Contract Laborer Files for Permanent Position: What Steps Should We Take Now?

I am an officer in a government organization. There are some contract laborers working in our organization for the past year. Now, the contract has been terminated as we have hired a permanent employee in their place.

The contract laborer worked in one office for a year, performing the same daily tasks. He reported directly to me, and I assigned him tasks daily. The contractor did not assign any work to him; we directly provided him with job assignments.

The laborer has taken the matter to the labor court and filed a case against us for offering him a permanent position. What steps should we take now?

Regards,
Satya
Malkangiri

The contract worker is not prohibited from raising a dispute for permanency in your department. You need to contest the contentions before the labor court on the basis of evidence you have.

Regards,
B. Saikumar
Mumbai

As per the ID Act of 1947 under sections 25F and 25N, an employee who has rendered continuous service for 240 days will not automatically be entitled to claim permanency. The service is, in fact, considered as regularized but not permanent. It is advisable to hire contract workers for 11 months at a time. In this regard, you may need to demonstrate that there were breaks in the employee's work every 3 months to question the continuity of service, which would be crucial in this case.

Thank you.

Factors Affecting the Case

The answer to this matter depends on a number of factors. What was the work he was doing? If it is not a core job, and there was a contract in place, he will find it difficult to get relief from the court. Additionally, the fact that the work was not perennial in nature and that it was replaced with a permanent post after a year works in your favor. You did not keep him in a contract job for years on end. There is nothing in the law that states you have to absorb a contract worker or prohibits you from replacing him with someone better suited for the job.

Evidence and Legal Advice

However, you need evidence to show that the contract was genuine and not a sham designed to deny the rights of the contract worker. It is advisable to speak to a good lawyer or labor consultant to guide you on this.