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rani   12 August 2016

Dismissal from iocl

I have been dismissed from Indian Oil Corporation Ltd after long enquiry proceeding of misconduct.

1). whether I am eligible to join Civil Services or other govt jobs?

2). whether the dismissal order can be challanged in CAT? or I have to move to court only.



Learning

 14 Replies

Kumar Doab (FIN)     12 August 2016

Apparently the Indian Oil Corporation Ltd has its Certified Standing Orders.

If you are covered by the standing orders, appeal can be preferred as per the  manual for employees.

Exhaust the internal remedies.

Generically speaking: Dismissal  may be a bar for future employment with government.

Further your own counsel that has examined full case file can advise you the best.

 

 

1 Like

rani   12 August 2016

As per company provision , appeal is filed. But they are not setting aside the dismissal order. At the same time they are unnecessarily prolonging the entire process. Now I am in big dilemma.

At this juncture, whether I shall move to CAT/ Court or wait till the decision of appeal come?

Whether IOCL is under the CAT juridction or not?

Which court or tribunal is appropriate for such matters. whether it can be filled any where in India or the concerned Geographical location only where the incident happend?

Please advice

Kumar Doab (FIN)     12 August 2016

Your own counsel that has examined full case file can advise you the best.

Your counsel may opine to cultivate on the defects.

1 Like

rani   12 August 2016

 Till now I have not taken any counsel since as per company provision it is not allowed any counselor/lawyer.Please advice on above mentioned quiries. 

Kumar Doab (FIN)     12 August 2016

You should have engaged a very able counsel specializing in service matters and a defense assistant.

Your own counsel that has examined full case file can advise you the best.

It shall be a voluminous exercise.

Your counsel may opine to cultivate on the defects.

Ritesh Maity (Labour Law Advocate)     12 August 2016

I think IOCL would come under the Central Government Industrial Tribunal and not CAT as far as I can remember.   

1 Like

Kumar Doab (FIN)     12 August 2016

Your counsel can cultivate on the defects.

Get something in your favor during appeal.

 

rani   12 August 2016

whether juridiction of executive post comes under the purview of labour law/CGIT?

\What kind of lawyer ( I mean expertise) is best for these matters? pls advice.

Ritesh Maity (Labour Law Advocate)     12 August 2016

If you are not a 'workman' under the ID Act, then you will not come under the purview of labour court/ CGIT. 

Kumar Doab (FIN)     12 August 2016

As suggested above You may approach a very able counsel specializing in service matters. 

piyush   12 August 2016

can you give me your contact number. 

Sudhir Kumar, Advocate (Advocate)     14 August 2016

Dismissed employee is not entitled for any job in Govt

Sudhir Kumar, Advocate (Advocate)     14 August 2016

Dismissed employee is not entitled for any job in Govt

Kumar Doab (FIN)     14 August 2016

@ Piyush,

Whose phone number?


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