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working since 13 years. But not get permanent nature job what to do
16-Feb-2023 (In Labour & Service Law)
I am working in BSNL since 13 to 14 years. But now, from last three years the company authorities have adopted tendering procedure for engaging labour, before this I was working full day (13 to 14years without interruption) and taking payment on 'vouchers' Sir/Madam, My questing is; whether I am justified to get permanent job in BSNL, if yes then where I should appeal for this (whether in High Court, Supreme Court or in CAT) Please .. your valuable suggestion may take out me from mental depression)
In National Fertilizers Ltd. v. Somvir Singh3, the Apex Court observed:
13. The respondents herein were appointed only on applications made by them. Admittedly, no advertisement was
issued in a newspaper nor was the employment exchange notified as regards existence of vacancies. It is now trite law
that â€oeState― within the meaning of Article 12 of the Constitution is bound to comply with the constitutional requirements as
adumbrated in Articles 14 and 16 thereof. When the Recruitment Rules are made, the employer would be bound to
comply with the same. Any appointment in violation of such Rules would render them as nullities. It is also well settled
that no recruitment should be permitted to be made through back door. (emphasis supplied)
The need for keeping in view the right of equality in Mehar Chand Polytechnic v. Anu Lamba4, wherein the Court
essayed thus:
16. Public employment is a facet of right to equality envisaged under Article 16 of the Constitution of India. The State
although is a model employer, its right to create posts and recruit people therefor emanates from the statutes or statutory
rules and/or rules framed under the proviso appended to Article 309 of the Constitution of India. The recruitment rules
are framed with a view to give equal opportunity to all the citizens of India entitled for being considered for recruitment in
the vacant posts.
Thus, you can not claim for regularisation of your employment.
13. The respondents herein were appointed only on applications made by them. Admittedly, no advertisement was
issued in a newspaper nor was the employment exchange notified as regards existence of vacancies. It is now trite law
that â€oeState― within the meaning of Article 12 of the Constitution is bound to comply with the constitutional requirements as
adumbrated in Articles 14 and 16 thereof. When the Recruitment Rules are made, the employer would be bound to
comply with the same. Any appointment in violation of such Rules would render them as nullities. It is also well settled
that no recruitment should be permitted to be made through back door. (emphasis supplied)
The need for keeping in view the right of equality in Mehar Chand Polytechnic v. Anu Lamba4, wherein the Court
essayed thus:
16. Public employment is a facet of right to equality envisaged under Article 16 of the Constitution of India. The State
although is a model employer, its right to create posts and recruit people therefor emanates from the statutes or statutory
rules and/or rules framed under the proviso appended to Article 309 of the Constitution of India. The recruitment rules
are framed with a view to give equal opportunity to all the citizens of India entitled for being considered for recruitment in
the vacant posts.
Thus, you can not claim for regularisation of your employment.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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