Plea for Omission of Clause 58(3)relating to termination of employees inthe NMC Bill 2017
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Subject: Humble Prayer for Deletion of provision related to termination of services of MCI Employees in Section 58(3) from National Medical Bill Commission 2017 - regarding.
We the employees of Medical Council of India are aggrieved by the following Section 58(3) of the National Medical Commission Bill, 2017 that is as under:-
"...... Provided further that any officer or other employee who has been, immediately before the dissolution of the Medical Council of India, employed on regular or contractual basis by the Medical Council of India, shall, on and from such dissolution, cease to be the officer or employee of the Medical Council of India and his employment in the Medical Council of India stand terminated with immediate effect:
Provided also that such officer or employee of the Medical Council of India shall be entitled to such compensation for the premature termination of his employment, which shall not less than three months' pay and allowances, as may be prescribed."
We wish to submit for your kind consideration that presently there are 109 regular employees serving the Medical Council of India. The above provision, if implemented would have disastrous consequences for these employees.
We respectfully submit that the Medical Council of India being a statutory authority constituted by the Central Government is an instrumentality of State and thus falls within the meaning of Article 12 of the Constitution of India. By virtue of conferment of ‘permanent’ status we have been guaranteed security of tenure. It is settled law that the services of a permanent employee, whether employed by the Government, or Government company or Government instrumentality or Statutory Corporations or any other “Authority” within the meaning of Article 12, cannot be terminated abruptly and arbitrarily, either by giving him a month’s or three month’s notice or pay in lieu thereof or even without notice, notwithstanding that there may be a stipulation to that effect. The aforesaid provision violate of Article 14 of the Constitution of India, and being discriminatory, to the employees of the Council. It completely compromises the concept of welfare State enshrined in the Constitution, and thus such provision ought not to be part of any legislation.
We all humbly request the Government of India to delete/omit the aforesaid provision from the National Medical Commission Bill 2017 and safeguard our livelihood and future.
All Employees of Medical Council of India
Medical Council of India,
Pocket -14, Sector-8,
Dwarka, New Delhi – 110077
Email : email@example.com
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