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Sanju Ghosal
Asked February 14, 2017

Employees in danger

  • 1 Answer
  • 289 Views

A University in west bengal recruited staffs after taking names from eleven employment exchanges in the year 2014 but there were no advisement in any media. Written examination and viva voce was held. Suddenly few person outside of said university filed a suit in court with a view that no advisement was held and as per case law of supreme court in 1999, publication of advisement in media is must for any recruitment. The case is in the court now. May I ask you if there is any merit of the case to sustain the jobs of aforesaid candidates who are already working and employed through employment exchange call? As an ordinary person, I have had the idea that employment exchange is a govt. concern and possesses responsibility to send names of unemployed persons for job but now I am confused about the matter. Kindly advice me about this case. Is there any provision/case law to protect the service of poor employees?

Answer 1

You are advised to file an affidavit at the High Court and claim relief under Article 226 of the constitution, which empowers the High Court to do complete justice in cases so needed. You can also request them to come up with at least an immediate and interim relief, citing any possible financial and other sorts of strain that you are going through.

It is indeed a regular practice that advertisements are to be issued for recruitments in government agencies. Generally, University rules In India themselves call for public advertisements to be issued for placements. 

However, under Section 2 (d) of the THE EMPLOYMENT EXCHANGES (COMPULSORY NOTIFICATION OF VACANCIES) ACT, 1959 , “employment exchange” means any office or place established and maintained by the Government for the collection and furnishing of information, either by the keeping of registers or otherwise for —

(i) persons who seek to engage employees,

(ii) persons who seek employment, and

(iii) vacancies to which persons seeking employment may be appointed

 

Under Section 3, the act will notapply in relation to certain vacancies.—

  •  in any employment in agriculture (including horticulture) in any establishment in private sector other than employment as agricultural or farm machinery operatives;
  •  in any employment in domestic service;
  •  in any employment the total duration of which is less than three months;
  •  in any employment to do unskilled office work;
  •  in any employment connected with the staff of Parliament.
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    So, if your job does not fall under any of the aforementioned categories, then your appointment via the Employment Exchange was not wrong, even if the university did not give advertisements. Also, it is to be noted that “recruitment” via Employment Exchange also involves notifying all people registered under Employment Exchanges and thus is also a type of public advertisement.

     

    Thus, you can ask the High Court to grant you any one of the following relief-

  • An immediate appointment in the university or at least in any other government office under the said job portfolio as compensation,
  • Financial aid i.e. compensation from the university, if the university is found to have been at fault by not calling for public advertisements as you lost out on alternate employment opportunities and are under fiscal strain.
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