Daily wages based work in panchayath and termination from that post

abdulla (Querist) 15 March 2017 This query is : Resolved
one of my relative working in a dispensary as an attender and appointed him by Panchayath director board on 2014 February and he working until now. but the secretary and new dierector body thinking about terminating him and appoint a new one. they decided a new interview for that post, and offered my relative a preference if he attend that interview.
how a Panchayath secretary or a board can change a person from a post when a person working over three years in that post

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krishna mohan (Expert) 17 March 2017
Is the post he is holding is temporary and what is the terms of appointment. If contractual and term is expiring employer has a right to decide mode of appointment.

abdulla (Querist) 18 March 2017
the post available still now and they decided a new interview for that post. and the employer is not person but Grama Sabha. and three years continously working there. in appointment letter not mentioning the terms or validity.

Guest (Expert) 18 March 2017
A daily wage worker is neither a contractual employee, nor enjoys any right to continue on the post indefinitely. He can be terminated at any point of time.

However, if he has been offered preference to attend the interview to be made a temporary or regular employee, he should feel lucky enough in that respect. That offer is a sort of reward and opportunity for him to demonstrate his capability and skill to hold that post.

Rajendra K Goyal (Expert) 18 March 2017
Agree with the expert P S Dhingra.

Guest (Expert) 18 March 2017
Rajendra ji,

Thanks for agreeing with me.

krishna mohan (Expert) 19 March 2017
Three years continuous employment through a written offer without specifying the term may not be termed as daily wage or casual labour. You may consult local legal expert specialized in labour matter to peruse and advise you. When Grama sabha is giving opportunity for you to attend do attend to take your chance and depending on the outcome if not in your favour you may approach the legal expert.

Ms.Usha Kapoor (Expert) 14 June 2018
I agree with PS Dhingra JI.

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