clarification request on claim for regular post

Tilak Marg Forum for Legal Questions Forums Service and Labour Laws clarification request on claim for regular post

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    • #3960
      Umesh Bala
      Guest

      dear sir
      a central govt autonomous body after procedural selection against an approved post employed me in a Group ‘C’ post by giving an appointment letter as contractual appointment for a period of six month on consolidated pay. One of the clause of apptt letter is “this contractual appointment will automatically lapse on completion of six months’. Another clause is “this contractual appointment can be terminated by giving one month notice or Rs.4000 in lieu thereof. This appointment was contineously renewed every six month by issuing a three line letter which always had subject as “Extension of Contractual appointment” and contents as that “other terms and condition will remain unchanged”. This proctise was continued by them for almost 8 years. In 8 years I had given no chance for any complaint in my work and o warning was ever issued to me.

      All of a sudden on 26th Dec, a letter was issued to me that my contract is expiring in 31st Dec and I have to get cleared before that date. My interpretation is that if no written communication is issued, my tenure will come to end in 31 Dec and I cannot go for duty on 1st Jan. Once they preferred to give a letter i.e. notice through which they intend to communicate me of their unwillingness to extend my contract, they are to comply with the contract clause of one month notice period. By not doing so, my employer violated the contract clause and I interpret their action as arbitrary.

      pl confirm whether my interpretation is legally right or wrong. also any possibility for releif from court for me, if I take up legally as I have spent 8 years and they now terminated.

      Bala

    • #3985

      Though it is difficult to give a definitive opinion on facts of a case without seeing the full facts and relevant documents, from your question it appears that the authority concerned is not terminating your services prior to expiry of the current contract which is / was up to 31 December (but, you are asking this question in February, so it is not clear how your contract of 6 months is expiring on 31 December). What is the authority appears to be doing is to intimate you that your contract would expire on 31 December. It does not appear to be termination prior to the contractual period during which a one-month notice or payment in lieu of that would have been required.

      For a more definitive opinion, please show your documents to some local lawyer / expert.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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