Legal Question in Employment Law in India
1. That I was engaged by the Municipal Corporation, Gurgaon as an Official as Computer Operator-cum-Computer Clerk for six months on contract basis at a fixed remuneration of Rs.6930/- per month w.e.f. 1.09.2009 and I submitted my arrival report in MCG on 1.09.2009 Fore-Noon , by the office of the Learned Commissioner, Municipal Corporation, Gurgaon vide orders No.EST/MCG/2009/289 dated 31.08.2009 with a copy endorsed to the Chief Accounts Officer, MCG/Resident Audit Officer, MCG/Section Officer, MCG.
2. That the salary of mine for a period of 1 Year-06 months-07 days (1.09.2009 to 07.03.2011, period of contract) has been paid to me on the role of establishment from account of MCG i.e. upto 07.03.2011.
3. That there-after my salary/remuneration is being paid to me through out-sourced making payment contractual agency without giving any written intimation to me regarding the same.
4. That still I am working in the Municipal Corporation, Gurgaon without having any break in service as Computer Operator-cum-Computer Clerk.
5. That the above given brief history is regarding my present job till to-date.
Advice Please
Keeping into consideration, the above circumstances, I would like to know from your good honour, in case I knock at the door of Court law, can my services could be brought on regular cadre for the post mentioned above. I wish to seek your precious advice in this regard.
1 Answer from Attorneys
13.09.2013
Dear Sir / Madam,
By rule, any contractual employment in a Government or private establishment, if extended beyond six months, is automatically deemed to be confirmed and made permanent. In your case, since your original contract itself was for more than a year, it is clearly established that there is a permanent vacancy in the Corporation, and you are a deemed employee of the Corporation. Your claims are legally valid and fully justified.
Regards,
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