Excelsior Correspondent
SRINAGAR, Dec 1: High Court today restrained the Social Welfare Department (SWD) from bringing its employees on the rolls of outsourcing agency and directed they shall be allowed to continue on their present positions.
Hundreds of employees have approached the court challenging the condition No. 3 (The employee be brought onto the rolls of an outsourcing agency to avoid future litigation. The directorate will deal directly with outsourcing agency only and will not have any direct link with the hired employees.), 4 (A fresh contact for one year shall be entered with those whose services are extended through the outsourcing agency subject to satisfactory performance), 5 (A five day break be given before between the old and the fresh contract.) and 7 (The fresh contract shall clearly lay down the performance parameters and the conditions of engagement including discontinuance of services in case of non performance, non availability of funds, discontinuation of scheme by GoI etc, no claim on permanent employment, validity of one year etc.) contained in the Communication dated 21.11.2022 issued by Social Welfare Department of the Government of UT of J&K in terms whereof a decision has been conveyed to bring these employees on the rolls of outsourcing agency.
“Till next date of hearing before the Bench, the respondents shall allow the petitioners to continue at their present positions in terms of the existing conditions of the contract of engagement without insisting upon the condition No. 3 of the impugned communication”, Justice Sanjay Dhar directed.
Court after hearing the senior counsel issued notice to Secretary Ministry of Woman and Child Development, New Delhi, Commissioner/ Secretary to Government Social Welfare Department, Under Secretary to Government Social Welfare Department and Mission Director Mission Vatsalya J&K, Srinagar/Jammu.
The notice, however, was waived and accepted by advocate TM Shamshi, DSGI and Faheem Shah on behalf of the respondents. Court directed them to file their reply by next date of hearing.
Advocate General also entered appearance for and on behalf of Government of J&K UT and submitted before the court that these employees have no right to seek their continuation as contractual employees as their contracts have expired and their further extension has been made subject to condition made in the impugned communication.
Advocate Qadri argued that a contractual employment cannot be substituted by another set of such employees because the impact of the impugned actions sought to be undertaken by authority is to replace the Petitioners by putting them on the Rolls of an Outsourcing Agency.
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