Termination of our service
Querist :
Anonymous
(Querist) 02 April 2011
This query is : Resolved
We have been recruited in a PSU company as an assistant engineer in a fixed tenure basis(2 year+1 year) which will be terminated after the completion of the project or time which ever is earlier.
After completing 2 years of our service ,some ftb(contract) employees have been terminated .and rest of the employees have given 6 months extension.
My question is that is this possible to anticipate a regular position in the same PSU .
2-In the agreement of employment it has not been said that our service contract could be terminated before this because the project havnt been ended yet neither the time i.e 3 year?
3-We are in the firm for about 2 years 3 months but nothing preferences have been given to us like for the recruitment of regular employee for the same post ,we have to compete as all india recruitment basis without wiving any preferences.
R.Ramachandran
(Expert) 03 April 2011
Prima facie, if the terms of the contract says that the term of contract would be either 2+1 year or end of the project whichever is earlier, and if neither of the condition is fulfilled, then the termination may not be valid and can be successfully challenged.
As regards your second query, whether any permanent position can be anticipated in the PSU, the answer is 'NO'.
If the recruitment is based on all india basis, and if no weightage is given to you for the services rendered on contract basis, one cannot complain against the same. Rather, since you have experience in the same field, you should be in a better position to be successful in the all india recruitment process without any such weightage.
Advocate. Arunagiri
(Expert) 03 April 2011
Your employment is only on contract based. So, you have no right for claiming a permanent position based on this contract.
But, you can apply to the same PSU, for the regular appointment. You will have a chance.
Guest
(Expert) 03 April 2011
I fully agree with Mr. Ramachandran. You can get discretionary preference in recruitment if any such is made in future but not as a matter of right.
