Case Note & Summary
The petitioners, fifteen individuals, were appointed as temporary employees by the Brihanmumbai Municipal Corporation (BMC) for a fixed period or until the return of regular employees. Their services were terminated without notice. They filed a writ petition under Article 226 of the Constitution of India challenging the termination as illegal and violative of Articles 14, 16, and 311. The court examined the terms of appointment, which clearly stated that the appointment was temporary and could be terminated without notice. The court held that temporary employees have no right to the post and termination in accordance with the contract terms is valid. The court also held that Article 311 applies only to persons holding a civil post under the Union or a State, and temporary employees do not have a right to the post. The court further held that a writ petition is not maintainable for breach of contract of employment; the remedy lies in civil court. The petition was dismissed with no order as to costs.
Headnote
A) Service Law - Temporary Employment - Termination - Petitioners were appointed as temporary employees by the Brihanmumbai Municipal Corporation for a fixed period or until the return of regular employees. Their services were terminated without notice. The court held that temporary employees have no right to the post and termination in accordance with the terms of appointment is valid. The court also held that Article 311 of the Constitution does not apply to temporary employees. (Paras 1-10) B) Constitutional Law - Articles 14, 16, 311 - Applicability to Temporary Employees - The court held that Articles 14 and 16 do not confer a right to continue in service for temporary employees. Article 311 applies only to persons holding a civil post under the Union or a State, and temporary employees do not have a right to the post. (Paras 5-8) C) Writ Jurisdiction - Maintainability - Breach of Contract - The court held that a writ petition is not maintainable for breach of contract of employment. The remedy lies in civil court. (Para 9)
Issue of Consideration
Whether the termination of temporary employees without notice and without hearing is illegal and violative of Articles 14, 16, and 311 of the Constitution of India.
Final Decision
The writ petition is dismissed. No order as to costs.
Law Points
- Temporary employees have no right to the post
- Termination in accordance with contract terms is valid
- No right to hearing before termination of temporary employee
- Article 311 not applicable to temporary employees
- Writ petition not maintainable for breach of contract
