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MOHAMMED LUKMAN KHAN (PHYSIOTHERAPIST)     02 January 2012

Can a adhoc employee be regularised?

dear sir,

1) myself mohammed lukman khan would like to submit my request that,i have appointed on 13 august 2009 in kasturba hospital BHEL, bhopal ,as a physiotherapist on adhoc basis.That time my age was below 27 year.i am mentioning age here because the BHEL Bhopal management has terminate me after 2 and 4 month year of my service.

2)According to management-"you are over age.means you have crossed the age of 27 in general category.

3)They terminate me and appoint another candidate in place of me.means they appoint fresher in place of skilled employee.

4)At present there is 4 physiotherapist working in there,Intresting things is that I was the first person who appoint first against santioned post.

5)what can i do?????? i am unployed now.

Please provide  guideline in my favour.   

        



Learning

 9 Replies

Sudhir Kumar, Advocate (Advocate)     08 January 2012

Please consult Supreme Court decision in Uma Devi case. https://www.indiankanoon.org/doc/1591733/

MOHAMMED LUKMAN KHAN (PHYSIOTHERAPIST)     14 January 2012

i saw the umadevi case.but i didnt got the answer of my question.there are so many evidences in to and fro manner,just tell me what should i do?

    i just dispach a application for my concern but they dint response it. Should i lodge a case from labor court or directly writ  petion in high court?

           please help me..

Sudhir Kumar, Advocate (Advocate)     15 January 2012

you are over age for recruitment. If you feel that Umadevi case isnot hurdlethen go ahead. But be sure that management wil plead this case in defence. This judgement frobids regularisation of backdoor entry (persons recruited other wise than recruitment rules). Labour court has powers to look beyond the terms of employment.

MOHAMMED LUKMAN KHAN (PHYSIOTHERAPIST)     15 January 2012

i have serch regarding adhoc/temprary employee that  "A temprary employees can not be replaced by same temprary employees   

MOHAMMED LUKMAN KHAN (PHYSIOTHERAPIST)     25 January 2012

Today as on 24/01/2012,My employer naming BHEL Bhopal has replied me via post which contains that they appointed another fresher employee in place of me,they had not give me satisfactory answer. Please guide me what should be the my next official step?

(Guest)

Your case need be examined in detail by some experienced service expert with particular reference to your appointment order, recruitment rules and the termination order.

MOHAMMED LUKMAN KHAN (PHYSIOTHERAPIST)     10 March 2012

i consult to a lawyer who told me that you can't claim or lodge writ because you are not eligible.your service period is less than 10 year.But if you complaint in labor court and your appeal is accepted than the employer will paid you 75% of salary until the final decision of court.

Sudhir Kumar, Advocate (Advocate)     11 March 2012

Your lawyer has perhaps stated the same thing which is statd above.


(Guest)

You may better ask your lawyer, which rule of BHEL or Government of India prescribes that an adhoc employee with less than 10 years of service cannot be regularised.


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