Employer’s Can’t Terminate Contractual Employee without Notice: Kerala High Court
Justice Anu Sivaraman ruled that allowing contractual employees' services to be terminated without prior notice was unjustified.
HIGHLIGHTS:
- Justice Anu Sivaraman held to order that contractual employees cannot be fired
- The appellants worked as attendants and part-time sweepers at the Ayush NHM.
- Challenged their removal in the High Court.
- Anu Sivaraman said when the primary reason for termination was unsatisfactory performance they need to notify.
- Respondents contend that the petitioners were not appointed after the full process of selection was carried out.
Employer’s Can’t Terminate Contractual Employee without Prior Notice: Justice Anu Sivaraman Kerala High Court
The Kerala High Court’s Bench of Justice Anu Sivaraman held to order that contractual employees cannot be fired for poor performance without prior notice while hearing a petition of an attender-cum-par-time sweeper at a government dispensary.
Further, the bench added that contractual employees being terminated from service for “unsatisfactory performance” have to be first given notice regarding the same.
The appellants worked as attendants and part-time sweepers at the Ayush NHM homeopathic dispensary in Mananthavady, Wayanad district, Kerala. However, the appointments to the post were made after following the proper selection process, claim the appellants.
The ruling held by the High Court came while setting aside the termination order of the Urban Affairs Department of the state government in July 2022 for terminating the service of two persons who worked as attendees and part-time sweepers in the Ayush NHM Homeo Dispensary at Mananthavady .
However, their contracts were removed on the grounds that their work was “unsatisfactory.” Two contractual employees out of many challenged their removal in the High Court.
The court was also informed that orders were issued regarding the continuance of temporary employees and contract appointees during the COVID period.
Regarding this case, the court held while allowing the plea of two petitioners :-
Justice Anu Sivaraman said that if the primary reason for termination was unsatisfactory performance, even though the petitioners were contractual employees, they should be entitled to notice regarding it.
Their services could have been terminated only after the court rendered a finding that their work was not up to par,
“In the instant case, such findings are conspicuous by their absence,” the court said.
The bench further said that even if the petitioners were not appointed after a proper selection process, it was not in dispute that they worked at the dispensary from 2010 and 2016, respectively.
Therefore, the state government’s contention that they can be sent out of service on the specific ground of unsatisfactory performance without any notice or finding to that effect was “perverse,” the court said in its December 2, 2022, order.
“Even in case the respondents contend that the petitioners were not appointed after the full process of selection was carried out, it is not in dispute that they have been continuing in service on a contract basis from 2010 and 2016 onward, and the contention that they can be sent out of service on the specific ground of unsatisfactory performance without any notice or finding to that effect, according to me, is pervasive,” it said.
“There will be a direction to the respondents to permit the petitioners to continue in service as contractual employees in the 5th respondent (Mananthavady) municipality.
The Court said it is not in dispute that the petitioners were contract employees and that they did not have any claim for permanent appointment under the Panchayat. However, the question was with respect to their claim for continuance.
“However, this will not stand in the way of the municipality to take appropriate action against them in accordance with law after issuing due notice,” the court said.
Read Full Court Order and Download here
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