Employment contracts not equal to business transactions: CAT

Srinagar, Mar 28:  The Central Administrative Tribunal (CAT) in Srinagar on Thursday observed that the contract of employment could not be equated with a mercantile transaction between the two businessmen.

“True it is that the employees cannot be equated with goods which could be bought and sold nor could contract of employment be equated with a mercantile transaction between the two businessmen, particularly between the powerful employer and a weak employee,” said an order by a division bench comprising M S Latif, Member (J), and Prasant Kumar, Member (A).

The tribunal observed while dealing with a plea of four petitioners among whom three were engaged as guest faculty in the Information Technology Department and one in the Department of Medical Lab Technology in Government Polytechnic for Women, Srinagar and later transferred to Kashmir Government Polytechnic College, Gogji Bagh, temporarily with usual practice during the academic session May to June 2023 and November to December 2023.

The counsel for the applicants submitted that she would be satisfied if the petition was disposed of with the direction that the respondents (authorities) would not replace the petitioners with a similar arrangement.

She submitted that the prayer made in application was innocuous as such, and could be disposed of at the pre-admission stage.

The counsel cited a batch of judgments in support of her contention including the celebrated judgment of Ratanlal versus the State of Haryana.

“Accordingly, the respondents are directed not to replace the petitioners by similar arrangement,” the court said.

However, it is made clear that the respondents (authorities) are free to fill up the posts following the law only by a regular appointment as and when the process is initiated by the competent authority.

The four petitioners had approached the tribunal through Advocate Shams-un-Nisa.