Discrepency in promotion
Querist :
Anonymous
(Querist) 15 October 2018
This query is : Resolved
Good Evening Experts, I am an employee of Central PSU, I am working for more than 20 years on regular basis. During 2008 I have completed MBA and made a representation to the Management for considering higher grade. But till date it was not considered. Management is recruiting freshers also directly on contract, scale and regular basis above than my grade. Please advise me for further course of action legally.
Isaac Gabriel
(Expert) 16 October 2018
Promotion/upgradation is not the matter of right.Further, it depends on the regulations, and departmental instructions. If not complied with, you are at liberty to relocate, seek better opportunity elsewhere. Agitating in any manner may irk the authorities resulting adverse effect.
Dr J C Vashista
(Expert) 16 October 2018
Anonymous author is not obliged by experts as per rule of this platform.
Guest
(Expert) 16 October 2018
Discrepancy in promotion is not an issue to get solution by keeping yourself anonymous. Besides your real identity, you have to come forward with adequate background of the issue in addition to the provisions of the recruitment rules of the cadre for which you desire to be promoted.
But, from your description, it clearly reveals as if it is not your real problem, but is an academic query. Question arises, if by serving the PSU for 20 years, if you ignorant about the recruitment rules for different cadres of the organization, it can't be believed that you have rendered even a single year's of service in the PSU.
By the way, what was the secret in your query that has compelled you to keep yourself in hiding and post your query anonymously?
Querist :
Anonymous
(Querist) 17 October 2018
Dear Mr Isaac Gabriel Sir,
Thank you for your response.
Do you mean that ignoring internal candidate having sufficient experience and qualification, PSUs can recruit freshers?
Is it the only remedy you could suggest as a Legal Expert that if they fail to follow or violate rules & regulations, we have to switch over to other companies?
Ignoring internal candidate recruiting freshers above us is only an adverse activity. If we are favoured, today I wouldn't have entered this platform.
Any how thanks for your suggestions.
KISHAN DUTT KALASKAR
(Expert) 18 October 2018
Dear Sir,
If you are representation is not considered and disposed and if PSU is a Government concern then file a writ petition seeking appropriate relief. Otherwise take the matter before Labor Commissioner under Section 12 of ID Act as follows:
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Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.-
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation
officer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
Please mark “LIKE” if satisfied by my answer.
Guest
(Expert) 18 October 2018
I wonder to know on what specific ground Mr. Kishan Dutt, Retd.Judge, is sure that the case falls within the purview of the Indistrial Disputes Act 1947?
Guest
(Expert) 19 October 2018
What happened Mr. Prasanna Advocate that you have modified your post that clearly aimed at me by casting aspersion, as "The above is suffering from one form of, Pistanthrophobia, I can surely say this as each post of his or her starts with distrust. Such answers may be neglected."? The same comment you made in another post also, as at the following thread:
http://www.lawyersclubindia.com/experts/Legal-help-joint-account-695116.asp
For your kind information, I have the reputation to be the most reliable person, if someone is really truthful to me, but a person, like you, who prefers to falsely appear with face and garb of Lord Christ cannot be considered to be a reliable person. Mind it, you can never happen to be a Lord Christ.
A very vital question arises, if you are such a well qualified, BCOM LLB LLM, a Gold medalist, as per your profile, and a talented person, what prevented you to appear with your real face (picture) with real ID at the LCI?
Another question arises, when a fellow appearing behind the garb of Lord Christ, but does not have the courage to appear with his own real face, where is the logic of believing him and his advice? So, it does not make any difference for me about whatever you think about me.
Further, when you believed the story of an anonymous querist, what refrained you to provide a solution to him without asking any question from him or by getting perturbed by the reply of any one on this thread.
Still further, when you believed the story of the anonymous querist to be true, where was the need for you to ask a question from him, as "what is the name of PSU? Give details."?
If the saintly appearing fellow had some commonsense to sense the reality of the problem, before flashing any of his nasty comment, he could well have understood the basic reason, why the querist did not prefer to reply your query for the last THREE DAYS whereas after your question, the querist has addressed his another query to the expert, Mr. Isaac Gabriel, but ignored your question to be replied. Apparently, he could not pose any faith on you to be a right person for right solution.
Guest
(Expert) 19 October 2018
First of all, it is for you to know that, it was you only, who poked your nose, not me to raise any finger on you. Asking someone, if his advice was not going to mislead anyone should not have been questioned by you, if you are really a qualified lawyer with qualification of B.Com, LLB, LLM, Gold Medalist. If you happened to believe that the concerned expert was correct, what prevented you not to endorse his advice to be correct by quoting some cogent reason. I would like to welcome you even if you can say that the case certainly falls within the scope of the Industrial Disputes Act, 1947.
Further, neither the querist, nor the expert has clarified the position, but you preferred to take cudgels on their behalf. There is no need for me to understand that I am representing a larger group, as I responded only in the interest of the larger group, so that any laymen reader may not get detracted or misled by any misleading advice. So, it is only you, who has to understand that free forum does not mean any wrong and misleading advice may be taken as correct and not to be questioned by anyone.
I would have or not any dispute with anyone else, BUT I WOULD DEFINITELY LIKE TO RAISE A DISPUTE AGAINST YOUR FALSE APPEARANCE, as I am of the firm opinion that the image of persons, posing as experts, but with false profiles and faces must get tarnished to make the gullible laymen not to fall trap of such fake identity bearing experts.
SO, CAN YOU CLARIFY, what is the secret behind hiding your face behind the face and garb of Lord Christ and not coming forward with your own real name and picture? If you can hide yourself behind the face of Lord Christ, why it cannot be believed that you would have adopted even some false name and other particulars of your profile also?
Querist :
Anonymous
(Querist) 19 October 2018
Thank you Sir, Mr.Kishan Dutt, Hob'ble Retd.Judge,
Once again thank you for having belief and sparing your valuable time and advise. We respect every Expert. I am not ignoring any expert. It is needless to point out what is happening around us. That is the main reason for posting anonymous query.
Guest
(Expert) 20 October 2018
@ Mr. Prasanna Advocate,
What happened, Mr. Prasanna, advocate, can't you resolve my dispute on your personality and and ID? why you are hesitant in repelling my doubt or dispute, whatever you may treat that?
Guest
(Expert) 20 October 2018
Mr. Prasanna,
When got exposed, why evade to reveal your real identity. Only the people, like you depend upon doing affidavit business, not like me. Spare time or no time, the same has to be spared per force for exposing the evils and the unreliable fellows, particularly the hidden ones, when they pose any type of challenge.
