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SUBODH ABHYANKAR
Dheeraj Jayaswal, S/o. Shri Swatantra Jayaswal – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER :
Subodh Abhyankar, J.
Heard finally.
2. This order shall also govern the disposal of the other connected writ petitions as all of them have arisen out of same order dated 23-12-2022, whereby the services of the petitioners have been terminated.
3. In brief, the facts of the case are that these petitions have been filed by the petitioners, who are contractual employees, under Article 226 of the Constitution of India against the order dated 23-12-2022 passed by the respondent No. 3 Chief Municipal Officer, Municipal Council Manawar, whereby, the services of the petitioners have been done away with on the ground of paucity of funds.
4. Counsel for the petitioners has submitted that for instance, Dheeraj Jaiswal, the petitioner in W.P. No. 260/2023 was working since 2019 and was getting a salary of Rs.12,818/- and his services have been terminated without even issuing a show cause notice, and no opportunity of hearing has been provided to him. Counsel has also submitted that in similar circumstances, the co-ordinate Bench of this Court at Jabalpur in W.P. No. 22877 of 2022, vide order dated 21-8-2023 has allowed the petition and has also held that financial difficulty cannot be a gro
Financial difficulties justify the termination of temporary contractual employees without notice, and such cases should be addressed under the Industrial Disputes Act.
petitioners who are not employed by the Surat Municipal Corporation cannot claim regularisation or any benefit as prayed in this petition as they were employed by the contractor or agency through the....
The main legal point established is that the termination of a service contract for contractual employees must be in compliance with the terms of the contract and the Indian Contract Act, 1872.
Contractual employee terminations deemed stigmatic require compliance with natural justice, including issuing a show cause notice before termination.
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