What will be the remedy?

Querist : Anonymous (Querist) 29 November 2010 This query is : Resolved
I am working on adhoc basis for last 12 years have filed the case against my employer and the petition is pending in the C.A.T Last week my head of office has informed that he had received the communication from the employer that I shall not be permitted to work in the Office as I was not given further adhoc extension. I asked for the copy of the order but I was refused and advised that I should contact the administration of my employer .I send the letter but I received no reply

Before the Hon'ble bench of CAT, I filed the petition in the form of Miscallneous Application pleading to make stay on the verbal directions given to me. But the bench didnot entertained my plea and informed that on verbal directions such order cannot be passed. The counsel of the respondents too admitted that that there was no such order

But in reality there was an order which was not given to me but has been informed verbally and the counsel may not be awre of the recent updates

What remedy should I have to adopt in such circumstances

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s.subramanian (Expert) 29 November 2010
File a petition seeking an undertaking from your employer that there is any order in writing or not. you also seek the production of such order in CAT if there is any.

Kirti Kar Tripathi (Expert) 30 November 2010
Whether there exists any order in earlier petition. in case, there exist no order, the services of Ad-hoc employee can be terminated. there is no bar. However, if the their exist any scheme for regularization in the establishment and your petition for regularization is pending in CAT on the basis of said scheme, You can file a fresh petition challenging termination on malafide action of your employer. I think, you will get relief.

Khaleel Ahmed Mohammed (Expert) 03 December 2010
well advised.

Advocate. Arunagiri (Expert) 03 December 2010
Ad hoc employee can be terminated. You dont have vested rights for regularizing. But, the authority is having the right to regularize or reject your case after consideration.

Querist : Anonymous (Querist) 04 December 2010
Thanks for your advice, I have filed the fresh PETITION in the CAT to pass order against employer seeking an undertaking whether such order passed by the employer and to produce the same in the Court

My previous petition has already been pending which has been remanded to the CAT .If the previous order is uphold that my services will regularised

I do agree that adhoc employee have no vested right but here is the lapse from the side of employer who has kept my candidature in dark when the selection committee has declared the list for selected candidates. The CAT has given the order for regularisation of services but the employer has moved to the High court for stay on the order which was remanded back

The employer inter alis has terminated my services woithout giving me any order in writing

Regards

Kirti Kar Tripathi (Expert) 06 December 2010
under these circumstance, you have to file fresh petition challenging your termination.

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