Termination of Temporary Employee : A Legal Analysis
Termination of Temporary Employee
As we know Management pass termination of the Temporary Employee even when misconduct is root cause of the termination of service.
Oral Termination of Service of Contractual Employee
Many times we notice that employer passed oral termination of service of contractual employee without assigning any reason.
Such Termination without reason is illegal specifically where employer passed termination order due to previous miscount committed by the employee.
Termination of service without inquiry
When any employer wants to terminate the services of the temporary employee on the basis of the misconduct.
Such Termination Order should have a base of inquiry report or proceedings because without holding inquiry, termination order is invalid.
Termination of Service due to Misconduct
If the Management or Employer feels that their employee committed misconduct and they want to terminate his services.
In such cases Inquiry proceedings is mandatory before passing such termination order against temporary employee.
Right of Temporary Employee
Although, Article 311 of Constitution may protect or may not protect the services of the temporary employee.
However, Principle of Natural Justice protects right of temporary employee which gives opportunity to the charged officer.
Ad Appointment or Temporary Employee Cannot be Replaced by another Set of Temporary Employee
The Hon’ble Supreme Court observed that Management cannot replace temporary employee by another set of temporary employee.
The ad hoc employee or temporary employee must be replaced by only by a regular selected employee.
This is necessary to avoid arbitrary action on the part of appointing authority.
Case Reference : State of Haryana vs. Piara Singh, AIR 1992 SC 2130
A Person Should not be Kept in Temporary services for a long Period
The State should not keep an employee in temporary or ad hoc service for a long period, it should take steps for his regularization.
Case Reference : Dharwaad Association vs State of Karnataka, 1990 (2) SCC 396
Employee continued in Long service cannot be termed as Temporary or Casual Employee
The employees engaged and continued for years together cannot be termed as temporary employee or casual employees.
Case Reference : Principal Exploration Corporation Employee Union vs. Mineral Exploration Corporation Ltd and Anr, 2006 (6) SCC 310 (323)
Supreme Court Judgments on Temporary Service
Any employer or organization can terminate the services of a civil servant appointed on temporary basis on any valid ground without any enquiry.
The enquiry is, however, mandatory for removing a temporary civil servant for misconduct.
Case Reference : Kanhialal v. District Judge, SLR 1983( 1) SC 621.
Frequently Asked Questions on Temporary Service
(a) Whether the Principles of Natural Justice also applicable to temporary employee ?
Ans. Yes, the principles of natural Justice is applicable to temporary employees.
(b) Whether Article 311 of Constitution of India apply to the temporary employee ?
Ans. Article 311 will apply where employer pass termination order on the basis of misconduct. In such situation authority will not terminate employee without holding inquiry.
(c) I am ad hoc teacher and Management is not giving me salary and allowances during summer vacation. Is this legally correct ?
Ans. The Supreme Court in its judgment held that denial of salary and allowances to ad hoc teacher during summer vacation by resorting fictional break is illegal. Not only this is illegal but also denial of maternity or medical leave is also illegal. (Ratan Lal vs. State of Haryana, AIR 1987 SC 478)
(d) I am temporary employee on ad hoc basis. Am I not entitled to equivalent salary attached to that post ?
Ans. Yes, If a person is appointed on ad hoc basis in that event, he is entitled to minimum pay attached to the post. [State of Punjab & Ors vs. Jagjit Singh, (2017) 1 SCC 148]
Read More : Disciplinary Proceedings – Supreme Court Judgments
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