Contractual employement
Rajiv Kumar Singh
(Querist) 09 December 2013
This query is : Resolved
Dear sir,
I am working as a contractual employee with an Autonomous body under ministry of health & family welfare.
Earlier there was a contractor involved in between the Authority and Employees and we were getting salary from contractor.
But w.e.f 01.01.2013 The Authority employed us directly and paying us the salary after deduction of TDS @ 10% under 194J of income tax act, 1961. The contract was for 1 year and it is about to renew for another 1 year with an increment of 7% .
I have 3 Questions in my mind:-
1. Can an autonomous body absorb the employees working there as contractual employees as the posts were not filled with regular employees for more than 1 year now ?
2. I have heard that SC said for Equal payment for equal work. According to that we are working at the post of having a grade pay of Rs. 4200/- on which salary comes to Rs. 33000/- per month where as authority is paying only Rs. 22500/- after deduction of Tax of Rs.2500/- per month. so are we eligible for the upgraded salary ?
3. Th authority is not deducting any PF or ESI etc whereas we are around 150+ contractual staff working with the authority since its establishment from 2008. What is the future of the employees ?
Regards
Rajiv
Nadeem Qureshi
(Expert) 09 December 2013
contact a lawyer personally for best advise.
R.K Nanda
(Expert) 09 December 2013
consult local lawyer.
Rajendra K Goyal
(Expert) 09 December 2013
1. Absorption (in other words back door employment) is only under policy. If continuous contractual service for long time such demand can be presented before the management.
2. Better continue the service, any demand like this would turn you out, a large no. of candidates are waiting to work even on less pay. Department must be paying as per rules.
3. PF etc. is for permanent employees, wait till you are regularized.
Rajiv Kumar Singh
(Querist) 10 December 2013
ok... Rajendra
will wait ...lets see what govt. hold for us
Thanks
Kumar Doab
(Expert) 14 December 2013
You may go thru:
>> Prolonged Contractual job is exploitation
Delhi High Court
Dr. Radha Dubey vs Government Of National Capital ... on 21 December, 2009
And
Supreme Court of India judgement : Radha Dubey Vs. Govt. of NCT of Delhi & ors. in c.c.no. 10388/2010
>> Artificial Break in FTC
Bombay High Court
Sudhir R. Koli And Ors. vs Maharashtra Pollution Control ... on 1 July, 2004
You may download the service codes and regulations of the establishment, standing orders, service rules, etc and show it your labor consultant/service lawyer and give inputs in person.
The lawyer that has seen all of your docs and has analyzed your inputs can advice you the best on merits and remedies.
Such matters should preferably be taken up thru Unions.
