JAYANTA KUMAR DAS
30 April 2011 at 09:34
Respected Sir / Madam,
At first I thank the expert personalities who attended my query and gave some guidance. In continuation to my earlier query, I want to supply more information in details. In March, 2001, 212 nos. of adhoc lecturers (similar to my contractual status) in different disciplines were regularized without appearing in the interview by Public Service Commission (PSC), West Bengal. I did join on 11.11.2003 as a Contractual (Full Time) Lecturer in Electrical Engineering in BPC Institute of Technology, Krishnagar- 741101. It is a Govt. Diploma Engineering College of Govt. of West Bengal under Department of Technical Education & Training, West Bengal. It has no connection with UGC. But it is duly recognized by All India Council for Technical Education i.e. AICTE and Diploma in Engineering is awarded by “West Bengal State Council of Technical Education”.
Those 212 nos. of adhoc Lecturers of the same Colleges of the same Dept., were not interviewed (true news and the said department could not reply to the RTI application) even at the time of entering as adhoc Lecturers. Only GOD knows about their recruitment criteria. Many of them were regularized even well before completion of 02 years after joining as adhoc lecturers and also few of them had no minimum percentage of marks as specified by AICTE (so it is illegal appointment) for those posts. But myself along with many others were properly interviewed by an Expert Interview Committee which was equivalent to PSC before the recruitment as Contractual Lecturers. Also our interview was done after collection of applications against open advertisement in different Class I newspapers. After screening of applications interview letters were issued. Our posts are of “Group- 1 Gazetted Officer” rank in West Bengal General Service. Also we are recruited against “Permanent Sanctioned Posts”. West Bengal Service Rules (WBSR) - Part 1 says 03 years’ continuation with success as temporary employee will be regularized. It also says that any appointment may not be through PSC, but with proper interview after open advertisement for the recruitment in different class- 1 newspapers, cannot be said as “Back Door” entry and “illegal” selection. So this “irregular” but “not illegal” recruitment can be regularized. AICTE also agrees with this process of recruitment procedure. This is also supported by the Judgement of the Hon’ble Supreme Court in famous “Umadevi” Case. The judgement delivered on 10.4.2006. This judgement also said about the regularization of such “irregular but not illegal” posts as one time relief to existing temporary employees before any regular recruitment. After this 10.4.2006 no regularization was done in our department. Also in a regular selection in 2006, no necessary age relaxation and due weightage of experience in those posts were offered to those Contractual Lecturers which is contrary to “Umadevi” verdict.
I am still continuing. The Department of Technical Education and Training is renewing / extending our contract for 06 months after keeping gaps of 02/03/04 days after every renewal. I want to mention here that according to the judgement on April 22, 2009 of the Hon’ble Supreme Court in Case No. CIVIL APPEAL NO.7922 OF 2002, those types of terminations and re-appointments are illegal. Also in article 25E of Industrial Dispute Act, 1947, it had been stated that “a minimum of 120 days’ work in every 06 months – is the definition of “continuous job” which we satisfy. In the judgement of Civil Appeal Nos. 4256-4257 of 2010, the Hon’ble Supreme Court had said the places where regularization can be done. We also satisfy those. In 2008, allied Department of Technical Education for Degree Engineering Colleges, had regularised its 32 nos. of adhoc / contractual Lecturers with minimum eligible qualifications but with few are over-aged. Also, many departments of Government of West Bengal had regularized their different temporary employees since 2006.
Please do advice me suitably. Should I proceed to State Administrative Tribunal for Regularization ?
Regards.
JAYANTA KUMAR DAS. 30.4.2011. E_mail Id : jayantaloknath@live.com.
Vineet Verma
30 April 2011 at 04:23
Sir,
I joined my previous organization on 06-06-06 and my last day of working was 31-03-2011.
I have read that if you have served 4 years and 240 days then your are eligible for gratuity.
I approached my company with the same rule and they say that 5 years is compulsary.
Pls let me know if I can claim for my gratuity from the organization.
Thanks and regards
Vineet Verma
Anonymous
29 April 2011 at 17:12
Am in need of applicable labour laws in the country of Indonesia...any one of experts provide me details, please...
Sreenivas
29 April 2011 at 13:22
Gentlemen, I would like to know the definition of "special allowances" under Minimum wages Act(Maharashtra).I understand PF contribution is to be made on Basic + Special Allowances.Does special allowances means D.a. only @ 51 % as of now i.e april 2011.(2) What are the allowances included "special Allowances".
Anonymous
28 April 2011 at 22:19
May you please provide the Circular of spliting of Minimum wages for PF Deduction which was ammended recently.
Anonymous
28 April 2011 at 17:50
What is the current status of the proposal to increase Gratuity payment limit from Rs. 3.5 lakhs to Rs. 10 lakhs?
pankaj
28 April 2011 at 13:56
We are working in Mahila Samakhya a govt. of india programme for empowerment of women. Mahila Samakhya is a registered society under society registration act 1860. There are more than 1000 employeed working. all the employees are on yearly contractual basis and the contract is renewed year to year on performance and appraisal basis. The govt of india approves the program as per five year plan. It is more than 20 years that the program is continuing. no benefits of dA epf/cpf is provided to employees, no social security, contract renewal fully depends on Director whether to renew or not full chance of discrimination. can this matter be resolved or put before the high court for justice. how long regular work on contract basis can be taken from a employee.
Anonymous
28 April 2011 at 13:55
Please let me know what are the components currently followed for calculating Minimum Wages. Is it only Basic or we can say Basic + HRA (or we can add any other components). Please clarify
Anonymous
28 April 2011 at 13:43
Sir i was working in a department of youth affairs and sports and duly appointed by a selection committe duly constituted along with me 7 other accountants were also selected and they all are working on regular posts. In 1999 my services were terminated on the ground that i was working in a project and the project has come to an end. the matter is pending in high court lucknow bench. Through RTI i got information from the department that on the post which i was working is still vaccant. Can i get befifitted from this.
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job relates to dieingharness scheme
Respected sir
I am sending this message for my wife , whose brother dead while working as a class IV servant in the kerala agricultural university,. He was an unmarried man . he was the only earning member of the family. The husbands of both sisters are un employed. Recently I heard about the new govt GO relates to ding harness job as per the new order is she deserve the job of her brother. I expect a reply soon
Thanking you
Pradeep