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Thursday, November 18, 2010

Casual employees cannot claim employment as a matter of right

Casual employees cannot claim employment as a matter of right,CAT

A temporary employee or a casual wage earner cannot claim permanent appointment merely because he served beyond the period for which he was recruited, the Central Administrative Tribunal has held.
"Merely because a temporary employee or a casual wage worker is continued for a time beyond the term of his appointment, he would not be entitled to be absorbed in regular service or made permanent," a bench of members M Chibber and AK Mishra said.
The Tribunal passed the order on an application by Umrav Singh Rawat, a temporary employee of Directorate General of Central Excise Intelligence, seeking regularisation of his services.
Rawat had contended that despite working satisfactorily, his services were terminated suddenly by the Directorate without giving him any notice.
The Directorate opposed Rawat's plea on the ground that the temporary status granted to him was withdrawn as his services were no longer required by it and being a contractual employee, he could not claim regularisation as a matter of right.
Citing an apex court ruling, the tribunal said casual employees cannot claim employment as a matter of right.
"It is clear that a person who is engaged on casual basis has no right to continue. His engagement comes to an end when it is discontinued," it said.
Source-pti

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