CHETAN VERMA (DEO) 06 July 2013

Termination from job.

Sir,

We all 3 persons are woking under contract at Ordnance Factories Institute of Learning Ambajhari Nagpur (Government of India - Ministry of Defence - Ordnance Factory Board) from last 7.6 years as Data Entry Operator / Computer Operator.

On 30 June 2013, management tell as currently your contract are not done in future we will intimate you accorindgly.

The process of supply order of Contract are done such as tender opeining, CST, Accounts Approval etc. and the lowest is M/s Jaipuria.

On 01 July 2013, the management has appointed new Data Entry Operator.

please give guidlines for us........................

thanking you.

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3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 06 July 2013

As per the clauses of contract the parties must follow.

Hemang (Advocate) 06 July 2013

Was it a "tender contract" for data entry, or an "employment" in the Organization? If it was a tender contract, the terms and conditions in the contract would occupy the field. However, at the same time, a contract can be concluded at any time. And the Government, or the Organization is free to enter into a new contract. It can award a contract, or tender to any other persons subject to fulfillment of "eligibility criteria", or the terms of tender. (This is in relation to the open tender) However, if you were appointed in a capacity as an "employee", and some new persons have been preferred over you, you have some case against the Organization. You can resort to remedies under Industrial Law. This may be possible, provided you were employee and more particularly, you did invest considerably long span in service. Your issue is not happily drafted. However, I have made clear distinction in both the contigencies or probabilities.