Factors determining termination of a fixed term contract of employment
The petitioner was appointed as junior physiotherapist by the respondent university on a contractual basis. Initially the contract of employment was for a period of 6 months which was subsequently extended from time to time for over a decade. Later in 2022 her contract was refused to be extended further by the respondent university. Petitioner challenged this order in Punjab & Haryana High Court vide CWP-29101-2022 (O & M) wherein the High Court observed that the respondent university refused to grant extension ignoring the long service rendered by the petitioner along with good work and conduct hence the termination was arbitrary. The court also noted that the petitioner was appointed for a period of 6 months or till the regular incumbent joined the post. Following this the court ordered that the petitioner has right to continue in service till joining of a regular incumbent along with that the petitioner is also entitled to recover cost of litigation worth INR 75,000/-.
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