Back
SURESH KUMAR KAIT, VIVEK JAIN
Darvari Singh Sareyam – Appellant
Versus
State of M. P. – Respondent
ORDER
Kait, C.J. -- 1. These intra-Court appeals preferred under section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 have been directed against the common order dated 11.1.2024 passed by the learned Single Judge in a batch of five writ petitions relatable to these appeals. For the sake of brevity, parties to these appeals are, hereinafter, referred to as per their nomenclature in the writ petitions.
2. WA No.898 of 2024 herein has been filed by some of the writ petitioners in WP No.11632 of 2020 whereas WA No.897 of 2024 has been filed by the writ petitioner in WP No.17794 of 2020. They are aggrieved by the part of the impugned order passed the learned Single Judge which allows the respondents/National Health Mission, Madhya Pradesh (hereinafter referred to in short as “the NHM”), to hand over their services to the outsourcing agency and accordingly, a direction has been sought against the NHM to maintain their original service conditions and permit them to work directly under the NHM.
3. Per contra, remaining writ appeals, in hand, have been filed by the respondents/National Health Mission for setting aside of the impugned order passed b
Contractual employees do not have an inherent right to contract renewal; their rights depend on explicit terms. Outsourcing policies are typically non-reviewable by courts.
Termination of outsourced employees merged into APCOS deemed illegal; court directed continuation of services and payment of due salaries.
The central legal point established in the judgment is the determination of the employer-employee relationship under the Minimum Wages Act, 1948, and the liability for payment of wages and overtime.
Contractual employees can be subject to transfer if explicitly stated in their employment contract, limiting rights akin to permanent employees.
The main legal point established in the judgment is the entitlement of temporary employees to wages at the minimum of the pay-scale extended to regular employees holding the same post, based on the p....
The court upheld the contractual nature of the petitioners' services and found the appointment of the private agency to be in compliance with the NULM scheme.
The central legal point established in the judgment is the prohibition of inter-district transfer under NHM Policy and the locality-specific nature of contractual engagements under NHM.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
