Unqualified Person Appointed On Ad-Hoc Basis Cannot Claim Right To Continue In Employment As A Matter Of Right
Case: Dinesh Kumar V. University Of Delhi & Ors.
Coram: Justice Chandra Dhari Singh
Case No.: W.P.(C) 8449/2009
Court Observation: “Upon having perused the records of the case and having analysed the facts of the case at hand, it emerged that the petitioner did not meet the qualification criteria and necessary certification. Despite the opportunities granted, he failed to undergo the requisite professional or skill-based training and failed to furnish the certificate for the same. As such, an employee on daily wages or appointed on an ad-hoc basis, as a matter of right, cannot claim to be employed for a position to which one is ineligible.”
“Non-entertainment of the writ petitions in such cases is a manifestation of self-restraint by the High Court to avoid the exercise of extraordinary powers in each and every case at the throw of a hat, and to reserve the same for cases where the interests of justice and the Court’s conscience requires them to be exercised…This Court is also of the opinion that in a writ petition, delay/laches or mere technicalities should not be the basis for denying of relief and dismissal of the petition.”
“Industrial Disputes Act is a self-contained umbrella legislation that covers the panorama of employer-employee issues in the industrial space. As such, the benefits of the welfare legislation must be utilised by the aggrieved employees. Although alternative remedy is not a bar, the trend of directly approaching the High Court by way of a writ petition without having availed the statutory remedies, needs to be checked and frowned upon. “
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Keywords
Unqualified Person Appointed On Ad-Hoc, Employment As A Matter Of Right
