One of my family member is working in the office of an educational institution registered under Societies act in Kerala and as per service rule, the institution is coming under Industrial Dispute Act.1947.
He is working there for the last 4 years as temporary clerk under honorarium payment with P.F benefits. As per the service rule and prevailing practice, 1st one year will be testing period and in case the higher authorities desire to do so, they can extend this period for one more year and in the event, performance not satisfactory, they can terminate the employee without any reason. After successful completion of testing period, they will be absorbed in the regular employment, if there is a permanent vacancy.
But in this case, so far they have not made any adverse comment about his abilities and every year, the salary has been increased, though, no formal letter has been issued. All the senior colleagues, got the scale of pay and other permanancy benefits withing 2-3 years, Whenever, the request for scale of pay and permancy benefits are given, the management is threatening to terminate the service. Also he isnot getting any earned leave, though service rule clearly states that, all employees, who have completed 12 months service are eligible for earned leave.
Please let me know your valuable opinion on the above including eligibility to get the scale of pay and other permanancy benefits. Ifeligible, who is the right authority to be approached for an early solution in this case?
Awaiting your valuable opinion.
Best regards,
S. Kumar
