Unlawful removal from services of ongc
Krishnan
(Querist) 04 January 2012
This query is : Resolved
1. I resigned from ONGC in October 2009 by serving a notice period of 1 month perfectly in line with the terms of my appointment in ONGC read with the applicability provisions ofONGC Service Rules 1995.
2. My terms of appointment in ONGC mentions that terms other than the notice period and four other conditions will be governed by rules and regulations in force from time to time.
3. Applicability provisions of ONGC Service Rules 1995 states that nothing in these rules shall operate to deprive any employee any right or privilege he is entitled to by the terms and conditions of service or any agreement subsisting between him and the Company at the commencement of these rules.
4. Ignoring the points referred above, ONGC imposed a major penalty of removal of service on me for the alleged reason of not serving a notice period of 3 months on resignation from the Company as stipulated under ONGC Service Rules 1995.
5. I have repeatedly appealed to ONGC Management (under the CDA Regulations of ONGC) requesting to accept my resignation considering the above points.
6. ONGC never responded to the violation of my terms of appointment and its Service rules as pointed out in my appeals, but did not entertain my appeals, thereby refusing me my legitimate dues payable on resignation.
7. I have repeatedly appealed on the matter through the Ministry of P&NG and the PMO also. Despite reference from these offices, ONGC continues send the same replies without mentioning anything on the violation of my terms of appointment and the ONGC service Rules 1995 mentioned above.
8. What shall I do now for getting justice at the earliest?
Sudhir Kumar, Advocate
(Expert) 04 January 2012
As per your description the case appears to be imposition of a harsh penalty of removal from service on the charge of non-service of three months notice. This seems to be incorrect as generally such course is not adopted for such action. There may either be some more surrounding facts. In case this is the charge the penalty is excessively harsh. You queyr is vague in as much as it does not indicate whether a chargehsset was issued or Inquiry was held before3 imposition of major penalty. It is also not clear as to whether on receipt of penlaty order have you submitted [within stipulated period which is generally 46 days] any appeal to the Appellate Authority [as laid donwn in CDA rules of ONGC] or you hve been simply writing letters to ONGC or to Ministry. If appeal is rejected whether you have submited revision.
Krishnan
(Querist) 05 January 2012
Clarification to the points mentioned by Mr. Sudhir Kumar is as under.
1. There are no other surrounding (hidden)facts to the case.
2. ONGC served me a Show cause Notice dated 07th February 2010 seeking explanation for not serving a notice period of 3 months while tendering resignation. The only charge indicated in the Showcause notice was not serving the notice period of 3 months and this was the first and only Showcause notice served on me during my entire service period of 21 years with ONGC. This Showcause notice was dated about three and a half months after my last work day with ONGC (i.e.Three and half months after working for the 1 month notice period I served to ONGC).
3. No enquiry was conducted before imposing the major penalty on me.
4. The Penalty Order signed by the CMD, ONGC (the disciplinary authority)was dated 09th June 2010 and my appeal addressed to the CMD, ONGC for review of the Order was dated 15th July 2010; that is to say my appeal was well with in the mandatory period of 45 days stipulated under ONGC CDA Rules.
5. I was never communicated a decision by the CMD, ONGC on my appeal; but it was coveyed to me by ONGC that "concerned Section in ONGC" has examined my appeal and the decision warranted no review. Still I am unclear as to whether a Section in ONGC is empowered to decide on an appeal to the CMD, ONGC, on a decision taken by him. Though I brought this point also to the attention of CMD, ONGC the question still remain unanswered.
6. After the above response of ONGC also, I repeatedly appealed to CMD, ONGC for review of the decision for which ONGC has been maintaining the same stance.
7. The notice period of 1 month served by me is supported by my terms of appointment in ONGC and the applicability provisions of ONGC Service Rules (Copy of my resignation notice and terms of appointment are attached for reference.)
8. All documents are available with me which support the above facts.
9. It is a clear case of victimization wherein ONGC has denied various legitimate dues payable to me like leave encashments, incentives pertaining to years 2007 and 2008 etc, stating the reason of the major penalty imposed on me for not serving the notice period of 3 months.
10. More than anything, the major penalty imposed is a severe humiliation to me after putting in more than 21 years of blemishless service with the Public Sector Major.
11. I will be grateful if an early solution can be suggested to this imbroglio.
Regards,
Krishnan
Advocate. Arunagiri
(Expert) 05 January 2012
Your appellate authority is not CMD, it is the board of directors, as per the rule.
If your appeal is not disposed even after a reasonable time, you may prefer a WRIT. I dont think CAT is entertaining ONGC cases.
Krishnan
(Querist) 06 January 2012
Kindly clarify on the following.
1. Where should the Writ be filed? Is it at Delhi high court?
ii. Will personal presence of the petitioner be required in such a petition?
iii. What could be the reasonable time within which a decision can be expected in such a petition?
Krishnan
V R SHROFF
(Expert) 06 January 2012
Writ:
whee it's Registered office address
your personal pr not necessary except for admitting
Pl Clear: whether any change of Terms of Employments, after your appointment before 21 years, was intimated to you??
Was period of Resignation Notice increased from 1 month to 3 months, and informed to you??
Was your reason to resign justified??
Krishnan
(Querist) 06 January 2012
Response to the points raised by Mr. V.R.Shroff is as under.
1) Change of notice period from 1 month to 3 months was never notified to me till I submitted my notice of resignation.
2) I joined ONGC in 1988. After I tendered my Resignation notice, I was informed that under ONGC SERVICE RULES, 1995, an employee who has completed 3 years of service will need to serve 3 months' notice for resignation.
3) However, Rule 2(2)(b) of ONGC Service Rules, 1995 states that NOTHING IN THESE RULES SHALL OPERATE TO DEPRIVE ANY EMPLOYEE OF ANY RIGHT OR PRIVILEGE HE IS ENTITLED BY THE TERMS AND CONDITIONS OF SERVICE OR ANY AGREEMENT SUBSISTING BETWEEN HIM AND THE COMPANY AT THE COMMENCEMENT OF THESE RULES (Relevant Extracts from ONGC Service Rules attached for reference).
4. Notice period of 1 month is part of my terms of employment agreed in 1988. Under Rule 2 (2)(b)of the Service Rules, I believe, I cannot be deprived of the right to resign from the company by serving 1 month notice.
5. Though the above aspect was specifically brought to the notice of ONGC in my appeals, they have never addressed the same and contended that para 6 of Annexure-1 to my offer of employment mentions that other terms of service will be governed by the relevant Rules, regulations and orders in force from time to time. HOWEVER, IT MAY BE SEEN THAT '1 MONTH NOTICE PERIOD FOR TERMINATION OF EMPLOYMENT BY EITHER SIDE' IS CONTAINED IN PARA 2 OF ANNEXURE-1 AND THAT AS PER CONTENTS OF PARA 6, CONDITIONS OTHER THAN THOSE CONTAINED IN PARAS 1 TO 5 CAN BE GOVERNED BY THE RULES PREVALENT FROM TIME TO TIME AND THAT TERMS CONTAINED IN PARAS 1 TO 5 SHALL REMAIN UNCHANGED (Extracts of terms of employment attached earlier for reference).
6.My reason for resignation was "compelling personal grounds" and from my point of view, it was quite justified. ONGC never sought any clarification regarding my reason for resignation. Rather, it conducted my exit interview also and did not intimate rejection of my resignation notice till my last work day with ONGC.
Regards,
Krishnan
Raj Kumar Makkad
(Expert) 08 January 2012
I think you have already been replied in detail touching all aspects of your query and no new fact has been posted by you subsequently requiring more interpretation.
M/s. Y-not legal services
(Expert) 05 January 2012
