Respected Sir/Madam,
We the employees of State Govt has been appointed in education deptt as Vocational Teachers of different skills in different part of state on contract with Govt only from last two years and we left our good jobs for the sake of Govt Job and suddenly they are trying to outsource us from some private company. Can the govt do such kind of change suddenly and play with the career of teachers who left their previous job just for the sake of govt job and now they are threatening us by outsourcing with some private company on contract basis. Is there some law against that, which will save our career? Please guide us for the same
From India, Ambala
We the employees of State Govt has been appointed in education deptt as Vocational Teachers of different skills in different part of state on contract with Govt only from last two years and we left our good jobs for the sake of Govt Job and suddenly they are trying to outsource us from some private company. Can the govt do such kind of change suddenly and play with the career of teachers who left their previous job just for the sake of govt job and now they are threatening us by outsourcing with some private company on contract basis. Is there some law against that, which will save our career? Please guide us for the same
From India, Ambala
Sir,
1. I will like to bring to your notice that after enactment of The Contract Labour (Regulation and Abolition) Act, 1970 the things had changed a lot. At present, the State is the biggest employer employing a large work force on "contract". In every office, including in education and medical services, a number of persons are engaged on "contract". There is no provision of regularisation of services in said Act irrespective of length of service. You have mentioned that now your State is trying to engage you through a private agency on contract basis. It means, earlier or at present, you are engaged by the State on contract directly. In my opinion, it is not going to change anything since to be on contract will in no way bestow you any status of regularisation of service. In one of the case, however, the hon'ble Supreme Court has regularised the services by calling such contract as "subterfuge". The said court judgment of Bhilwara Dughd Utpadak Sangh is linked herewith as attachment. This judgment perhaps do not relate to government service.
2. I may also mention that the Hon'ble Supreme Court of India in their one of full bench decision namely: State of Karnataka -vs- Uma Devi had decided that in public service the recruitment through normal channels /process is necessary and have not approved the process of engagement of persons on contract/casual or temporary basis. The said judgment is also linked herewtih as an attachment.
3. I personally feel that in present time and after above Hon'ble Supreme court decision of Uma Devi, the chances of regularisation of services in government are very dim. I hope you will find some guidelines in above 2 court judgments. However, if desired, you can discuss, your cases by engaging a suitable advocate locally dealing in administrative cases of State Government employees at the appropriate forum.
With best wishes;
From India, Noida
9231. I will like to bring to your notice that after enactment of The Contract Labour (Regulation and Abolition) Act, 1970 the things had changed a lot. At present, the State is the biggest employer employing a large work force on "contract". In every office, including in education and medical services, a number of persons are engaged on "contract". There is no provision of regularisation of services in said Act irrespective of length of service. You have mentioned that now your State is trying to engage you through a private agency on contract basis. It means, earlier or at present, you are engaged by the State on contract directly. In my opinion, it is not going to change anything since to be on contract will in no way bestow you any status of regularisation of service. In one of the case, however, the hon'ble Supreme Court has regularised the services by calling such contract as "subterfuge". The said court judgment of Bhilwara Dughd Utpadak Sangh is linked herewith as attachment. This judgment perhaps do not relate to government service.
2. I may also mention that the Hon'ble Supreme Court of India in their one of full bench decision namely: State of Karnataka -vs- Uma Devi had decided that in public service the recruitment through normal channels /process is necessary and have not approved the process of engagement of persons on contract/casual or temporary basis. The said judgment is also linked herewtih as an attachment.
3. I personally feel that in present time and after above Hon'ble Supreme court decision of Uma Devi, the chances of regularisation of services in government are very dim. I hope you will find some guidelines in above 2 court judgments. However, if desired, you can discuss, your cases by engaging a suitable advocate locally dealing in administrative cases of State Government employees at the appropriate forum.
With best wishes;
From India, Noida
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