Employees may not be employed on a series of fixed-term contracts indefinitely.
Prolonged contractual job is exploitation, SC in case of :
Dr. Radha Dubey vs Government Of National Capital ...
You may also go thru :
Gujarat High Court
Porbandar vs Jagdish on 29 April, 2011
With the help of a competent and experienced labor consultant/service lawyer : Agitate that this break is artificial, willfully created to dodge the statutory provisions, deny benefits, and cause exploitation.
--------“The Apex court has settled the position of law in the case of Jacob M. Puthuparambil and others, Vs. Kerala Water Authority and others, AIR 1990 SC 2228 that "such appointments were intended to be stop-gap temporary appointments to serve the stated purpose and not long term ones. The rule was not intended to fill a large number of posts in the service but only those which could not be kept vacant till regular appointments were made in accordance with the rules. But once the appointments continued for long, the services had to be regularised if the incumbent possessed the requisite qualifications. Employees who have been working on the establishment since long, and who possess the requisite qualifications for the job as obtaining on the date of their employment must be allowed to continue on their jobs and their services should be regularised. It is unfair and unreasonable to remove people who have been rendering service since sometime as such removal has serious consequences. The family of the employee which has settled down……………..”
-------Bhilwara Dugdh Utpadak Sahakari ... vs Vinod Kumar Sharma Dead By Lrs & decided on on 1 September, 2011:
"This Appeal reveals the unfortunate state of affairs prevailing in the field of labour relations in our country. In order to avoid their liability under various labour statutes employers are very often resorting to subterfuge
------In the year 1984 a new clause was added to the definition of retrenchment u/s 2(oo) namely sub sec. (bb) of the Industrial Disputes Act, 1947 which reads as under :
"Termination of service of the workman as a result of the non-renewal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein" ........ does not amount to retrenchment.
With the protection of the above amended clause the employer segment valiantly and excitedly started deploying labour on contract for a fixed term / thru contractor
You may go thru an interesting publication:
“Provide social security to fixed-term contract employees: Centre”
Approach your lawyer as ap and proceed under expert advice of your lawyer.
Valuable advice of learned experts/members is sought.
