Acc. to labour laws......?

if a person is employed with goverment on a temporary basis for more than 240 days, he has to be taken in as a permanent employee,......





there are many who are working since 1998 in Revised National Tuberculosis Control Programme and since 2000 in National AIDS Control Programme sice 2000.





everytime they ask about there job status they don"t get any answer.





it was promised that those who are working since2003 or before will be regularised soon, when both programmes combined together for effective implementation. Its 2007. some have crossed 30"s some are even in mid 40"s





Can somebody explain, why don"t goverment care for there people.





what option does these men and women have ?





can some expert in law help ?|||I do not know hundred percent its legal complications.Some staff were working under me in similar circumstances and they


went to court and were not succesful.We told the court that the job was of temporary nature so the question of giving


permanent employment did not arise.Recently Supreme


court also agreed to this view. In case the job is of permanent


nature then that can create some difficulty.This also can be circumvented by recruiting surplus staff from sister organisation.The only difficulty is that you cannot recruit


from public by giving newspaper ads.without absorbing


this people.|||Where do you get that a person working for 240 days has to be absorbed in a permanent job with the Government. This is either misconception or misinterpretation of the law.





A person working as a casual employee for a continuos period of 240 days acquires some rights and privileges which are not available to ordinary daily wagers or casual employees. Primarily the removal, dismissal or termination of such employees would be governed by the rules prescribed for the regular or permanent employees. There are certain other emoluments and perks to which such employees would become eligible.





The absorbtion of such employees who have completed uninterrupted service of 240 days would be dependent upon the discretion of the employer or the policy decision of the concerned Government. Until and unless the Government brings in an ordinance or legislation to regularise the services of such employees no such permanency can be accrued to them.





Earlier some High Courts ruled that on completion of 240 days of service the employee automatically absorbs himself into the regular category. But such decisions did not get the approval of the Supreme Court and were consequently set aside.





Now some State Governments upon influence from the respective trade unions brought in ordinances and legislations to regularise casual employees as permanent employees. But recently the Supreme Court in (Uma Devi and others) struck down the legislation holding that such legislation is ultra vires the Constitution of India and is in violation of the basic concept of seeking regular employment and further held that such a short method could not be allowed disentitling the eligible and competent candidates who would otherwise seek employment through the regular course.





Earlier all such employees who completed 240 days of service would approach the High Courts and seek directions to the State Governments or the Central Government to regularise them. And the Courts also obliged them having regard to the pathetic conditions. But now the reason for the Supreme Court to change its stand and reasoning is primarily the financial burden and constraints which would be thrust on the institution or the Government because of the regularisation of such employees. Many institutions both State and Central have become sick due to their staff pattern and this cannot be denied. Irrespective of either there is work for them or not many institutions were forced to employ excessive staff and rank into bankruptcy. I myself have argued many of such employees cases where directions were given to the State Government to create supernumary posts and absorb the concerned employee into the regular scale.





Now we hardly find such cases due the change in the law which has been laid down by the Supreme Court.





The 240 days provision has become redundant and is only an illusion now. Because no employee is allowed to work continuosly for a period of 240 days. He is deliberately shown out of the rolls to circumvent this provision.





And as we know there are always two sides to a coin. Until now employees have taken advantage of the provisions and the benevolence of the superior courts. Now the notion is that public money is being wasted on lazy and unworthy employees and therefore they should be terminated.





To view this aspect in a broader sense we can hardly find permanency in any sector or employment. Now only the efficient and competent survives no matter what.





And as to whether the employment is temporary or permanent depends on the nature of the employment. If the emploment is perrineal in nature then casual labour or contract labour cannot be employed due to the prohibition in Section 10 of the Contract Labour (Abolition and Regularisation) Act.





There have been many enactments to favour the labour community. But due to lack of awarness and due to non implementation these laws remained an illusion. Now when it is being implemented and when it is time for them to reap the fruits the notion has changed.





I have all sympathies for such employees since I have shared their distress while fighting for them. But its time we realise that the Law of the land has changed.