Legal Question in Employment Law in India

Sir

My query is regarding my job.

I am working in an Autonomous Body under Ministry of communications and Information technology, Govt. of India.

My Date of Birth is 20-09-1969

1. I joined the centre on need basis in 1999 JAN on 89 days contract as computer instructor in which no advertisement was published in news paper.

2. The contract was renewed for the same period many times based on my performance again without any advertisement.

3. The my contract period was extended to 3-years after a review by the committee formed by the centre director.

4. In year 2007, again after a review the contract period was extended to 5 years (without any advertisement in news paper).

5. In year 2011, our headquarter (At New Delhi) issued instructions to the centres across the country to regularize all 5 year contract employees.

6. I faced the review committee and got regularized as others w.e.f year 2007 (when our 5 year contract started), this instruction was also given by Head Quarter New Delhi.

7. During my service, I also got one promotion in the year 2013.

8. Now after so many years, some guy (contractual) from some other centre filed an RTI gaining information about the employees who were regularized without any advertisement and also who were over age at the time of regularization.

9. He filed a compliant at our Head Quarter about this, now HQ has formed a committee to look into the matter and the Managing Director has categorically said in some meeting that "We shall pick such cases ans terminate them or we shall take a written test of such people and if they qualify only then they will be retained otherwise we shall terminate them"

Sir, my only question is that if HQ does something such silly act,

1. what should be our course of action?

2. what are the chances that we get terminated from our services?

I shall be very thankful for your kind and early reply.


Asked on 11/09/15, 1:28 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

09.11.2015

Dear Sir / Madam,

You should state that the Autonomous Body ought to have regularized your services immediately after the probation period of six months to a year. You should further request the Management to conduct a written test and you should appear for the test, since in all probables, you are sure to pass the written test. You can drag the matter to the Court for justice if the Management terminates your services, which is highly unlikely to happen.

Regards,

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Answered on 11/09/15, 4:18 am


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