Jaydeep J S (Consultant) 26 July 2011

Government Organization planning to remove employee

My friend is working in Central Government office in Mumbai (Maharashtra). He was appointed as temporary in the office in May 2002 for clerical post along with 15 other people. He was not given any break for his employment. His performance is also good.

After almost 9 years his office wants to remove him along with other 15 people simply because they want to privatize the work (they want to give work to private agencies). What they are planning is to confirm all those employees which are appointed as temporary before 1999 and still in the service.

Is Labor Law permit to do such termination by a government office? If yes then what will my friend do because his age is not suit to apply for any other government job also his experience is not counted for any other private job. Considering that my friend is married he is really in trouble.

Kindly guide what we can do in this case.

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2 Replies

(Guest)

SIR,

KINDLY NOTE THAT

1.YOU MAY REFER TO THE JOB OFFER AND APPOINTMENT LETTER AND ALSO SERVICE REGULATIONS.

FOR TERMS OF SERVICE.

2.IN CASE THE SAID PERSON HAS CONTINEOUS SERVICE IN SAID POST THEN HE CAN SUCCEED.

3.YOU MAY SEND DETAILS FOR FURTHER HELP AND WILL SEND DETAILED REPLY .HE MAY FILE APPLICATION TO CENTRAL GOVT.ADMINISTRATIVE TRIBUNAL / HIGH COURT FOR RELIEF .HE WILL SUCCEED.GOOD LUCK.

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

Jaydeep J S (Consultant) 27 July 2011

Only Office order was given to my friend. The contain of office order is as follows.

“

Government Office addresses and Seal

To: friend name and address

OFFICE ORDER

Pursuant to the order dated 11.04.2002 passed by --------------- on report dated 10.04.2002 and upon your personal appearance (interview) and on checking of the documents submitted for qualification, upon satisfaction by the Selection Committee, you are hereby appointed as Junior Assistant on purely temporary and adhoc basis in the pay scale of Rs.3050-75-80-4590 and other allowances.

The appointment shall be effective from the date he assumes the charge of the post. His appointment is being made subject to acceptance, willingness and upon an undertaking that he does not possess any disqualification rendering liable to disqualify for the said post. He is further directed to assume the charges of the post of Junior Assailant within a period of 15 (fifteen days) days positively, failing which the Orders shall be treated as withdrawn

Signed by Authorized Officer

“

Currently my friend is drawing around Rs.17000 per month as per sixth pay. He is also enjoying all benefits that is given to Central Government staff.

Despite of above document no other document or bond or agreement they have given to my friend or signed by my friend.