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how to regularize my job from probation period


29-May-2023 (In Labour & Service Law)
I was recruited in a PSU through advt. in Employment News,Times of India,Hindustan Times followed by written test and interview against particular vacancy as Management Trainee. However instead of getting regular job after successful completion of training management offered me contractual job. I am working on contract since last seven years and have recently filed a petition in CAT to regularise me with all consequential benefits both financial and non-financial w.e.f. back date- the date when I completed my mandatory training in the corporation. Now after getting court notice from the CAT-Central Admin. Tribunal,the management is ready to offer me regular job but from current date not from back date. What should I do in this case? Should I accept this offer and continue fighting to regularise from back date in CAT? What should I do If management ask me to sign an agreement that I will not ask to regularise me from back date in future while accepting the offer
Answers (1)

Answer #1
760 votes
No court will grant you any relief from back date unless you prove before the court that the said advertisement was for the regular job only and not for contractual job. So better convince the court based on the advertisement and job description records coupled with previous tenure records of such employee who were employed at that post that the job was always a regular job and you were especially put on contract basis.
If you are in a position to prove this then don't accept your regularization from current date but if you are not in a position to prove the same then I would advise you to accept your job regularization from current date.

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