SANGHAMITRA MOHANTY Vs. HSCC (INDIA) LIMITED AND ANR

JUDGEMENT

(1.) Vide the present writ petition, the petitioner seeks the following directions to respondents :

(2.) The brief facts of the case are that pursuant to an advertisement dated 10.06.2015, issued by the respondent No. 1, for filling up the various posts on immediate absorption/on contract on regular pay scale, the petitioner applied for the post of Assistant Manager in the IDA pay scale of Rs.16400-40500 on contract basis for a period of two years from the date of taking up the employment with starting pay @ Rs.16400/- per month as per the terms and conditions set in the offer for appointment. Consequent upon the petitioner's acceptance for offer for appointment letter dated 07.10.2015, the petitioner was appointed as an Assistant Manager in the IDA pay scale of Rs.16,400- 40,500 on contract basis with starting basic pay @ Rs.16,400.

(3.) In the appointment letter dated 07.10.2015, it was specifically stated that the employment will be on contract basis for a period of two years from the date of employment and the same would be terminable either as a result of non-renewal of the contract or on expiry thereof; unless renewed mutually, depending upon performance and requirement of the company. The appointment letter clearly stated that during this period of contract of employment, the service of the employee can be terminated any time by giving one months notice or pay in lieu thereof without assigning any reason by either side. The Management however reserved the right to decide the actual date of relieving depending upon the exigency of work/completion of pending work entrusted to the petitioner and furnishing 'No Demand Certificate' and return of any items of tools property of the Project/Company at the disposal of the petitioner. The appointment letter also stated that notwithstanding the above terms and conditions of appointment on contract basis, the petitioner shall be eligible for consideration for absorption on regular basis; subject to availability of vacancy and consistent record of satisfactory performance as per provisions under the Company's Recruitment Rules.