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Criminal act by management by invalid transfer

(Querist) 27 February 2017 This query is : Resolved 

A management grade is employee is transferred to non core area of marketing department, the CPSE employee challenged the same in HC,against the purpose of appointment but, failed get relief as per HC judgments.
1.The transfer order dated 10-10-13 from core area department to non core area department of marketing reporting GM- marketing
2.The CPSE employee,didn't report to transferred location but, goes to HC for relief from 10-10-13 to 25-12-13 almost 75days.
3.Based on HC orders employee reports on duty on 26-12-13,with medical leaves and medical fitment.
4.The medical leaves are approved and sanctioned by GM- HRD on 26-12-13(as per the transfered order dated 10-10-13 the employee reporting officer is GM-Marketing not GM-HRD,Normally reporting HOD will sanction leave's)
5.Based on leave sanctioned by GM-HRD,salary slip and salary is made(The salary slip do not mention designation and department, though the leaves are sanctioned by GM-HRD,hence the employee default deemed to be reporting to GM- HRD)
6.CPSE is forced to join and report to marketing department on 1-01-14,based on transfer order dated 10-10-16,without fresh transfer order from HRD to Marketing department.
The employee argument is that as per transfer order dated 10-10-13, the employee reporting department is marketing and reporting authority is GM-Marketing,hence leaves sanctioning authority from 10-10-13 ? not GM-HRD?
The period from transfer order dated 10-10-13 to 26-12-13 the employee was in HRD department, as per the leave sanctioning authority I.e.GM-HRD and over ruled the transfer order dated 10-10-13 by management?
CPSE forcing employee to join marketing department and reporting to GM-Marketing, the HRD department was failed issue new transfer order as on 1-01-14,instead forced join marketing department based on previous transfer order dated 10-10-13,is it crime by CPSE?
Based on leave sanction and salary payment authority the employee was in HRD department from 10-10-13 to 26-12-13 not marketing department?
What ever happened to employee in marketing department from 1-01-14 till to day,w.r.t work,salary, promotion, leaves sanctioned by marketing HOD is null and void?
FINALLY THE TRANSFER ORDER DATED 10-10-13 IS ILLEGAL ,AFTER LEAVES SANCTIONED BY HRD DEPARTMENT AND SALARY PAYMENT FROM HRD DEPARTMENT ?
What way the employee can get relief in legal forum and can he take granted that the transfer order dated 10-10-13 null and good,CPSE illegally forced to slog in marketing department from 1-01-14 to till today?
Guest (Expert) 27 February 2017
The employee cannot expect any relief, as transfer is neither a criminal act nor illegal, as you assume. Validity of transfer has to be seen with reference to the conditions of appointment, as would have been included in his offer of appointment or appointment order.

Basavaraj (Querist) 27 February 2017
Sir,Appointment letter do not speak of validity of transfer,but CPSE can assign workmen grade nature of duties,without any reortees under the post,no authority on any subordinates...as fallows

"Name: MR. Basavaraj.S. Ghale Jan-2013.

Responsible for all activities of E&P Stores.

1.Receipt, acknowledgement, documentation of following inputs.

a)Materials received against Purchase Orders
b)Materials received against Work Orders or verbal orders of
Maintenance Division.
c)Material received against Work Orders of Project Division.
2.
a)Issue of Materials received against Purchase Order, work order and verbal order.
b)Through materials Issue slip and take acknowledgment from concerned. To update the same in I IS through stores regularization Indent.

3.Issue of Materials received against Work order.
Through materials issuing slip for both Maintenance and Project Materials.
4 Returnable and non-returnable materials Gate pass issue and control by E&P Stores and its reconcilliation.

5.MIS reports to Finance Department.
a) Preparation of Stock statement of Spares and Tools, unit rate more than Rs. 5000/- each every month.
b) Annual Physical Stock verification of Spares and Tools, unit rate more than Rs.5000/- each.
c) Annual Consumption of Steel and Cement Statement to be sent to Finance Department.
d) Annual Asset checking for insurance and co-ordination.

6.P.R (purchase Requisation)generation in IIS.

a)P.R to be raised in IIS against Material Requisition Slip/IDN/Notes from the concerned Engineers, Executive of Works, QAD ,HRD.

b)Hard copy of P.R raised duly signed to be sent to concerned for approval.
c)Inventory items like Hardware, Engineering consumables, Furnace oil, Diesel, Caustic Soda HCL, Kerosene, Lubricants, Grease, Engineering General Items, Bearing etc., are to be monitored at stores. Related P.R to be raised from time to time.

d)Follow-up with Purchase division for P.R generated items for receipt.

7. Maintenance of House Keeping activities at E&P stores on day to day basis.

8. Reconciliation of all Engineering coded items in IIS and update for its Physical stock and IIS stock tally.

9 SOP to be made wherever required for clarity of activity and take
Management approval for implementation as per latest requirement.

10.Scrap Management at Engineering scrap area with proper
documentation and release of document to Purchase division for its disposal.

11. You are authorised to sign all E&P Stores related documents.

12. Checking the stocks of all machineries, spares and maintaining the suitable inventory discussions with concerned Engineers to reduce the breakdown time.

13. Any other assignments given from time to time.

Will report to DGM[SNR] HOD MATERIALS.."

As per above roles the post is under preview of ID I.e.Irrespective of salary and designation, based on nature of duties will determine the roles preview under ID act?

Hence the post is under protection and transfer order to marketing department is overled by GM-HRD?
Basavaraj (Querist) 27 February 2017
Forced roles assigned in year 2014 as below, which in nature of sales promotion employee, again it attracts SPE act of 1976 and later amendments,inturn under the preview of ID act 1947?

INTER DEPARTMENTAL NOTE

FROM: GM(MNVK) TO: Mr. Basavaraj S Ghale, 31.07.2014
I.No.1476,

SUB: YOUR CHANGED ROLES/RESPONSIBILITIES/ENTITLEMENTS REF: OUR IDN DTD. 01.01.2014

1. As already communicated to you over telephone, your services at Guwahati HQ shall be utilized in Pharma Trade Marketing Sector with effect from 01.01.2014. Accordingly, you were advised to initially do the Retail Chemists' Survey in Guwahati city, which you have been carrying out and submitting your daily reports to that effect.

Attached herewith is a manual of your revised job descriptions in Pharma Trade Marketing Sector as Annexure "A". You may sign and return a copy of your revised job descriptions as your acknowledgement, once you receive paper copy from us.

2. You shall continue to report to the undersigned on all operational matters and interact with Field Admin. on all administrative matters, Product Management & Training Section for product promotion inputs/technical information/training and the officer responsible for distribution activities at Kolkatta branch for supplies, payments, etc. You can also get in touch with Mr.P. Seshagiri Rao, AGM(Mktg) on operational issues in the event of your not able to reach the undersigned.

3. You shall be working exclusively in Guwahati city by calling on the No. of doctors/retail chemists/stockists as per your revised job descriptions.
4. You shall achieve monthly rupee-wise and product-wise targets assigned to you from time to time through generation of prescriptions by meeting the potential/prescribing doctors, making our products available with the retailers, generation of orders from stockists, co-ordination with our Kolkatta branch for supplies to stockists and realization of payments against all such supplies from stockists.
5. An old doctors' list of Guwahati City is emailed herewith as Annexure "B" You should revise the same by deleting the non-existing/non-prescribing doctors and adding new prescribers to bring up your total number of prescribing doctors to 225. This exercise should he done out after completion of the on the job training being imparted to you shortly by one of our experienced field officers.
6. In continuation of your retail chemists' survey and pending the stie_ job training/finalisation of an error free prescribing doctors' list, you may, with immediate effect, do the Retail Chemists' Prescription Audit (RCPA) of those retail chemists who are located nearer to the doctors listed in our old list and also the other important retail chemists located in the same locality. RCPA details should be furnished to us in the attached format (Annexure "C") latest by 10.01.2014. You are advised to carry out the RCPA only for competitors' brands equivalent to our Star brands and Cardio-Diabetic brands. A list of the competitors' brands equivalent to our Star and CD brands is emailed herewith as Annexure "D". You should visit the identified retail chemists, make note of the names of the doctors prescribing all the competitors' brands (equivalent to our Star & CD brands), aggregate them and indicate against each retail chemist listed in Annexure "C".

7. You should visit minimum 15-20 retail chemists every day and furnish us the list as per Annexure "C" with complete details. You should also ensure that minimum 4-5 competitors' brands (equivalent to our Star & CD brands) & their quantities are indicated against each retail chemist in Annexure "C".
8. You shall be sending your daily reports through email to M(BMB) on a daily basis even at the time of doing RCPA. Another format to report your daily calls (of doctors, chemists and stockists) is being emailed to you as Annexure "E". You shall also be submitting all the administrative reports as are applicable to you strictly as per the schedule stipulated for each such report without any exception whatsoever. Besides emailing your daily reports, a printed and signed copy of the same should be sent to Field Admin through speed post every working day.

10. You are advised to study the product manuals already provided to you on 27.12.2013 and equip yourself to effectively detail to the selected doctors and demand prescriptions from them.
11. As long as you work in the Pharma Trade Marketing sector confining your work only to Guwahati city (all the areas coming under the purview of Guwahati/Dispur Municipal Corporation), you are entitled for the following:

11.1 Daily allowance: Rs.185.00 per working day.

11.2 You can also claim Rs.300/- per month as mobile phone allowance.

11.3 Other miscellaneous expenses like stationery charge, photocopying charge, postage, courier charge, etc. all incurred for official purpose should be claimed with necessary bills/receipts/vouchers with proper justification written on the back of each bill/receipt/voucher and duly signed by you with date, after the said justification. The miscellaneous expenses claimed should be reasonable enough and justifiable, considering your job responsibilities.

12 Your Expense Report (ER) in our prescribed format should be received at Field Admin on or before 10th every month for previous month, failing which the same shall not be considered for reimbursement.

13. You may sign and return to Field Admin. a copy of this IDN (upon its receipt in the paper form) as your acknowledgement.

14. We wish you the very best in your new assignment.

GENERAL MANAG -MARKETING

PS: Other promotional inputs like new visual aids, promotogram, trade pricelist, blank visiting cards (for immediate use in Pharma Trade Marketing sector), job description manual are being couriered to you along with this IDN.

JOB DESCRIPTIONS FOR MR. BASAVARA S. GHALE, I.No.1476

1. Field Work : Strictly as per the approved tour programme

2. Work Norms:

To ensure to meet 200 doctors once a month and 25 doctors twice a
Month. Also should meet minimum 100 chemists in a month. To give details of The missed calls, if any, with justifications acceptable to the management.

- Doctors' call average to be achieved in a month: Minimum 10 per day
- Chemists' call average to be achieved in a month: Minimum 5 per day
3. Appointment of stockists and regular visit to their premises to book primary orders, placing such stockists' orders on KAPL Kolkatta branch office, realize payments from stockists against our supplies, handing over of personal orders booked to our stockists, stock checking at stockists' shelves, collecting and submitting to management stock and sales statements from all stockists every month, submitting to management compiled secondary sales statement (based on stock and sales statements of all stockists) every month and monitoring near expiry products held by all stockists and liquidate such stocks before their expiry at stockists' shelves.

4. Retail chemists' prescription audit and market survey about availability of our products with all chemists in Guwahati city.

5. To make survey of customer satisfaction for new product introductions and inform us newer promotional strategies adopted by our competitors.

6. To make survey of prospective parties for stockistship as and when required.

7. To achieve the product-wise and month-wise targets assigned from time to time.

8. To discharge all administrative responsibilities in terms of submission of all
reports/returns/claims/replies/explanations etc, as per guidelines/deadlines stipulated in the individual communications.

9. Any other assignment given by his superiors*

Date: 01.01.2013Place: Bangalore
*Superior always supreme in using tax payer body for salary?
THIS IS GOOD RESEARCH PROJECT FOR EXPERIENCED LAWYER?

Ms.Usha Kapoor (Expert) 28 February 2017
Agree with PS,Dhingra.
Sudhir Kumar, Advocate (Expert) 28 February 2017
evenafter reading the recent long narrative, I tend to fully agree with Mr Dhingra.

Given facts indicate the employee to be wrong.
Basavaraj (Querist) 28 February 2017
With respect to seniorty to expert,I need relook the post , the question is not regarding the transfer of employee.

1.The question is regarding the validity of transfer order and authority of sanctioning leaves of employee(Hr has no authority)
2.The roles/job assignment to Management grade employee of equal to workman grade.
With above I am not inline with Mr.Dhingra as he needs to confirm the validity of transfer order and leaves sanctioning authority?
Guest (Expert) 28 February 2017
Mr. Basavaraj,

Your statement, "I am not inline with Mr.Dhingra" should have been appropriately reasoned, if you happen to differ with my view, "Validity of transfer has to be seen with reference to the conditions of appointment, as would have been included in his offer of appointment or appointment order." Mere speaking to be not inline has no relevance.

So, it is for you to make the readers convinced with reference to which rule of the department or related Act of law you treat the transfer as invalid.

However, about your statement, "THIS IS GOOD RESEARCH PROJECT FOR EXPERIENCED LAWYER," for your kind information, nobody would be interested to take up any such project on vague issues, unless that violates any law. A personal problem, unless affects masses, cannot make sense to be treated as a project to be taken in hand. However, if you treat it as a good research project, you may start or continue with your research on the related issues to come to some valid findings.

You must know that transfer is an implied condition of service and any organization recruits an employee to suit its needs to achieve its aims and objects for profiteering or in the interest of stake holders. The organization does not recruit an employee to give him ornamental treatment or to keep him as a model in some show case.

If any authority has acted beyond the scope of his delegated powers, you can take up appropriately with his higher authorities or even the CMD of the company, but that does not call for any vain legal trial.

Still further, if you feel personal inconvenience or problem in employment, nobody can compel you to stick to your post. You can feel free to switch over to some other company, rather than treating a trivial issue of transfer as illegal or invalid as per your own assumptions, if not against the recruitment conditions.

Rajendra K Goyal (Expert) 28 February 2017
Agree with the expert P.S. Dhingra.
Guest (Expert) 28 February 2017
Usha ji,

Thanks for agreeing with me.
Guest (Expert) 28 February 2017
Sudhir ji,

Thanks for agreeing with me.
Guest (Expert) 28 February 2017
Rajendra ji,

Thanks for agreeing with me.
Basavaraj (Querist) 28 February 2017
Mr.P.S.Dhingra,I am thankful for your time.

I am in agreement with CPSE power of transfers

The argument is with respect to ID act,the power of leave sanctioning authority lies with reporting officer, not GM- HRD?

GM-HRD has empowered to sanction leaves only his department subordinates?

transferred employee,leaves are sanctioned by wrong department, hence the transfer order is illegal?

CPSE is owned by president of india,human errors are not to be taken easily.

No appointment letter will mention validity of internal department transfers to keep stake holders and president of India interest.

At worst case, if the validity is mentioned in any intelligently written appointment letter,the employee HOD or reporting officer will not change?

We all living in independent india not under British rule to do slavery to accept roles of attender just for salary?

Very professional living and paying tax on own credits and I must thanks for your advise.
Basavaraj (Querist) 28 February 2017
Dear experts

You all agree with Mr.Dhingra that, the CPSU employee medical leaves can be sanctioned by non reporting officer (GM-HRD) as per transfer order or any senior subordinate employee?

Ignoring the authority or powers of reporting officer or HOD...

This query is to be answered w.r.t ID acts

I am not debating transfer power of CPSE, but Mr. Dhingra spoke much about transfer powers?

Please correct if any errors
Guest (Expert) 28 February 2017
Well Agreed by Madam RK Goyal -No Profile/Details
Basavaraj (Querist) 28 February 2017
Note my Skype ID bsghale..K
Don't get confused by discussing only transfer power of CPSU..Based on your exhaustive profile,I presume that,u will think out of box? W.r.t Reporting authority powers as per ID acts.
Guest (Expert) 28 February 2017
Mr. Basavaraj,

There is no use in discussing an academic issue or a thing, if not supported by any authority barring the HR to sanction leave to any executive other than those working in HR.

If your query relates to any real problem, you are advised to better go through the delegated administrative powers of the various authorities of your company. You are however free to quote the authority of Board resolution of the concerned company that bars the HR to sanction leave to any executive working in any department other than the HR. Mere mention of ID Act has no relevance. You may quote a relevant provision of the ID Act that bars the HR to sanction leave.

Guest (Expert) 28 February 2017
Mr. Basavaraj,

I AM NOT CONFUSED EVEN A BIT. IT IS YOU WHO IS CONFUSED AND DON'T SEEM TO HAVE EVEN A FAIR IDEA OF THE ADMINISTRATIVE SET UP AND DELEGATED POWERS OF THE COMPANY EXECUTIVES.

Your original query was on criminal act by invalid transfer. On one hand you have stated, "I am not debating transfer power of CPSE," But now, not only you are entering in to debate but also seem to have drifted from your original problem, when you say, "I am in agreement with CPSE power of transfers," but have raised the other issue of sanction of leave that was not the subject matter of the headlines you gave.

Further, yow you are trying to exaggerate the issue by stating, "Mr. Dhingra spoke much about transfer powers," while my reply was based on your original problem, "on criminal act by management by invalid transfer," not on any other issue. THAT CLEARLY SPEAKS ABOUT YOUR OWN CONFUSION.

However, from your own drift from one to different issues, it clearly reveals that it is not your real problem, but a hypothetical academic exercise.

In fact, you have the real need to go through and analyse the complete administrative set up and their administrative powers, rather than stretching your debate extensively on such a small issue of sanction of leave. If unable to do that at your own, better hire services of some capable guide to help you accomplish your academic project.

BY THE WAY, HOW YOU ARE CONCERNED WITH THE SANCTION OF LEAVE TO THE EMPLOYEE BY THE hr AND WHAT EXACT OBJECTION YOU HAVE AND WHY WITH SUCH SANCTION?

Also, can you make clear, with what object and interest you have given your skype ID and why you expect me or others to communicate with you on your skype?
Guest (Expert) 28 February 2017
Dear Author/Querist Mr.P.S.Dhingra is a Senior Expert of this Forum and a Senior Advocate as well.Here the Services are rendered honorarily to help the Innocent Querists/Authors.If you are Un satisfied with our replies you could very well Discuss it with your Local Good Advocates.Insulting Senior Experts/Senior Advocates Not to be Encouraged Here and First Post your Profile in Full details about your self than being an Anonymous.
Basavaraj (Querist) 28 February 2017
Well,may be too much of information posted by has confused me or others.
One of the expert said fake profile,hence I gave Skype ID to verify my ID.
Please note I am not testing any one's academic interests,it is up to their choice to enter discussion as a professional.
I have no issue to discussed over the Skype.
In any company or organization there are set of rules for deligation of powers based on that they are supposed to excercise the leave sanctioning power?
For lawyers leave sanctioning issues may small because they are not aware of industrial work culture.
Any way let make it very short to understand better

The transfer order dated 10-10-13 is signed by GM-HRD of company ( as per power of deligation)

The transfered employee HOD designation is GM-marketing.
The above both the ranks are same grade?

The medical leave of transfered employee is sanctioned by GM-HRD on 26-12-13,not his reporting officer for what ever may be the reasons.

Now Mr.Dhingra or any expert tell me, the employee is in what department from 10-10-13 to 26-12-13.
If he is HRD department?
OR
Marketing department,
If he not in marketing department ,then the transfer order is valid on 26-12-13?
Guest (Expert) 28 February 2017
We are Not So Keen Or Interested to Visit you in Skype Or in Sky.Better Fill your Profile Here in your Details where it is required Till then you are Just an Anonymous.
Basavaraj (Querist) 28 February 2017
Sirji.. With out my profile details with mobile number ( confirmation by otp) by this web admin..I can't login.. FYI

Your last thread made me give my Skype ID and I got fired,now ur again claiming anonymous..

Now with my own will I am sharing my what's app number.. Please note, I am not forcing to call me..9343780218
Thanks
Adv. Yogen Kakade (Expert) 28 February 2017
Rightly guided by the experts
Guest (Expert) 28 February 2017
Mr. Basavaraj,

Why do you feel that I would reply your riddle, "Now Mr.Dhingra or any expert tell me, the employee is in what department from 10-10-13 to 26-12-13," as you asked. Irrespective of the issue of sanction leave, your posting and transfer order is relevant to solve your riddle, which I am least interested to know.

Do you think me as an astrologer or working as HR Head, or any other related Division of the organization of the employee, or I am your student considering that you have put some examination question to answer.

You have not replied my pertinent question, "HOW YOU ARE CONCERNED WITH THE SANCTION OF LEAVE TO THE EMPLOYEE BY THE hr AND WHAT EXACT OBJECTION YOU HAVE AND WHY WITH SUCH SANCTION?"

But, from your whole story, I can guess, whether it is you or some other management executive, yours or his career is definitely at stake, as tussle seemed to have been bought by you/ employee with the higher-ups, may be due to some ego problem or misconceptions about your position, and the HR on their part is made to dance at t he whims and fancy of their bosses.

For that I have already suggested, "if you feel personal inconvenience or problem in employment, nobody can compel you to stick to your post. You can feel free to switch over to some other company, rather than treating a trivial issue of transfer as illegal or invalid as per your own assumptions, if not against the recruitment conditions." Now you can add the issue of leave also in that suggestion.

So far as your reference to democracy or slavery is concerned, democracy does not also convey autocracy of the employees. Subordination is always lower in stature than the bossism, in whatever capacity you may be in the organization.

You have to sort out your real problem amicably with reference to your organizational rules.

So, no more comments please, except wishing you the best of luck.

Guest (Expert) 28 February 2017
Better Post the Details in Profile Not Here
Sudhir Kumar, Advocate (Expert) 28 February 2017
are you really aggrieved that leave has been sanctioned instead of taking disciplinary action against you and getting rid of your services.
Basavaraj (Querist) 28 February 2017
Your welcome, domestic enquiry would had recommended to GM-HRD by reporting officer I.e.GM- marketing? (ref: transfer order) as per CVC approved CDA rules of the company? D.E. would had given clear picture of status of employee?

But GM-HRD has deviated the CDA rules and sanctioned 75 days medical leaves and paid salary, hence GM-HRD has accepted employment deemed transfer to HRD?

In my view the the transfer order dated 10-1-13 is null and void?
You are welcome for comments and inputs.. Please
Guest (Expert) 28 February 2017
Any discussion in this forum by stretching the thread unduly may not help you any more.

So, to avoid any dispute, confusion or conflicting views here at the LCI, you may feel free to test your belief by filing a case in the competent court of law and get the verdict in your favour, if in your "view the transfer order dated 10-1-13 is null and void."
Basavaraj (Querist) 28 February 2017
Thank you sir,as per my present assigned roles and responsibilities,irrespective of salary and designation, with no reporting company employees under my post,no authority to sanction any subordinates leaves,working alone with own hands as engineering store in charge.

Can any guide me which court to approach.. Please
Sudhir Kumar, Advocate (Expert) 01 March 2017
what was High Court order when transfer was challenged and when employee joined to new place.
Basavaraj (Querist) 01 March 2017
High Court just repeated the clauses of appointment order,I.e any employee can be transferred to any where and any department,but never said to transfer as a workman or workman grade roles job of Management grade employee, CPSU has misused the clauses?
Basavaraj (Querist) 01 March 2017
THE APPOINTMENT LETTER WITH CLAUSES,

(Note:I didn't find any clauses regarding validity of transfer order)

Mr.Basavaraj S Ghale

Date : October 23, 2007

Sub :Offer letter for the post of " Asst. General Manager - E & P " Ref Your application dated 21.8.2007

This has reference to your Application For Employment in our Organisation and the subsequent to the interview you had with us, we are pleased to offer you employment as " Asst. General Manager - Engineering & Projects " In our Organisation on the following terms and conditions :-

01.Your designation will be " Asst. General Manager ". You will be posted in " Engineering & Projects Department".

02.Your starting Basic Pay shall be Rs.18000.00 per month in the scale of Rs. 16000-400-20800 all other allowances such as DA, HRA, CCA etc., as per the rules framed separately in that behalf of the Company.

03.At the time of your joining this Organisation, you have to submit the original and self attested Xerox copies of Certificates of
(i) Date Of Birth
(ii) Educational Qualifications (iii) Character and Conduct and (iv) SC/ST/OBC (Other Backward Communities)/ Ex-serviceman status, if applicable.
The Attestation Form (blank) enclosed should be duly filled-in by you, attested and sent to the Company. You have to also submit relieving letter from your present employer at the time of joining.

04.As per your request, you have been given 3 month's time to report for duty. Accordingly, you are required to report for duty on or before17.1.2008

05.You have been considered for employment under Gen. category.

06.You will be on probation for a minimum period of 12 months from the date of your joining duty and the period of probation may continue beyond 12 months at the sole discretion of the Management. You will continue to be on probation till you are confirmed by an order in writing. During the period of probation, or on expiry of the probationary period, or any time during your service in the Company, if you decide to resign from the services of the Company, or leave the Company for whatever reason, you will be required to give three month's written notice or make payment of three month's salary ( basic pay plus dearness allowance) in lieu of such notice.

07. any time during your service in the Company, if you decide to resign from the services of the Company, or leave the Company for whatever reason, you will be required to give three month's written notice or make payment of three month's salary ( basic pay plus dearness allowance) in lieu of such notice.

08.Your services are liable to be terminated by the Company at any time, after probation and confirmation, without assigning any reasons whatsoever, by giving three months written notice or making payrnent of three months salary ( basic pay pus dearness allowance ) in lieu of such notice.

09.Upon resignation / termination from the services of the Company or
cessation of employment or for any reasons, you shall handover / return to the Company all its properties / belongings, based on which settlement ot account will be effected.

10.your service liable to terminate with out any notice or compensation for unsatisfactory performance or as a result of disciplinary enquiry or inability to comply any part of satutatory regulations with regards to continue of your employment

11�During your services with the Company, you will devote your full time to the duties assigned to you from time to time and you shall not engage in any other employment / assignment either fix remuneration or otherwise without written permission from the Company,

12.You will be liable to serve in any department of the Company or shift with any designation or function as may be assigned to you from time to time by the Company.

13,Your duties, functionswill be such as may be assigned to you from time to time.

14.You shall achieve / reach the prescribed workload / target /
production norms fixed by the Company from time to time, for your type
/ nature of work. Failure to achieve prescribed workload/ target, fixed
te" from time to time Mil render your service liable for termination,

15.Your services are liable to be transferred to Companys establishments in any part of India or abroad and to the holding Company or its joint ventures or subsidiaries or associate companies in any part of India or abroad, which may be established in future irrespective of its location

16.Your appointment will
 be subject to your passing medical examination by a Registered Medical Practitioner of a rank not less than that of a Civil Surgeon or any specialist physician with post graduate degree in Allopathic Medicine, before your reporting for duty. The Medical Examination form (blank) is enclosed for the said purpose_

17. Your appointment and/or confirmation is also subject to your character, antecedents verification by us and satisfactory performance�

18. Your services in the Company shall be governed by the terms and conditions mentioned in this letter of employment, the _ Management Instructions, Rules and Regulations and other Orders issued by the Company from time to time including any Amendments, Modifications etc., thereto and Statutory LAWS as may be applicable. Also, the Conduct, Discipline and Appeal Rules of the Company presently existing and as may be amended from time to time. You will also observe the normal rules of the conduct and discipline and carryout order's of your Superiors.


19. you absent without written prior permission for a period of 10 continuous days, you will be deemed to have abandoned your employment, thereby resulting your services with the Company being treated as automatically terminated from your side and you shall be liable for all consequences arising thereof, apart from being not eligible for any compensation, whatsoever.


20.1n all matters not specifically provided herein and for any clarifications, if found necessary, or in respect of disputes if any, the
decision of the Management is final and conclusive.


21.Thls offer letter is issued to you on the understanding that all the information furnished by you in your Application, Application for
Employment and Attestation Form are correct, complete and true. If it is found at any time that any information given by you is not correct, incomplete and false and / or you have knowingiy with-held any information, the Company will have the right to terminate your services at any time without any notice and / or payment of compensation.

24,Jurisdiction of Courts Any dispute shall he decided by the Courts
situated at Bangalore only and no other courts shall have jurisdiction

25. Please sign the duplicate copy of this letter in token of your having read, understood and accepted the above terms and conditions and return it to us to reach as within 10 (ten) days from the date of receipt of this offer letter.

26.This offer letter will be treated as cancelled and withdrawn, if your written acceptance does not reach us within 10 days from the date of receipt of this Offer letter by you.

Looking forward to your joining our Organisation at an early date.
We welcome you to the Company and wish you progress with the progress of the Company.


Thanking you,

Yours faithfully

GENERAL MANAGER - HPR
End: As above.

X accept the offer and agree to abide by the terms and conditions as contained herein above.
Basavaraj (Querist) 01 March 2017
Respected senior experts,
Thanks for the contributions,
thanks again to Mr.Dhingra who has given enough time to this thread.

As per comments, I have could not find any

TRANSFER ORDER VALIDITY CLAUSE IN APPOINTMENT LETTER,

hence the whole appointment letter is posted,now expert can conclude the status of case.

There was good advise to look for better jobs forgetting CPSE and also advise to approach Court but failed to name the Court I.e. Labour Court as per roles OR HC as per appointment letter?

Mr.sudhir can read all the clauses of appointment letter, before making any conclusions.
Rest all the experts,who all agreed with Mr.Dhingra comments, requested again to review the comments made.
I am not forcing any expert to participate again but definitely asking to express their interest, because they entered the discussion.. Please
Basavaraj (Querist) 02 March 2017

CPSU MD REPLY TO MINISTRY REF:MOSJ E/E/2016/00612

DT:9-07-2016(Delay in reply by 4months)

MD: Shri Basavaraj S Ghale was appointed as Asst. General Manager in Engineering Projects Department located at Factory in 2007.

He was fully in charge of Cephalosporin project of the company.
His performance in execution of the E & P Department works were not upto the mark and repeated instructions to him to improve working did not yield results.
In view of this and for administrative reasons, he was transferred to Stores Department. MD:Even in Stores Department, he did not work satisfactorily

My Reply: NO NOTICE OR CHARGE SHEET ISSUED ON WORK PERFORMANCE BUT FORCED TO WORK ALONE WITH
OWN HAND ON DEPROMOTED POST FROM AGM TO WORKMEN,WITHOUT CPSU REPORTEES UNDER ME, AS PER ROLES & RESPONSIBILITIES ASSIGNED,IT COMES UNDER ID ACT AS A WORKMEN?

MD: later company transferred him to Marketing Department and was posted to Guwahati by the Marketing Department and he was assigned the duties of marketing of company products at Guwahati.

My Reply:TRANSFER DT: 10-10-13 IS INVALID,AS I WAS REPORTED DUTY AFTER 25-12-13 TO HRD DEPARTMENT, HENCE MY MEDICAL LEAVES ARE SANCTIONED BY GM-HRD AT BANGALORE .BASED ON MEDICAL LEAVES FROM10-10-13 TO 25-12-13 SANCTIONING AUTHORITY IS GM-HRD, HENCE BY DEFAULT MY WORKING DEPARTMENT IS HRD, NOT MARKETING DEPARTMENT.

MD:Both the transfers were as per the terms and conditions of appointment.
It is not true to say that he was transferred for refusing to amendment of purchase order,Without proper reference, only making vague allegation is not correct.

My Reply: HAVE DOCUMENTS

MD:challenged the transfer order of transferring him to Marketing Department before High Court of Karnataka which has been Disposed off with direction to.respondent No.4 i.e., General Manager - HRD directed KAPL to consider the dated 19.10.2013 expeditiously and in any event within 2 weeks from the date of receipt of copy of the order. Accordingly, his representation was examined and communication dated 8.11.2013 was sent.

My Reply : ATTEMPT FOR CONTEMPT OF COURT ORDER CPSE?
However, Shri Basavaraj S Ghale again approached Hon'ble High Court of Karnataka by filing W.P. No.51956/2013, Hon'ble High Court declined to interfere.

Thereafter, he challenged the same before double bench of Hon'ble High Court of Karnataka by filing an appeal which has been dismissed by order dated
19.3.2016.

My.Reply: H.C.NEVER SAID TO ASSIGNED A ROLES OF A WORKMEN,WHICH WAS DONE PRIOR TO H.C.ORDER.

H.C.J UST REPEATED THE APPOINTMENT LETTER CLAUSES TO WARN EMPLOYER & DISMISSED

MD: It is also not correct to say that while sanctioning medical leave more than 60 days GM-HRD could have revoked self termination clause. Requests for leaves on medical grounds are treated separate.

It is also not correct to say that he was forced to receive letter as Manager a demoted post.

My.Reply: HRD AFTER SANCTIONING MEDICAL LEAVES FORCED REPORT AT GUWAHATI BASED ON TRANSFER ORDER ON 10-10-13 WHICH IS NULL & VOID,WITHOUT FRESH TRANSFER ORDER FROM 25-12-13 ILLOGICALLY?

I HAVE DOCUMENTS TO PROVE FORCING TO ACCEPT A DEPROMETED POST OF MANAGER & SALES PROMOTION EMPLOYEE.
______________________
Note:
WHOM S EVER IT MAY CONCERNED
This information I am posting for benifit of students to study the case,not to insult any or even CPSU MD( letter addressed to Ministry of social justice)
Basavaraj (Querist) 10 September 2017
NO - L-42012/37/2017 - IR(Dll)
Government of Indian Bharat Sarkar Ministry of Labour/Shram Mantra la. a

New Delhi, Dated :29/08/2017

ORDER

NO.. L-42012/37/2017 (IR(DU)) : WHEREAS the Central Government is of the opinion that an industrial dispute exists between the employers in relation to the management of Karnataka Antibiotics and Pharmaceuticals Ltd. and their workmen in respect of the matters specified in the Schedule hereto annexed ;
AND WHEREAS the Central Government considers it desirable to refer the said dispute for adjudication;

NOW THEREFORE , in exercise of the powers conferred by clause (d) of sub-section (1) and sub-section (2A) of Section 10 of the Industrial Disputes Act, 1947 (14 of 1947 ) the Central Government hereby refers the said dispute for adjudication to the Cent.Govandus.Tribunal-cum-Labour Court, Bangalore . The said Tribunal shall give its award within a period of three months.

The Schedule

Whether the action of the of Karnataka Antibiotics and Pharmaceuticals Limited(KAPL), Nirman Bhawan, Dr. Rajkumar Road, 1st Block, Rajajinagar, Bengaluru-560010 is justified in considering the absenteeism of Sh. Basavaraj S. Ghale Assistant General Manager( Engineer) of KAPL posted at Guwahati as voluntarily abandonment of service and settling his final accounts without conducting domestic enquiry in accordance with Conduct, Discipline and Appeal Rules of the Company? If not, what relief the complainant Sh. Basavaraj S. Ghale is entitled to from the management of KAPL Nirman Bhawan, Dr. Rajkumar Road, 1st Block, Rajajinagar, Bengaluru-560010.'



(Rajesndra Joshi)
Deputy Director
T. No.-23473145



Copy forwarded for necessary action to :

* 1. The Presiding Officer
Cent.Govt.Indus.Tribunal-cum-Labour Court Shram Sadan, 3rd Main,
3rd Cross,II Phase, Tumkur Road, Yeswanthpur
Bangalore -560022


* 2. The Managing Director,
Karnataka Antibiotics and Pharmaceuticals Ltd. Nirman Bhavan, Dr. Rajkumar Road, 1st, Block, Rajaji Nagar,
Bangalore - 560010


* 3. Sh. Basavaraj S Ghale,
22-50-51-6/2, Basava Chetan, 8th Main, 14A Cross 8th, 2nd Stage, N.S. Pallya, Karnataka
Bangalore - 573218


The parties raising the dispute shall file a statement of claim complete with relevant documents, list of reliance and witnesses with the Tribunal within fifteen days of the receipt of this order of reference and also forward a copy of such a statement to each one of the opposite parties involved in this dispute under rule 10(B) of the industrial disputes (Central ), Rules ,1957.

4. Ministry of Chemicals & Fertilizers Shastri Bhawan.
New Delhi
Pincode - 110001

5. Dy.Chief Labour Commissioner (C), Guwahati(Assam)

6. Asst.Labour Commissioner (C), Guwahati(Assam) w.r.t .his FOC Report
No. 8(06)12017GIA Dated 12/04/2017

7. Adjudication Folder.

8. CR Section.
(Rajendra Joshi) Deputy Director
***
... I don't think ministry of labour will refer case of Asst General Manager to CGIT, just like that with out having merits?
Guest (Expert) 10 September 2017
As per the judgment, the case seems to have already been referred to the concerned tribunal. You may now present your case before the tribunal and wait for the judgment of the tribunal.

No forum trial at LCI would be justified any further. In fact, what I feel, you have already spoiled your case by getting views of the members without discussing the real case history earlier. Your case, if presented by your employers after taking notice of your earlier discussions at this forum can make your success impossible.

Kumar Doab (Expert) 10 September 2017
Dear LCI Querist Mr. Basvaraj,

You have responded on fake profile/ID................

Your leave has been sanctioned.

Mr. Sudhir Kumar has also posted on it.
You have succeeded to get a reference to CGIT.

You are complicating by making reference to many enactments.
You seem to have acquired knowledge.

Have you studied the case laws, judgments delivered under the enactments, rules?


You have built your case under provisions of which enactment?

Do spend some time with A SENIOR LOCAL VERY ABLE counsel of unshakable repute and integrity having successful track record in handling cases of your trade.


If you feel that you are skilled, well versed with enactments and can handle the matter then you may submit prior and in time application u/s36 of ID Act..................still keep a very able counsel on your back.

Or lean on a very able counsel as already suggested.

Basavaraj (Querist) 10 September 2017
Sir, I am not using any fake ID.. In this discussion.. I am engineer trying to understand the laws.

My registered mail ID with is portal is bsghale@yahoo.com.

I used your personal email message sent me to long ago, as references to file grievance with ALC and after convincing my status for last one year to Ministry of labour , I am successful to get referred to cgit.. FYI
Basavaraj (Querist) 10 September 2017
Sir, I am not using any fake ID.. In this discussion.. I am engineer trying to understand the laws.

My registered mail ID with is portal is bsghale@yahoo.com.

I used your personal email message sent me to long ago, as references to file grievance with ALC and after convincing my status for last one year to Ministry of labour , I am successful to get referred to cgit.. FYI
Sudhir Kumar, Advocate (Expert) 10 September 2017
I believe that it is hard to advise such person that too free.

Let him seek appointment with a lawyer, show him papers (without which he cannot convey problems) pay his charges and get advised and then appreciate the same.
Basavaraj (Querist) 10 September 2017
Thanks.. again
Kumar Doab (Expert) 10 September 2017
Dear LCI Querist @ Mr. Basvaraj,

I am happy to note that you have found the inputs useful and succeeded to get the reference.

I have been suggesting to consult a LOCAL very able counsel of unshakable repute and integrity specializing in Labor/service matters and having successful track record and having much experience in handling cases of your trade and well versed with Local rules/Laws e.g; MTRU PULP.............

You may benefit by consulting LOCAL counsel and spending time with able counsel.
Kumar Doab (Expert) 10 September 2017
In your other threads I have provided you with some links:

THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946
THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) CENTRAL RULES, 19461
THE SALES PROMOTION EMPLOYEES (CONDITIONS OF SERVICE) ACT, 1976 Sec. (NO. 11 OF 1976) 1
THE MAHARASHTRA RECOGNITION OF TRADE UNIONS AND PREVENTION OF UNFAIR LABOUR PRACTICES ACT, 1971.
Model Standing Orders;13,14 ,15,17,18
https://mahakamgar.maharashtra.gov.in/lc-acts-rules.htm
https://mahakamgar.maharashtra.gov.in/images/pdf/industrial-employment-standing-orders-act-1946.pdf
https://mahakamgar.maharashtra.gov.in/images/pdf/industrial-employment-standing-orders-rules-1946.pdf
https://mahakamgar.maharashtra.gov.in/images/pdf/sales-promotion-employees-act-1976.pdf
https://mahakamgar.maharashtra.gov.in/images/pdf/the-mahashtra-recognition-act-1971.pdf
http://pblabour.gov.in/Content/documents/pdf/acts_rules/industrial_employment_standing_orders_rules.pdf


Kumar Doab (Expert) 10 September 2017
You have been able to convince ALCC,DLC and got dispute referred, and ALCC must have sent FOC.

At CGIT Establishment is likely to contest jurisdiction, reference...........enactments and provisions.

You need to prepare and contest successfully.

If you want to be PIP or represent thru unions or Counsel..........Keep a very able LOCAL COUNSEL on your back.

Kumar Doab (Expert) 10 September 2017
It is favorite and also die hard habit of IT=@PSD to level false allegations of Fake ID on Experts and even call Experts of LCI as terrorists.

IT=@PSD has posted that IT finds LCI boring and bored to death.

We are not bored.

We enjoy selfless contribution at LCI and also jockering of IT=@PSD.........






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