The Allahabad High Court has stayed the order of the Uttar Pradesh Higher Education Service Commission, Prayagraj, which compeled a computer operator working as a contract worker for the last 10 years, to join the outsourcing service of the contractor.
A Single Bench of Justice Ashwani Kumar Mishra passed this order on Friday, while hearing a petition filed by Mahaoob Ali.
The petitioner said he was engaged as a Computer Operator on contractual basis by the Uttar Pradesh Higher Education Services Commission in 2011. He had been working satisfactorily for the last 10 years.
He said he was aggrieved by a resolution of the Commission, dated August 16, 2021 and consequential order dated September 2, 2021, which compelled him to join as an outsourced employee of a contractor.
The Counsel for the petitioner submitted that having been directly engaged as a contractual employee, the Commission cannot compel the petitioner to continue in employment through an outsourced agency.
Prima facie the Court found no good ground for the Commission to compel the petitioner to function as an outsourced employee of a contractor engaged subsequently by the Commission. Matter requires consideration.
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“All the respondents are allowed six weeks’ time to file a counter affidavit. Rejoinder affidavit may be filed within two weeks, thereafter,”
-ordered the Court.
Till the next date of listing, the effect and operation of the resolution passed by the Commission, dated August 16, 2021 as well as consequential order dated September 2, 2021, in so far as it directs the petitioner to function as an outsourced employee through a contractor, shall be kept in abeyance, it added.
The Bench held that the petitioner shall be allowed to continue in the employment of the Commission in the manner as was being done earlier.