Courts Update Allahabad HC stays UP Higher Education Service Commission, Prayagraj...

Allahabad HC stays UP Higher Education Service Commission, Prayagraj order, compelling a contract worker to join outsourcing service of the same contractor.

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Allahabad, Sept 27 (ILNS) The Allahabad High Court on Friday stayed the order of Uttar Pradesh Higher Education Service Commission, Prayagraj, which compeled the computer operator working as a contract worker for the last 10 years to join the outsourcing service of the same contractor.

A Single Bench of Justice Ashwani Kumar Mishra passed this order while hearing a petition filed by Mahaoob Ali.

The Petitioner alleged that he was engaged as a Computer operator on contractual basis by the Uttar Pradesh Higher Education Services Commission in the year 2011. He has been working satisfactorily for the Computer operator on
He is aggrieved by a resolution of the Commission, dated August 16, 2021 and consequential order dated September 2, 2021, which compels the petitioner to join as an outsourced employee of a contractor.

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.

The Court granted six weeks time to the respondents to file a counter affidavit. Rejoinder affidavit may be filed within two weeks thereafter, the court said.

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, directed the petitioner to function as an outsourced employee through a contractor, shall be kept in abeyance.

The petitioner shall be allowed to continue in the employment of the Commission in the manner as was being done earlier, the court directed./ILNS/AP/SNG/

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