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Service Lawyer: An employee appointed on adhoc basis can be terminated without any notice; SC.

Supreme Court of India

Justice Hemant Gupta and Justice L Nageswara Rao

The SC {Wainganga Bahuuddeshiya Vikas Sanstha Through President v. KU. Jaya and Others} holds that an appointment on adhoc basis is temporary appointment, pending filling up of a vacancy on a regular basis, does not confer any right at par with the candidate appointed on regular basis. The services of an temporary employee can be dispensed with on account of unsatisfactory work by the employer. The decision to arrive at the unsatisfactory work is motive and not the foundation of termination of services.

In the said case, the respondent no. 1 was appointed on adhoc basis, and there was a condition in the appointment letter that if the performance is found to be unsatisfactory, service can be terminated without giving any notice. The respondent no. 1 was accordingly terminated by the appellant, the said order was set aside by the Division Bench of the High Court. The Supreme Court sets aside the judgment of Division Bench of the High Court, and held termination to be valid.

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