ADITYA UPADHYAY Vs. NATIONAL INSTITUTE OF FASHION TECHNOLOGY

JUDGEMENT

(1.) This Appeal under Section 2(1) of the M.P. Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 is directed against the order dated 09.01.2020 passed in Writ Petition No.6105/2016.

(2.) By the said order learned Single Judge finally disposed of two Writ Petitions, viz. W.P.No.6105/2016 and W.P.No.17504/2018.

(3.) Whereas, W.P.No.6105/2016 was directed against the order dated 22.02.2016, whereby, the contractual service of the Appellant (hereafter referred to as 'Petitioner') was directed to be dispensed with effect from 1.04.2016. The Writ Petition No.17504/2018 was for a direction to the employer for extension of contractual period, wherein learned Single Judge declined to issue a mandamus for extension of contractual period, holding that "the petitioner cannot claim/seek extension of contract as of right as the respondent/NIFT has not extended the term of contract. Clause 10 of the terms and conditions of contract appointment provides that after expiry of the contract term, the employment shall stand terminated automatically unless the same is extended in writing by NIFT. It is clear from the reply of the respondent/NIFT that the employer has lost faith and confidence in the employee. Under the circumstances, the respondents cannot be enforced to extend the period of employment of the petitioner." The petitioner evidently, having not challenged the order passed in Writ Petition No.17504/2018, has allowed the order to attain finality.