Kamlesh Choudhary
07 December 2016 at 15:27
Dear Sir,
My current designation is officer on contract (GP 7600) in an autonomous institute and this is a group-A post.
The advertisement from another autonomous institute reads as 'Those who are in REGULAR service in Government / Public Sector Establishments / Autonomous Institutions will be required to produce a No Objection Certificate, if called for interview.'
My first question is that in my case is it mandatory for me to take NOC from current employer and is it mandatorily to be produced at the time of interview; I am probably not a regular employee as my contract gets renewed after a specific period.
Secondly, Is there any rule / OM in this regard which may be applied/ cited everywhere or the requirement of taking and producing NOC would be situation specific.
Kindly enlighten with the details of the law, OM etc. if there is any.
sunil kumar
07 December 2016 at 08:26
Dear Experts,
I am working in a public trust/NGO in Delhi. I was on my probationary period which was due to end on 15th Dec. I was terminated in November due to my bad performance and absenteeism from work. These grounds are not correct as they terminated me for being reserve and less socialising with the collegues. Also, I am not very good in english speaking but these two never affected my work. I met all the deadlines. I got a warning letter just 2 days prior to the termination , I replied to the letter negating all the grounds and properly explained all the points but on reciept of that reply they handed me over a termination letter. I did not accept the letter and wanted to discuss but nothing of this sort happened. They asked me to leave and forced me to sign privacy agreement ( stating I will not disclose it to anyone ) and also the termination letter . I refused to give my consent on the letter and they thretened me that my salary will be forfieted. I did not sign either of the letter.
Also, they sent emails to other employees that the termination was mutual and he himself left.
I want to ask all of you to help me on this. Please let me know how to go about it.
Read more at: http://www.lawyersclubindia.com/forum/Termination-on-false-charges-by-an-ngo-public-trust--144919.asp
Roy
06 December 2016 at 10:31
Steps followed so far, after layoff:
Number of days worked: 4 years 237 days. I was in IT and the company had 5 working days.
1) Sent employer form "I" claiming gratuity, annexure in Payment of Gratuity Act 1972. Sent email reminders, no response for 2 months. (Registered post, received acknowledgement)
2) Sent form "N" to Assistant Labor Commissioner of designated area, no reply or any change after a month of receiving application.(Registered post, received acknowledgement)
What should I do next?
Wait for reply from Labor Commissioner? If yes for how long? If no, should i file an RTI to Labour department of the respective region?
Or
Should I file a case in Labour Court in Karnataka? If yes how to go about it? Do I need to hire a lawyer?
Or
Should I file a case in Consumer Court? If yes how to go about it and is there a need to hire a lawyer?
Syed Sadiq Hussain
04 December 2016 at 16:45
I was placed under suspension by an order dated 24/02/2012. Thereby, as per the order dated 02/03/2012, the suspension order was revoked suo moto by the authority which had ordered the suspension.
According to circular instructions of the Government under which I am working, an order of suspension will not come into effect unless the concerned employee is relinquished of his duties and he hands over the charge of his post.
However, the head of my office had never relieved from my duties on and after the suspension but before the date of my reinstatement. The head of my office was punished, by means of his transfer, on the charge of allowing me to attend my duties even after the order of my suspension. This aspect is covered in the order of his transfer, issued on 25/05/2012, i.e. after the expiry of a period of 3 months from the date of suspension order.
A false charge of unauthorised absence was made against me. The same is held to be proved by the EO, based on the oral witness of an officer immediately superior to the head of my office. Attendance Register was neither included in the Annexure-3, list of documentary evidences, nor was summoned by the EO during Enquiry.
Similarly, one more charge was made against me to the effect that an officer of the office of the Head of my Department had conducted an inspection of accounts of the office in which I was working and I had refused to produce the concerned records for inspection.
The alleged inspection was conducted on 22/03/2012. On that date the Head of my office was not present. Accordingly, the officer had deposed before the EO, stating that he was out of station from 22/03/2011 to 26/03/2011. As such, he was unaware of the incidence took place on 22/03/2012.
Quite contrary to this statement, another PW has deposed against me stating that he was accompanying the inspecting officer during the inspection conducted on 22/03/2012. The Head of my office was also present thereat. He had asked the Head of my office to produce the record for inspection. Accordingly, the Head of my office had replied him that I was the custodian of the records.
The said PW was the employee of the office of the Head of my Department, situated State Head Quarter, 500kms away from the place of incidence. As per the Attendance Register of the office in which he was working he was present on his routine duty on 22/03/2011.
The Travelling Allowance Bills of the Inspecting Officer reveal that the person who was accompanying him during the alleged inspection, was a person quite different from the person who had deposed against me before the EO.
In fact, the entire proceedings were carried against me in an inherently conspiratory manner, with the collusion of the Disciplinary Authority, the EO, and the PWs.
Therefore, the experts may be pleased to guide me about the remedy to be sought by me, since I have been retired from service compulsorily from 24/05/2015 and the Appeal preferred by me during Aug-2015 itself is yet to be disposed of by the Appellate Authority.
Vikram Chauhan
03 December 2016 at 18:31
Please anybody suggest me..I am central govt. Employee from Chandigarh and I joined my services as constable Dec 27, 2016 on compassionate ground . After 6th pay commission my basic salary has been fixed 5880+2000(GP) but new constable who joined after January 1, 2006 they get 6440+2000(GP). I gave application in this regard to concern authorities in 2009 but my case was rejected, reason behind this is seniority list decentralised(we are from same department, same rank, same basic pay fixed on joining that is 3050 basic. Actually in my department constable seniority prepared by state level and I put up my case with reference of Maharashtra recruited constable BUT after promotion I.e head constable seniority list made by Delhi head quarter and that is centralised seniority list. And I again put up my case in 2015 this time seniority list is same and my seniority number is 261 and his seniority number is 365 and but my case was again rejected because during the period of constable my seniority was not centralised. We are from same department same rank same seniority list and he is junior and he got 450 extra but I can't eligible for pay stepup. Please help or any suggestions...
Ashish Sharma
03 December 2016 at 14:49
Dear Experts,
In my previous company I have taken some loan. I have tender a short notice period about 15 days just one or two days before of my resignation i got my appraisal and performance bonus letter. I have talked to my senior and completed my audit. I then expected my notice period salary and my bonus both cover my dues but when they made full and final they charged me notice period amount and deny my bonus saying that it will be available to employees who are in Company payroll at the time of payment.
In performance bonus letter is was mentioned that it will be paid with salary which is not paid to anyone at that time. further it was not mentioned that employee should be on payroll at the time of payment.they said in their reply that it was in company policies..which i am not aware.
I have requested then to review it again but they are not ready to correct it.
whether I am right to ask such bonus and waive my notice period as i stay there upto audit completion though i joined them after notice period for one or two days..
or Company is right and I have to pay that amount.
Anjar hussain
02 December 2016 at 11:50
Dear sir.my father worked in indian railway as goods guard.he had passed away july 19,2016.i apply for compassionate groud job.i have 2 brothers which are in Goverment job.they live with their family seprately.my mother lives with me.i am a married man.i am the onle bread binner.raikway drm rejected my file..olz suggest me ...
jasveen
02 December 2016 at 11:28
I was working as Po in oriental bank of commerce.Recently I resigned from the bank to join a job in central govt department.
Bank accept my resignation but didn't issue a noc .the written test for central govt job had taken before my joining the bank and interview was held when I had just join the bank and it was training,so it was not possible to get Noc for interview in just a short time, but I intimate the authority through a letter and they verbally grant me the permission.now I have to join that central govt job but bank did not issue....I am just stuck ,I am very sad becoz I don't do any mistake...my future is now at stake..pls give some advice what cn I do
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Complaint against my previous employer for not providing health insurance
I joined a software company and fell sick after two weeks and was hospitalised for typhoid treatment. HR told me earlier that I will get health insurance but denied when I quit after a month of service. Can I file a complaint against my employer for not providing me health insurance during my tenure of employment.
They did not mention in my offer letter that I will or will not get health insurance.