Getting permanent to last employment

Question

► I am 62 years old retired employee I was appointed in Indian inst.of maritime studies purely on 1 year contract basis on 15.05.2008 on 01.04.2009 IIMS closed in its place Indian maritime university mumbai campus existed now i had been appointed on contract basis from July 2009 till 31082017 on July 2017 Indian maritime university mumbai campus closed and 2 separate campus ie imu navi mumbai campus and imu mumbai port campus existed As I was worked in lbs so I had been shifted to imu mpc since 01.10.2017 till 01.10.2018 I was on contract basis but after that management transfer all employee in outsourcing basis on condition employee can not claim gratuity Contract at 3 places no gratuity or no pf facility given by imu But imu mpc retired me on the spot by giving instruction on 04.06.2026 on accountbi crossed age 60 years I must be retired No pf,no gratuity ,no pension no salary actually employee in academic section is upto 65 years but imu mpc not follow that rule So I want ask can I claim permanent job since may 2008 till 04 6.2026 it means can I get all facility of permanent employee Or not for this is wish file case against imu mpc in mumbai high court If not possible then appoint my daughter as permanent employee in my place i am ready to leave all claim

Answer 1

Dear Client,

Based on your legal issue, I suppose that you are referring to your hiring contract. As per the Supreme Court ruling, temporary, contractual, or outsourced employees cannot claim their right to permanency.

You can claim your right to PF and gratuity as an employee; as for claiming gratuity, any employee who has continuously worked for a period of 5 years can claim gratuity, as well as PF.

If the 65-year rule of retirement is mentioned in the contract, then you cannot be fired on the spot, as this will be a wrongful termination of the contract.

As per your claim for the appointment of your daughter, it cannot be done because, for open or contractual hiring, this is an exception.

You have the right to send a legal notice to the Indian Maritime University-Mumbai Port Campus (IMU-MPC) for clearing all your dues, your gratuity, and your PF money.

You can also file a complaint with the Labour Commission if, within a 15-day period, the salaries, gratuity, and PF money are not cleared by the concerned authorities.

Lastly, you have the option of filing a writ Petition in the Bombay High Court.

Hope this helps!

For further legal assistance, do not hesitate to contact us.

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Getting permanent to last employment

1 Answer