Ad-hoc tenure and regularisation
Md Irfan Raza
(Querist) 25 January 2019
This query is : Resolved
Respected Sir/Madam
Goodday to you.
In August 2014 the colliery division management of Steel Authority of India Limited has provided me Ad-hoc employment against land with the assurance that my service will be regular under roll of company once the Adhoc period is successfully completed. I have worked since 4years & 4 months as skilled worker without getting a single month salary. in respect for my unpaid salaries and regularization I have always approached the management but they always assured me that work in progress for payment of your due salaries and regularization too.in 2016 i have started written to the ministry of steel under CPGRAMS.At last I have approached the Dy.Cheif Labour Commissioner,he conducted enquiry through LEO.after enquiry I get only my due wages on Dec 22.12.2018 I am not yet received other statutory payments.
From 1.12.2018 the HOD of mine department stopped my work (before salary paid) without assigning any authentic reason and notice served to me.Now I am jobless please suggest what to do to get my job back and other statutory payments.
Thanking you,
Dr J C Vashista
(Expert) 26 January 2019
Whether you were issued with appointment letter and confirmation for the job, clarify. ?
However, issue legal notice through a local prudent lawyer practicing service matters.
Sudhir Kumar, Advocate
(Expert) 26 January 2019
Steel Authority of India Limited has provided me Ad-hoc employment against land with the assurance that my service will be regular under roll of company once the Adhoc period is successfully completed.
there is no such policy. all govt posts (including PSU) have to be put to open competition to all citizens. Posts can be reserved only for SC/ST/OBC/ PH/Sports/Ex servicemen/ compassionate appointees/ sports person.
There is no such quota as job in liue of land.
Sudhir Kumar, Advocate
(Expert) 26 January 2019
I have worked since 4years & 4 months as skilled worker without getting a single month salary.
why?
YOU HAVE CAPTIONED YOUR QUERY AS AD-HOC TENURE AND REGULARIZATION. PLEASE COME OUT OF MISCONCEPTION THAT YOU WERE NOT EVEN EMPLOYEE LEAVE ASIDE BEING AD-HOC.
Sudhir Kumar, Advocate
(Expert) 26 January 2019
in respect for my unpaid salaries and regularization I have always approached the management but they always assured me that work in progress for payment of your due salaries and regularization too.in 2016 i have started written to the ministry of steel under CPGRAMS.At last I have approached the Dy.Cheif Labour Commissioner,he conducted inquiry through LEO.after inquiry I get only my due wages on Dec 22.12.2018 I am not yet received other statutory payments.
GIVEN FACTS DO NOT INDICATE THAT YOU WERE REGULARISED.
Sudhir Kumar, Advocate
(Expert) 26 January 2019
From 1.12.2018 the HOD of mine department stopped my work (before salary paid) without assigning any authentic reason and notice served to me.
GIVEN FACTS INDICATE THAT YOU WERE NEVER APPOINTED AS PER THE RECRUITMENT RULES NOR AS PER PRESCRIBED PROCEDURE.
THERE IS SPECIFIC SUPREME COURT DIRECTIONS TO STOP ENTRY OF THOSE WHO ARE NOT ELIGIBLE AS PER LAID DOWN RULES AND NOR RECRUITED AS PER LAID DOWN PROCEDURE.
Kumar Doab
(Expert) 28 January 2019
Do you have copies of advertisement etc or any other written communiqué that anyone (you as in query) shall be offered employment (as in query) against land?
Was your land taken by establishment on such counts?
If you have such irrefutable evidences then you msut be having detailed T&C also.
With the intervention of Labor officials you got your pending wages of long period of 4years and 4 months. Is IT recorded in proceedingds/findings that your appointment was as an employee and regular? Is IT recorded that statutory payment (as in query) are not paid and amount paid is as WAGES?
Apparently the matter never landed in court/tribunal.
The establishment that did not pay WAGES (as in query) for long period of 4years and 4 months and paid after communications of CPGRAMS, Labor officials must have paid if a post with employer-employee relation was (ever; on DOJ or later) ever created!
If a post with employer-employee relation was (ever; on DOJ or later) ever created, then IT must be having IT’s own T&C/service conditions, designation etc.
If work was stopped in 2018 without notice then IT must be in accordance with internal T&C/service conditions, designation etc.
Although you might have claimed on this count also, the establishment might have/not have replied that IT was termination/retrenchment etc ..!
The facts may come out with your own efforts or in court of law/tribunal.
Kumar Doab
(Expert) 28 January 2019
You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife) etc and find a very able LOCAL counsel specializing in concerned filed of law e.g; Succession/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs, evidences on record.
Obtain proper legal opinion in writing!
Avoid acting on your own on hearsay.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.
Some of such entities remain glued to their computers and post in any thread including thread initiated by you.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.
Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists.
Such entities post abuse if anyone good LCI Experet post details/links/citations for the benefit of querists/readers. Such entities may paste picture of aged/old/sick looking individuals.
Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.
Such IT’s and entities keep on poping up at online portals with fake and new ID’s after their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.
There are such very able counsels at each location.
Check for such counsels at LOCAL; Civil Courts, HC, SC,..
You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Succession/Civil matters.
Your counsels may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.
Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.
There have many instances of such entities operating with multiple fake Id’s at online portals.
The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.
Many counsels even at State Capital/Metro towns do not demand unreasonable high FEE.
IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.
In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.
You can go thru/search the cases contested by any Lawyer at court website.
Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.
Obtain proper legal opinion in writing.
If you are confident that you are well versed with provisions of applicable rules/laws and procedures and can handle the matter on your own, go ahead.
Sudhir Kumar, Advocate
(Expert) 29 January 2019
The person came here to know the legality of his claim.
Not understood how the following persons can be helpful
Seasoned PIPs, help groups, NGOs, experienced colleagues, association, religious scholars/leaders, influential persons, Employees Trade Union leaders, help group for spouse…………..
