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Regularization of contract employee
14-Aug-2023 (In Labour & Service Law)
Hello sir, I have been working in an autonomous institute (funded by central govt.) for 5 and half years as a contractual LDC. My recruitment process was proper as advertisement notice was published in the news paper. thereafter I cleared written and interview. The contract is on yearly basis without any break. This is a sanctioned post. The contract is with direct employer. My nature of duties is completely regular nature. Kindly tell me if I can claim for regularization. Thank u sir.
If your appointment letter or employment contract says otherwise specifically mentioning that in no circumstances you can claim for the regularization of your job then you can't claim for the same and your petition will be dismissed everytime you will approach the court.
Similarly if the department at the time of advertising this job in its advertisement itself had specifically mentioned that in no circumstances this post will be made permanent or the one who will be working on this post will be absorbed in the organization as an regular employee then again you can't make any such claims thereto.
However if these things were not mentioned over there then please go ahead and ask for your absorption as a regular employee first by the way of internal request in the organization and then later on by the way of Court if your requests have been denied by the internal procedure.
Similarly if the department at the time of advertising this job in its advertisement itself had specifically mentioned that in no circumstances this post will be made permanent or the one who will be working on this post will be absorbed in the organization as an regular employee then again you can't make any such claims thereto.
However if these things were not mentioned over there then please go ahead and ask for your absorption as a regular employee first by the way of internal request in the organization and then later on by the way of Court if your requests have been denied by the internal procedure.
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Adv. Pulkit Prakash
Delhi | 400+ Answers
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Yes if the post is permanent you may claim a regular employment.
Recent judgment in LIC case has set principles for such regularisation.
You can approach department for regularisation.
On refusal you may challenge such order in Court
Recent judgment in LIC case has set principles for such regularisation.
You can approach department for regularisation.
On refusal you may challenge such order in Court
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Adv. Wg Cdr Mohammed Mujeeb (Retd)
Delhi | 200+ Answers
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