Public sector undertaking
s srinivasan
(Querist) 18 April 2014
This query is : Resolved
Hello,
I am working as a airline captain with a PSU for the last 14 years.
I intend to resign. My company has a mandated 6 month notice period.
in a recent judgement by mumbai high court is has been said that the service conditions of employees (including self) has changed.
Management has accepted the same by giving a staff notification with 21 days notice period with regard to change in emoluments.
My query is do i really have to give 6 month notice period?
If the answer is NO. please elaborate clearly!
Regards
Capt. S. Srinivasan
Devajyoti Barman
(Expert) 18 April 2014
Please quote the concerned decision if the Bombay HC. It needs to be seen first before giving any advice.
s srinivasan
(Querist) 18 April 2014
Dear Mr. Barman,
The judgement is WP-1606 of 2013 of the Bombay high court.
it is co-joined with further WP's numbers 419/2013 and 1088/2013 and many others.
does this info help you?
Advocate. Arunagiri
(Expert) 18 April 2014
If you want to resign, you have give notice, as per your service condition.
If the management had given you a notice regarding the change of notice period, that will apply.
In the absence of any revised terms, the notice period as per your previous terms and conditions will alone apply. In your case it is six months notice period.
The High court had directed to give 21 days notice period in case of any change of employment terms.
s srinivasan
(Querist) 18 April 2014
Firstly let me thank you for your prompt reply Mr. Burman!
I really appreciate it a lot.
As you will find in the judgement that service conditions have been changed by my company and the same still persists even today. Furthermore a notification with a 21 day period was already issued with regard to a further 15 percent pay cut which is as per the justice dharmadhikari committee report as tabled in the parliment.
Our union has rejected the same for the reason being that for the last two years 25 percent of the salary is being cut under some ad-hoc clause, reasons of which i am not sure as to why. I am simple man, i need to see my money for the work i get as simple as that.
Now going a little further, i wish to resign on 1st May 2014 to join another company at the same post. i know that my company requires 6 months notice period (FYI it used to be 1 month, and i dont know when it was changed). i don't want to serve 6 months as it seems unfair. but i cant leave until i get my dues settled and most importantly my release/NOC letter, without which i cannot seem to proceed to my new company for employment.
Please advise accordingly.
regards
s srinivasan
(Querist) 18 April 2014
Dear Mr. Arunagiri,
Firstly thank you for your prompt reply.
Let me update you with some facts.
1) when i joined my company in 2002, the notice period then was 1 month, it was changed to 6 months sometime ago (i'd say between 5 to 7 years ago, of which i cannot recollect a staff notification being issued becos my company was exempt under some act to do so!) if you read the WP1066/2013 of the Bombay high court you will see.
2) as per labour laws i am to reliably understand that any change in wages or emoluments shall tantamount to change in service conditions.....for the same the last 2 years i am being paid only 75 percent of my salary under some pretext of ad-hoc payment which again the high court of Bombay has viewed seriously in the above mentioned writ petition.
3) so do i still have to give the 6 months notice period? i dont wanna suffer anymore morally socially and financially for another 6 months. i want my release letter as soon as i submit my resignation.
Please help.
s srinivasan
(Querist) 18 April 2014
Dear Mr. Arunagiri,
Firstly thank you for your prompt reply.
Let me update you with some facts.
1) when i joined my company in 2002, the notice period then was 1 month, it was changed to 6 months sometime ago (i'd say between 5 to 7 years ago, of which i cannot recollect a staff notification being issued becos my company was exempt under some act to do so!) if you read the WP1066/2013 of the Bombay high court you will see.
2) as per labour laws i am to reliably understand that any change in wages or emoluments shall tantamount to change in service conditions.....for the same the last 2 years i am being paid only 75 percent of my salary under some pretext of ad-hoc payment which again the high court of Bombay has viewed seriously in the above mentioned writ petition.
3) so do i still have to give the 6 months notice period? i dont wanna suffer anymore morally socially and financially for another 6 months. i want my release letter as soon as i submit my resignation.
Please help.
s srinivasan
(Querist) 18 April 2014
Dear Mr. Arunagiri,
Firstly thank you for your prompt reply.
Let me update you with some facts.
1) when i joined my company in 2002, the notice period then was 1 month, it was changed to 6 months sometime ago (i'd say between 5 to 7 years ago, of which i cannot recollect a staff notification being issued becos my company was exempt under some act to do so!) if you read the WP1066/2013 of the Bombay high court you will see.
2) as per labour laws i am to reliably understand that any change in wages or emoluments shall tantamount to change in service conditions.....for the same the last 2 years i am being paid only 75 percent of my salary under some pretext of ad-hoc payment which again the high court of Bombay has viewed seriously in the above mentioned writ petition.
3) so do i still have to give the 6 months notice period? i dont wanna suffer anymore morally socially and financially for another 6 months. i want my release letter as soon as i submit my resignation.
Please help.
s srinivasan
(Querist) 18 April 2014
Dear Mr. Arunagiri,
Firstly thank you for your prompt reply.
Let me update you with some facts.
1) when i joined my company in 2002, the notice period then was 1 month, it was changed to 6 months sometime ago (i'd say between 5 to 7 years ago, of which i cannot recollect a staff notification being issued becos my company was exempt under some act to do so!) if you read the WP1066/2013 of the Bombay high court you will see.
2) as per labour laws i am to reliably understand that any change in wages or emoluments shall tantamount to change in service conditions.....for the same the last 2 years i am being paid only 75 percent of my salary under some pretext of ad-hoc payment which again the high court of Bombay has viewed seriously in the above mentioned writ petition.
3) so do i still have to give the 6 months notice period? i dont wanna suffer anymore morally socially and financially for another 6 months. i want my release letter as soon as i submit my resignation.
Please help.
s srinivasan
(Querist) 18 April 2014
Dear Mr. Arunagiri,
Firstly thank you for your prompt reply.
Let me update you with some facts.
1) when i joined my company in 2002, the notice period then was 1 month, it was changed to 6 months sometime ago (i'd say between 5 to 7 years ago, of which i cannot recollect a staff notification being issued becos my company was exempt under some act to do so!) if you read the WP1066/2013 of the Bombay high court you will see.
2) as per labour laws i am to reliably understand that any change in wages or emoluments shall tantamount to change in service conditions.....for the same the last 2 years i am being paid only 75 percent of my salary under some pretext of ad-hoc payment which again the high court of Bombay has viewed seriously in the above mentioned writ petition.
3) so do i still have to give the 6 months notice period? i dont wanna suffer anymore morally socially and financially for another 6 months. i want my release letter as soon as i submit my resignation.
Please help.
s srinivasan
(Querist) 18 April 2014
i am available on 9840132065 or a320captsrini@gmail.com
Devajyoti Barman
(Expert) 18 April 2014
What is the status of ID pending in the Tribunal. The HC refuses to pass any order leaving the same to be decided by ID Tribunal only making it clear that both management and workmen would be bound by the settlement which was in prevalence during the pendency of the said writ petition.
You may nevertheless serve them 21 days notice so they come up with their reply in support or in against the said notice period.
s srinivasan
(Querist) 18 April 2014
Dear Mr. Burman,
Thanks once again for your reply.
That's one ID case that will forever remain pending! No offence to any one here.
I intend to resign, that confirmed, i want to make my stay here as short as possible.
My friends who have left bfore me without giving 6 months notice period keep getting notices from company and have engaged lawyers to defend them, though thier case hasnt reached the doors of any court as yet.
let me very blunt.....for the last 2 years 25 percent of my salary is being withheld.
does it not constitute a change in service conditions? if yes then why should i give the required notice period is my contention and if i dont why does the company want to hound me there after my not settling my dues.
Devajyoti Barman
(Expert) 18 April 2014
The court restored status quo only without going into merit of cases of respective parties.
I would suggest you to leave the company giving 21 days notice and later filing claim for getting your due salary.
s srinivasan
(Querist) 18 April 2014
dear Mr. Burman,
Thanks for all your responses.
It has been a real pleasure. i assure to meet you again here or in person in kolkatta.
Good night for now!
With warmest regards
Capt. S. Srinivasan
Rajendra K Goyal
(Expert) 19 April 2014
Agree with the advise of expert Devajyoti Barman ji.
Biswanath Roy
(Expert) 19 April 2014
Going through all of your contentions and on perusal of experts views I opine you to give notice of 21 days only.
R.V.RAO
(Expert) 20 April 2014
agree with sri barman ji.
T. Kalaiselvan, Advocate
(Expert) 20 April 2014
I think Mr. Barman's opinion on the subject will bring some respite to the author. I agree to the views.
