The Supreme Court Thursday said that uninterrupted prolonged employment on contract amounts to exploitation and government agencies are not expected to adopt such unfair practices.
The state or its instrumentalities which are expected to be the model employer are not expected to take advantage of their position and impose wholly inequitable and unreasonable condition of employment on the helpless and jobless employees, said an apex court bench of Justice G.S. Singhvi and Justice Asok Kumar Ganguly in their judgment.
The court said this while quashing the Delhi government’s order of 2007 dispensing with the services of doctor Radha Dubey who had been on contractual employment with the government since 1996.
The court said that employees like Dubey had no choice but to accept the appointment on unjust terms and conditions.
In the instant case, was appointed as medical officer for one year in 1996 and thereafter she was in uninterrupted service till 2007 when her contract was terminated.
Dubey went on leave from April 3, 2006. Upon expiry of her leave she sought extension on the grounds her widowed mother was sick.
Her application for extension was rejected and she was asked to report for duty July 31, 2006.
Dubey again applied for extension of leave and the same was rejected and her contract was terminated Nov 23, 2007.
Dubey lost her plea both before the Central Administrative Tribunal and the Delhi High Court.
The apex court said that both the tribunal and the high court did not address the important question whether the state has the power to employ a person on contract basis and continue her or him in that state for 10 long years.
The apex court in its interim order directed the government to restore her services immediately.