Illegal regularization of the contract employees
Querist :
Anonymous
(Querist) 19 August 2017
This query is : Resolved
This is very sensitive query, as I donot want to reveal all the facts here but I need the expert opinion for the Public domain and for the interest of the common people opposing the favoritism, nepotism, irregularities
This case is very close to one of my associate brother, who filed the case for termination of his contract tenure in one of premier Government organisation of India. He lost the case in CAT, High Court as both the courts followed the Constitutional Bench Judgment state of Karnatka vs Uma Devi which has given that contract appointment is aginst the statutory provisions and has no right for regaularisation. He then filed the SLP which was admitted,as there were 300 contract workers in the organization. Subsequently, the 300 contract workers get regularized. The SCI bench asked the petitioner to furnish the details through Interlocutory application. Meanwhile, the bench has changed
My queries are:
1 Since the orgnaisation has reguslarised the 300 contract employees which is aginst the constitutional framework and legal provisions, how the same can be challenged?
2 The act of regaulrisation is contrary to the constitutional Bench Judgment uma devi case which clearly says that there is no by passing of the constitutional scheme. If the organization deliberately violate the constitutional Bech Judgment, how can such organization be brought under law?
Kindly provide the expert opnion, as the matter is not linked with the interest of any party but is meant for uprooting of the malpractice and favortism
Rajendra K Goyal
(Expert) 19 August 2017
No reply to query from an author who is anonymous.
You can post the query in fresh thread with your identity and material facts.
Kumar Doab
(Expert) 19 August 2017
AQ.........so NO reply.....
Querist :
Anonymous
(Querist) 19 August 2017
anonymous feature is there, while making the query.If the lawyers club has added this feature to secure the identity of the seeker, then there must be some logic in their action , which may be due to threats or menace??
Kumar Doab
(Expert) 19 August 2017
No one threats at LCI..................
Guest
(Expert) 19 August 2017
Anonymous feature has no binding for the members to respond to the anonymous queries. All depends upon their discretion. So, it was useless to point out to them, if anyone does not want to respond on your query.
However, your query does not also provide any background on which basis the contractual workers were regularised. So.only your lawyer can tell you how the organization can be brought under law, as he would have thoroughly gone through all the case documents.
Querist :
Anonymous
(Querist) 20 August 2017
@ PS Dhingra. Sir, Thanks for reply. Here the question is not the regsularisation .Here there is complete violation of the Constitutional Bench Order dated April 2006, which clearly directed that there should not further bypassing of the Constitutional scheme. Since, employees were regularized recently without any selection procedure, there is violation of law principles set by the constitutional bench. If the executive body passed any order which contravenes to the constitutional bench order ,then what will be the options available to any citizen having the public interest?
Dr J C Vashista
(Expert) 22 August 2017
I stand with experts. no reply for anonymous person.
Kumar Doab
(Expert) 22 August 2017
It is your choice to post with your ID or not................
If you post with your ID you can get many replies...........
