Respected Sir/Madam,
We, the employees of the State Government, have been appointed in the education department as Vocational Teachers of different skills in different parts of the state on a contract with the Government for the past two years. We left our good jobs for the sake of a Government job, and suddenly they are trying to outsource us to a private company. Can the government make such a sudden change and play with the careers of teachers who left their previous jobs solely for a government job? Now, they are threatening us by outsourcing to a private company on a contract basis. Is there a law against this that can protect our careers? Please guide us on the same.
Thank you.
From India, Ambala
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We, the employees of the State Government, have been appointed in the education department as Vocational Teachers of different skills in different parts of the state on a contract with the Government for the past two years. We left our good jobs for the sake of a Government job, and suddenly they are trying to outsource us to a private company. Can the government make such a sudden change and play with the careers of teachers who left their previous jobs solely for a government job? Now, they are threatening us by outsourcing to a private company on a contract basis. Is there a law against this that can protect our careers? Please guide us on the same.
Thank you.
From India, Ambala
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Sir,
I would like to bring to your notice that after the enactment of The Contract Labour (Regulation and Abolition) Act, 1970, things have changed significantly. Currently, the State is the largest employer, hiring a large workforce on "contract." In every office, including education and medical services, numerous individuals are engaged on "contract." The Act does not provide for the regularization of services regardless of the length of service. You mentioned that your State is now attempting to engage you through a private agency on a contract basis. This implies that either previously or currently, you have been engaged directly by the State on a contract. In my opinion, this change will not affect anything since being on a contract will not grant you any regularization of service status. However, in a particular case, the honorable Supreme Court regularized services by deeming such contracts as "subterfuge." The attached judgment of Bhilwara Dughd Utpadak Sangh is associated with this decision. This judgment may not be directly related to government service.
I would also like to mention that the Honorable Supreme Court of India, in one of its full bench decisions, specifically State of Karnataka vs Uma Devi, determined that in public service, recruitment through normal channels/processes is necessary and did not approve the practice of engaging individuals on a contract/casual or temporary basis. The attached judgment is also provided for your reference.
Personally, I believe that in the current scenario and following the above-mentioned judgment of Uma Devi, the prospects of service regularization in the government are quite dim. I trust that you will find guidance in the two court judgments mentioned. However, if needed, you can discuss your cases by engaging a suitable advocate locally who deals with administrative cases of State Government employees at the appropriate forum.
With best wishes;
From India, Noida
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965I would like to bring to your notice that after the enactment of The Contract Labour (Regulation and Abolition) Act, 1970, things have changed significantly. Currently, the State is the largest employer, hiring a large workforce on "contract." In every office, including education and medical services, numerous individuals are engaged on "contract." The Act does not provide for the regularization of services regardless of the length of service. You mentioned that your State is now attempting to engage you through a private agency on a contract basis. This implies that either previously or currently, you have been engaged directly by the State on a contract. In my opinion, this change will not affect anything since being on a contract will not grant you any regularization of service status. However, in a particular case, the honorable Supreme Court regularized services by deeming such contracts as "subterfuge." The attached judgment of Bhilwara Dughd Utpadak Sangh is associated with this decision. This judgment may not be directly related to government service.
I would also like to mention that the Honorable Supreme Court of India, in one of its full bench decisions, specifically State of Karnataka vs Uma Devi, determined that in public service, recruitment through normal channels/processes is necessary and did not approve the practice of engaging individuals on a contract/casual or temporary basis. The attached judgment is also provided for your reference.
Personally, I believe that in the current scenario and following the above-mentioned judgment of Uma Devi, the prospects of service regularization in the government are quite dim. I trust that you will find guidance in the two court judgments mentioned. However, if needed, you can discuss your cases by engaging a suitable advocate locally who deals with administrative cases of State Government employees at the appropriate forum.
With best wishes;
From India, Noida
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