Contractual employees discontinuation
Raman
(Querist) 26 March 2015
This query is : Resolved
Contractual employees of state Government were sacked after serving for 10-15 years..Went to CAT loose the case because of landmark judgment of Uma devi.Writ appeal is filed pending before the Divisional bench of High court for last 2 years adduced the grounds that theey have been singled out comparison to those who are already working there and joined later..State Government infuriated and issued termination order of employees who joined later. Hindustan engineering and labour front on behalf of the employees filed the CAT case and put stay on termination. Due to political influence the state Government pass the resolution and regularized all contractual employees in service
Now the issue about the fate of the contractual employees who has been discontinued from services as the matter is pending before the High court
1 If the writ is allowed then they will back into services but they may not be regaularised as decision of regaulrisation purely in the hands of the state Government?
2 Secondly, if they are back into services, the contractual employees who has joined later and regularized are placed senior to their rank, is not the violation of the fundamental rights of the contractual employees who has been discontinued?
3 In such circumstances, whether separate writ is maintainable for not considering the case of regularisation on the par with other regaulriased employees?
Guest
(Expert) 26 March 2015
It matters much whether you tried in a planned way and with documentary evidnce in your favour or not. Even in your description, you have not stated on what basis you fought the case. Judgment of Uma devi would not have any affect in your case had you fought the case on merits of the case by production of solid evidence of rating of your service record and the evidence of favouritism being extended to your juniors. No judgment in some other's case can prove to be a landmark judgment, if the case of the petitioner is fought on its own merits.
Even now, you have the need to discuss your case in person with some service law expert by getting your case related documents examined in detail by him.
Rajendra K Goyal
(Expert) 26 March 2015
Decision of the court need to be referred when comes and the further course of action can be suggested after that.
Raman
(Querist) 27 March 2015
issue has become complicated as some with poltical links are benefiteed some without links are thrown out
For them the court will say that all those who are thrown have rightly been out as there are no way for back doors..but what about those who are regaularised?
In our country 2 laws are there , one for strong people and one for average people..strong people alwsys find their ways while average people are shown books stataues and laws
Once its has correctly said, Rules are made for weak people so that it can be broken as per theri convenience
Kumar Doab
(Expert) 29 March 2015
The courts can lift the veil and do away the political influence and injustice.
As rightly opined by experts plan carefully and in advance.
This query is also posted at:
http://www.lawyersclubindia.com/forum/details.asp?mod_id=118550&offset=0#.VRfKf_yUcqM
Similar query is being discussed at;
http://www.lawyersclubindia.com/experts/Regularisation-of-employees-done-by-the-governing-body-of-medical-hospital-under-mohfw-529496.asp#.VRfI_vyUcqM
T. Kalaiselvan, Advocate
(Expert) 30 March 2015
You have repeated the same query in a different thread already and the same was properly addressed by more experts, you may visit it once again to know more about it.
