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Can a contractual employee claim for regular job
03-May-2023 (In Labour & Service Law)
D/sir, i am working as accounts supervisor in a milk plant in city sirsa, state haryana since 01-09-1999 to till continue on contract through various contractors. every year contractor has been changed, new contractor come through tender, but our services till continue . My job work is just like same as regular employee doing that and also we sing same documents as regular employee did that .In this milk plant nearby 70 regular post vacant now. Now we have only 48 regular employees and more than 300 workers on contractual worker through various contractor since last 18 years. We are 30 to 40 works who are continuous working from last 15 years or just more than that. I also read a verdict of supreme court against steel authority of india and contractual staff just like same we are. The supreme court regularise 112 contractual staff. So please guide us whether we claim regular services from our principal employer or not.
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. Siddhant Sharma
Delhi | 500+ Answers
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