Legal Question in Employment Law in India

Dear Sir, the Ministry of Culture, Govt. of India established National Mission for Manuscripts with IGNCA (a Govt. trust) as its nodal agency in 2003. We are all qualified 30 people working in there since 4-7 years. The Mission is funded by the Ministry of Culture, Govt. of India. Our appointments were made without proper advertisement but by interviews. Some of us are PhD qualified and all are working on 89 days basis with a mere payment of Rs.7500 to Rs.12000. Despite of different request to the administration our payments have not been increased since our joining. After the initial period of five years the Mission has got an extension of another five years.

We are working in the institution for last 4-7 years and have given the important part of our life. Some of us have even crossed the age limits to apply for any govt. job.

Even when any advertisement comes in Employment news most of the Govt. institutions cites a particular basic salary of previous job as the one of the preconditions for the job.

Since we are not being given any basic salary in this govt. institution and on the other hand when the other Govt. institutions are citing preconditions for basic salary we are not being able to apply. In addition to this problem our working periods over here is not counted anywhere or any age relaxation is given in any advertisement.

Since we have worked here for years in a particular Govt. institution should we demand for our job permanency here? We have also heard that the Govt. has scarped the 89 days scheme and the sixth pay commission has ruled that nobody can be paid less than 10000 per months in Govt. institutions.

In this precarious condition what will be our legal right.

Please give us some advice.


Asked on 11/07/09, 2:58 am

2 Answers from Attorneys

Seshadri Srinivasan www.lawconcern.com

Unfortunately you do not have a legal right. All of you have joined knowing fully well the salary and terms of appointment.

No advertisement also has been issued and this means your appointment per-se is not legal and gives you no accrued right to permanent job or for regular pay scale.

However, you can form a Union and agitate your grievance through Minister Offices.

For any assistance with full details of your employment history : [email protected]

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Answered on 11/07/09, 3:03 am

Mr.Seshadri is right. For more detail plz send your query.

Regards

[email protected]

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Answered on 11/07/09, 8:48 am


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