JAMMU, Sept. 29 -- "Contractual clauses that deprive employees of fairness can be struck down when there is unequal bargaining power between the State and an individual. The applicant herein had no bargaining power and was compelled to accept repeated extensions on the department's terms. To deny her regularization despite continuous services against a clear vacant would amount to arbitrary and unequal treatment violating Articles 14 and 16 of the Constitution of India.", observed the CAT.
The Central Administrative Tribunal, Jammu Bench, Jammu, comprising Hon'ble Mr Rajinder Singh Dogra (J) & Mr Ram Ram Mohan Johri (A) while pronouncing landmark judgment regarding the rights of the contractual/academic appointments to claim regularization...