Regarding confirmation of services
dr. r.k.agrawal
(Querist) 16 July 2011
This query is : Resolved
Dear Sir
My elder brother was working as asstt. professor in a self finance
engineering college since last 10 years. he was getting emoluments in
the scale as per UGC norms. but this year college issued a letter to
pay on fix mode. which they denied and for redressal he moved for
legal help from the court. On which his services was terminated and he
was detached from the job.
I want to know could he get relief from court, as in government
departments the people working on MUSTROLE (daily wages) were
regularised after an order from hon. Supreme court judgement.
It is also to say that my brother was getting salary through bank, for
11 months in a session.
please also refer the name of an advocate who takes the cases of such type.
I shall we obliged
dr. R.K. Agrawal
Kirti Kar Tripathi
(Expert) 16 July 2011
What was his nature of appointment. Whether he was appointed against the permanent post on probation or it was contractual appointment. Normally a person who is not appointed against permanent post through proper recruitment process has no lien on the post courts do not interfere with the decisions of management nor can direct for regularization and/or confirmation, thus he is not entitle for confirmation unless there exist any scheme of employer. In case, there is any such scheme, he can take advantage of said scheme and seek redressal through court of law.
dr. r.k.agrawal
(Querist) 16 July 2011
Shri Kirti Kar Tripathi, Expert
Dear Sir
Yet it is fact that the appointment was on contractual basis, but it was being extended year to year. and the salary he was getting was through bank. His name was also being published in college's prospectus.
Sir you will be aware that in government departments mostly in State PWD & State Irrigation departments those employees working on daily wages, got redressal from court to be regularies against as a permanent employee, who have completed 240 days in a year, while my brother was getting salary for 11 months regularly in a year. Only 1 month break was given every year. Are these facts not sufficient to get redressal from hon. court. Does Engineering Colleges being run by an university 100% funded by UGC not considered under labour act norms.
I shall be again thankful to you. Also tell me where such type employee go, after such a long services given to uplift a new Engineering College and when the college become popular, they were thrown out. Is it not unhuman and molestation of literacy.
Hoping your help.
dr. r.k. agrawal
9412021600
Kirti Kar Tripathi
(Expert) 17 July 2011
Dear Agrawal,
I am sorry as my opinion om this point is point is same as earlier. So for as PWD and other Government departments are concerned. There exist specific scheme for regularization of daiy rated, Ad-hoc and contractual employees and their services are regularized under those schemes. So for as making confirmed/permanent employees on account of continuous service of 240 days is concerned, it is clarified earlier, it was position that if an industrial workman was engaged against permanent nature of joband continued to work more than 240 days, the courts were of the view that he is entitled to be made permanent on that post but now this position has changed and court are of the view that court can not direct the employer to declare any employee as regular or permanent, unless there exists any such scheme of employer itself. It is the function of the management.
