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recruitment in PGCIL - reg

(Querist) 01 January 2011 This query is : Resolved 
Dear expert

I am mani from pondicherry. I went written exam for post of asst finance in power grid corporation India LTD ( govt. of India undertaking).actually they were call the vacancy through employment exchange in my state .I am only one person select in puducherry union territory. then I went to personnel interview But, they were select the candidate from other state.Please see the SL. NO. 5 employment news from my state employment exchange .they did right or wrong.? It's a violet against employment exchange compulsory act 1959.
Kindly give a suggestion if possible to file the case against them.
I am waiting for your valuable reply.

Thanking you

mani

suresh_24nc@yahoo.com







Kirti Kar Tripathi (Expert) 02 January 2011
The Employment Exchange Compulsory Notification Act 1959 does impose any obligation on employer to recruit any person whose name is referred by the employment exchange, it require only obligation to ask the name of eligible candidates enrolled in the Exchange for open recruitment in case, the other candidates possess better qualifications or assessed better by the employers in the interview, the employer is well within its right to recruit him ignoring the candidates referred by the Employment Exchange. The relevant provision of Act is be produced here in below.

4. NOTIFICATION OF VACANCIES TO EMPLOYMENT EXCHANGES. - (1) After the commencement of this Act in any State or area thereof, the employer in every establishment in public sector in that State or area shall, before filling up any vacancy in any employment in that establishment, notify that vacancy to such employment exchanges as may be prescribed.

(2) The appropriate Government may, by notification in the Official Gazette, require that from such date as may be specified in the notification, the employer in every establishment in private sector or every establishment pertaining to any class or category of establishments in private sector shall, before filling up any vacancy in any employment in that establishment, notify that vacancy to such employment exchanges as may be prescribed, and the employer shall thereupon comply with such requisition.

(3) The manner in which the vacancies referred to in sub-section (1) or sub-section (2) shall be notified to the employment exchanges and the particulars of employments in which such vacancies have occurred or are about to occur shall be such as may be prescribed.

(4) Nothing in sub-sections (1) and (2) shall be deemed to impose any obligation upon any employer to recruit any person through the employment exchange to fill any vacancy merely because that vacancy has been notified under any of those sub-sections.
R.Ramachandran (Expert) 02 January 2011
I am quite sure that Mr. Mani would have been the most satisfied man with the clear answer given by Mr. Kirti Kar. Whatever doubts that Mr.Mani might have had has been cleared by Mr. Kirti Kar with his comprehensive and presice answer in the backdrop of the legal provision.
Ahmed Daud Girach (Expert) 02 January 2011
Employers obligation is to intimate vacancy only and it is not compalsary to recruit them.Now Power grid corporation of india ltd. is a central government undertaking so it can recruit All india basis.A filthy ground of objection can be raised in case of reserved caste.Some caste reserved according to state are not reserved in central rules and vice versa.If you come across any such case affecting Roster you may raise a querry.But as I said it is a filthy ground.


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