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Termination of contractual job can be challenged in court – SC
Case Law Details
- Case Name
- GRID-CO Limited & ANR. Vs. Sri Sadananda Doloi & Ors. (Supreme Court of India)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- Supreme Court of India
There has been a notable shift from the stated legal position settled in earlier decisions, that termination of a contractual employment in accordance with the terms of the contract was permissible and the employee could claim no protection against such termination even when one of the contracting parties happened to be the State. Remedy for a breach of a contractual condition was also by way of civil action for damages/compensation.
With the development of law relating to judicial review of administrative actions, a writ Court can now examine the validity of a termination order passed by publ...
I WAS SEARCHING FOR the SC ruling about ILLEGAL TERMINATION OF contract employment for a fixed term arbitrarily in the private or semi private sector. It would be unfair to allow any employer the power to illegally or unlawfully terminate a contract employment. But if such a ruling exists, it needs immediate correction. In India, 80% employment is in what is called “informal sector”, which means oral as well as written contract employment. India stands at number 185 in a group of 195 countries in observing contracts. There must be some law to put sense in the heads of employers indulging in “unfair employment practices in India”. The courts in America and other countries have ruled clearly in the matter but in India a legislative vacuum exists vitiated by such blanket power to the employer to unlawfully terminate it. Some Pro Bono Advocate has to come forward in public interest to file a Writ or PIL in the SC to correct such a flawed ruling immediately.
I want to know about high court time limit for stay. after termination from government job .
I want to know about high court time limit for stay. after termination from government job .
Thank you for highlighting the matter tax guru,my dad Late Shri Sadananda Doloi fought a long battle against the unconstitutional provisions in job contract from what I understood when I was very small,i want to continue the fight against any form of unconstitutional contractual employment,for the betterment of employment conditions in our country.
Sir,
The contractual employees are really with the mercy of employer. They donot have any self respect and constitutional rights. With same qualification, procedure when one has selected but appointed as a contractual employee , Why our lae makers are not take actions in such cases? Why judicial system suo-motto not taking any action to stop any contractual appointments in government offices. What will happen it will implement to a Judge??????????