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...counsel for the All India Institute of Medical Sciences had stated that no contract employee in the ENT Department had been granted an extension after 1-1-2009. In these circumstances the High Court...settled law that no contract employee has a right to have his or her contract renewed from time to time. That being so, we are in agreement with the Central Administrative Tribunal and the High Court...Madan B. Lokur, J.— The petitioner who appears in person was initially engaged on a contract basis as a Technical Assistant (ENT) in the All India Institute of Medical...
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...Justice Kurian Joseph, C.J (Oral)Whether a contract employee is an in-service candidate, is the question that arises for consideration in this case. The petitioner has...claimed admission to the B.V.Sc Course under the 3rd respondent/University, as an in-service candidate. The admission has been denied on the ground that he is only a contract employee under the Government...and hence he cannot be treated as in service candidate. The stand cannot be appreciated. For all purposes, a contract employee is treated as Government servant. The only difference is in the mode of...
...:19.1 It is held that the respondent herein directly worked under the appellant and was not a contract employee.19.2 It is also held that the respondent had worked...High Court as well.21. We start with the discussion as to whether the respondent was the employee of the appellant or was he a contract employee.22...work for the appellant and that too as a lineman.23. The next question is as to whether the respondent did this work as a contract employee or was employed by the appellant...
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PETITIONER, SARGASAKTHI STREET, CHULLIMADA, KANJIKODE,
PALAKKAD 678 621, CONTRACT EMPLOYEE, M/S. STERLING
ENTERPRISES (ITS...
PETITIONER, BHARGAVATHIVATTOM, NEELIKKAD, PUTHUSSERY,
PALAKKAD, CONTRACT EMPLOYEE, M/S. STERLING
ENTERPRISES (ITS PROPRIETOR M.K HARIHARAN...-
9 SRI SURESH K, AGE AND FATHER'S NAME NOT KNOWN TO THE
PETITIONER, KSS NIVAS, CHULLIMADA, KANJIKODE 678 621,
CONTRACT EMPLOYEE, M/S. STERLING...
...“employee” is any person employed on salary or wage by an employer. When there is a contract of employment, the person employed is the employee and the person employing is the employer. In the absence of any...term “government servant” did not refer to or include persons employed on contract basis. It is argued that on the same principle, the term “employees of MCD” cannot include a contract employee of MCD...is by a municipal corporation. The reason that weighed with this Court in Vaghela (2006) 2 SCC 482 to hold that a contract employee was...
...at the present place of posting. Equally, the department on administrative grounds is entitled to transfer a contract employee after five years of tenure at one place. But the contract employees are...office memorandum extracted above that the eligibility of a contract employee for transfer will depend on two conditions; (i) the same will be considered only on need basis and (ii); the same will be done...only on administrative grounds. These are to be read and understood and applied qua the contract employees and not qua a regular employee to be transferred so as to accommodate a contract employee. However...
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administrative grounds is entitled to transfer a contract employee after five years of tenure at one place. But the contract employees are not entitled for transfer as of right, so ...eligibility of a contract employee for transfer will depend on two conditions; (i) the same will be considered only on need basis and (ii); the same will be done only on administrative grounds. These are to...be read and understood and applied qua the contract employees and not qua a regular employee to be transferred so as to accommodate a contract employee. However, it needs to be also clarified that in...
...posting. Equally, the department on administrative grounds is entitled to transfer a contract employee after five years of tenure at one place. But the contract employees are not entitled for transfer...above that the eligibility of a contract employee for transfer will depend on two conditions; (i) the same will be considered only on need basis and (ii); the same will be done only on administrative...grounds. These are to be read and understood and applied qua the contract employees and not qua a regular employee to be transferred so as to accommodate a contract employee. However, it needs to be...
...pursuant to notification dated 31st May, 2010.The main grievance of the petitioner is that he is replaced by a contract employee and that contract employee namely the private respondent has...request. Therefore, the petitioner cannot be transferred at the instance of such a contract employee, who has not completed five years of service. But it is seen from the reply that the petitioner is...been appointed only in the year 2010. The contract appointee gets right to make request for transfer only after five years of service. Hence the private respondent does not get right of transfer on...
...to be dispensed with with effect from 31.1.2009 A contract employee is not entitled to continue to work after the expiry of the contract period. He is also not entitled for regularisation of his...contract employee by another contract employee.After hearing counsel for the parties and in view of the statement of counsel for the respondents to the effect that the respondent Nigam will...not directly appoint any contract employee in place of the petitioners and if the Nigam decides to take the services of a contractor to provide manpower as per requirement from time to time, in that...
...1. The appellant sought information regarding the signature on his muster (Contract employee or ITI Trainee Or EPFO Employee or if any other) along with its details and clarification...; photocopy of all pages of ITI muster; if contract employee, then the name of contractor name along with terms & condition for contractor etc. through 12 points. The CPIO on 18.01.2018 provided information...that the appellant, a contractual employee at EPFO has filed several RTI applications seeking the muster rolls and the copy of muster roll has been provided to him at each instance and on 18.01.2018 in...
...in the present lis is whether a contract employee can be replaced by another contract employee or not. No doubt, such principle is attracted to the extent that one contract employee cannot ...replaced by another contract employee unless and until there are any allegation against initially appointed contract employee.
4. Be that as it may, the appellant...01.11.2022 passed in CWJC No. 15295 of 2018.
2. The appellant was appointed on contract basis and his services were terminated on 18.03.2018 while relieving his...
...rejected the claim of the petitioner for compassionate appointment on the ground that no policy for providing compassionate appointment to the deceased contract employee was existing on the date of death...the date of death of the deceased employee there was no policy providing compassionate appointment to a contract employee. The husband of the petitioner who was contract employee in the establishment...of the respondents died on 27.12.2022. The policy regarding compassionate appointment to a dependant of contract employee has come into effect from 22.7.2023. The claim of the petitioner for...
...appointed as a contract employee and is posted as Sub Engineer in Janpad Panchayat, Bada Malehra, Chhatarpur. The contract appointment of the petitioner contains a stipulation that in case petitioner is...Condition No.14, which was later on converted into Clause 10.12 of the Contract Employment, it has been clearly indicated that if a contract employee is involved in a criminal activity, then the....
Keeping in view the fact that petitioner is only a contract employee, he is not a permanent employee and his contract has been terminated in accordance to the stipulation in his...
...continuance in contract employment may be considered. In this regard, it is contended that replacing the existing contract employee through another contract employee is an unlabour practice and therefore...employee through another contract employee is not desirable. Only in the event of unsatisfactory service, if any
4...
recorded, an order of ousting may be issued. However, if a contract employee is serving satisfactorily, he shall be considered for reappointment on contract basis. However, the terms and cond...
...JUDGMENT & ORDER (ORAL)In this writ petition, the only question fell for consideration of this Court is whether on the death of a contract employee, his legal heir/dependant...contract employee, but he served without any break for 17 years and on his death, the petitioner with her children became totally helpless. While a person was in continuous service for 17 years, on...in a stroke of pen contending that the deceased was a contract employee, without considering the long period of continuous service rendered by the deceased employee, who was killed by the miscreants...
...same District Sidhi by the impugned order-dated
15.7.2012.
Challenge to the order is made mainly on the ground that petitioner is a contract employee and..., therefore, a low paid contract employee like the petitioner who is working on a salary of ` 3,500/- should not be transferred. That apart, pointing out various personal difficulties on the ground that...
2
Challenge to the order of transfer merely on the ground of petitioner being a contract employee is not sustainable, for the...
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6. A contract employee has no right to the post, and right if any, would have been created in his favour, only when he was replaced by another contract employee. As...concerned e-District Centre, then petitioner's case of re-engagement shall be considered before engaging any other contract employee. As regards the arrears of wages, respondent no. 5 is directed to release...Manoj Kumar Tiwari, J.:— Heard learned counsel for the parties.
2. Petitioner was engaged on contract as Data Entry Operator in e-District...
...Mr. Shekhar Agarwal, Member (A) Learned counsel for the applicant has submitted that the applicant was working with the respondents as a contract employee since last 14 years. He...employee. Mr. Shekhar Agarwal, Member (A) Learned counsel for the applicant has submitted that the applicant was working with the respondents as a contract employee since last 14 years...submitted a representation on 07.09.2016 seeking regularization of his service but no response has been received from the respondents. Meanwhile, his contract is coming to an end on 10.05.2017. He is...