IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ARUN MONGA, J.
Ashok Kumar S/o Shri Kolu Ram – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Civil Writ Petition No. 15614 of 2018
Decided on : 11-01-2024
Contractual Employee - Termination of Services - The court held that a contractual employee does not have the same rights as a regular employee and cannot seek forced continuation of services if the employer is unable to afford the services or if the services are not required. The court also mentioned that the petitioner's rights are confined within the terms and conditions of the contract, and no mandamus can be issued to continue the services if there is no violation of the contract.
Fact of the Case:
The petitioner, a contractual security guard, had his services terminated due to financial inability of the Gram Panchayat and no requirement of services on the post.
Finding of the Court:
The court found that as a contractual employee, the petitioner's rights are confined within the terms and conditions of the contract, and no mandamus can be issued to continue the services if there is no violation of the contract.
Issues: Termination of services of a contractual employee due to financial inability and no requirement of services on the post.
Ratio Decidendi: A contractual employee cannot seek forced continuation of services if the employer is unable to afford the services or if the services are not required, and the rights of a contractual employee are confined within the terms and conditions of the contract.
Final Decision: The writ petition is dismissed, and no mandamus can be issued to continue the services of the petitioner.
ORDER :
1. The writ petition herein is by a contractual security guard. He had served for a period of three years with the Gram Panchayat Salariya, Panchayat Samiti Rani Station, District Pali. His services were terminated vide impugned order dated 06.09.2018 (Annexure.13) stating that due to financial inability of the Gram Panchayat, as well as, there being no requirement of services on the post in question, the services of the petitioner are being terminated.
2. I have heard the contentions of learned counsel for the petitioner vis-a-vis those of learned counsel for the respondents.
3. Concededly, the petitioner was a contractual employee and, therefore, his rights are confined within the four corners of the terms and conditions of the contract. A contractual employee cannot, as a matter of right, seek parity with an employee who is in regular employment. To that extent, he does not have protection of any service rules. Suffice for the purpose, as long as there is no violation of the terms and conditions of the contract, he cannot seek forced continuation, even if employer is unable to financially afford his services and/or otherwise his services are not required.
4. In the premise, no grounds for interference is made out. No mandamus can be issued to the respondents to continue the services of the petitioner for the reasons stated in the impugned order which are self explanatory i.e. the financial inability of the Gram Panchayat as well as there being no requirement on the post in question.
5. In the parting, I may hasten to add that, in future in case the Gram Panchayat, Salariya, Panchayat Samiti Rani Station, District Pali is in need of services on the post in question, they shall sympathetically consider the application of the petitioner, if he approaches them.
6. The writ petition is dismissed accordingly.
7. Pending application(s), if any, shall also stand disposed of.
Financial difficulties justify the termination of temporary contractual employees without notice, and such cases should be addressed under the Industrial Disputes Act.
Court upheld employment continuity for ex-servicemen amidst contractual transitions, allowing them to join new employer while preserving rights related to salary disputes.
Contractual employee terminations deemed stigmatic require compliance with natural justice, including issuing a show cause notice before termination.
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