Can a Govt.contractual employee convert into permanent Govt.empolyee?

Querist : Anonymous (Querist) 31 July 2011 This query is : Resolved
In an autonomous institution of Government
of Rajasthan(which is governed by departmental executive council and governing council),some employees are appointed as contracual employee(for three years).
Now above contractual employees are demanding for converted as a permanent Govt.employee.
Is this possible?
Which employment/service law/other law covers this problem?

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RK Agrawal (Expert) 31 July 2011
contractual employee can be converted to permanent employees as per contract labour regulationa and ablolition act.If government make notification that this type of job cannot be done by contract labour than the employees can be converted to contract labour to permanent employees. or any where work is done by permanent employees and they take work from contract labour than also he can be converted to permanent employees.

Chanchal Nag Chowdhury (Expert) 31 July 2011
No, unless the govt. agree.

K.S.Srinivas (Expert) 31 July 2011
First of I want to say that employees are appointed as contractual employees are not entitled claiming their permanent absorption. In case the government is willing their absorption on permanent basis it is ok.

In the contract labour regulation & abolition act, 1970 no where it is mentioned that consequent to abolition of engagement of contract labour in a specific area of work or prohibition of engagement of contract labour in certain areas of work,the contract labour are converted as permanent employee, even though the notification is given by the government to the effect that engagement is prohibited or abolished.

To the above effect SUPREME COURT OF INDIA's judgement in SAIL can be cited.

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