company terminated me without assigning any reasons. Are there any possibilities for regularization? Do you have any judgment copy related to my case?

Thank you.

Supreme Court Judgment on Regularization

In one of the leading cases titled "The State of Karnataka vs. Uma Devi & Others," the Honorable Supreme Court held that "There is no fundamental right in those who have been employed on daily wages, temporarily, or on a contractual basis, to claim that they have a right to be absorbed in service. As has been held by this Court, they cannot be said to be holders of a post, since a regular appointment could be made only by making appointments consistent with the requirements of Articles 14 and 16 of the Constitution."

The copy of the said judgment is attached herewith for your information. There appears to be very little chance of regularization of services in view of said judgment. However, in my opinion, you can request your organization to regularize your services for which an examination was held as reported by you.

Regards

I am an employee holding the position of Lecturer in a Private Education Foundation for 13 months on a contract basis (initially for one year). I have not been granted any Earned Leave or Medical Leave, but only 12 casual leaves in the last year. However, I was promised that upon completing 12 months, I would be able to enjoy those leaves and receive my due 10+10 (CL & ML) in the next year.

Currently, my employer is not providing me with the confirmation that I am entitled to after 12 months (instead, saying I will receive it after 3 months) nor granting me my earned leaves. I am expecting my 13th-month salary within a week. My concern is regarding the legal steps I can take against the employer as my due leaves are not being granted. I do not possess a confirmation letter yet, and unfortunately, nobody in my department has one either. I await your kind reply.

Thanking you,
Joy

Respected Honorable,

I have been working in a Central Government Institution since September 2006 on a contract/outsourcing basis with a verbal contract order (without any gap/break). I receive my salary through a Departmental Cheque.

My qualification is B.Com (Hons) with computer applications, and I belong to the SC community.

Sir, is there any possibility for my service to be regularized?

I have been working with a public sector undertaking company since 2007 on a contract basis. My contract is renewed every year with a break of 10 days. Recently, the government of India announced the closure of my company and provided packages of some rupees for employees' dues.

I am seeking information on the relevant act or rule that applies to contract employees in this situation.