Ravish Sharma (Advocate) 13 June 2015

Service law

Whether an employee's past service record effects his promotion... If he has been punished once for one offence which is minor with the punishment of withholding his promotion with non-commulitive effect, would that past incident effect his promotion..? Can he be denied from promotion solely on that ground despite being senior to other employees, his juniors has been promoted and he has been denied promotion solely on ground of his past service record..? Please suggest relevant laws and most particularly case laws, if any..??

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3 Replies

Amol Kende (No) 15 June 2015

Ok this is correct any company can denied promotion for the employee who have punished for the year when punishment inacted against employee, but if punishment term is over and now same employee performing good and the financial year is change then its not happen that in previous 2 years back under a case B employee has punished hence promotiion not done if its not a part of punishment (Punishment contains next 2/3 year promotion should not done) if its happen then employee can apply to the labour comissioner that completion of punishment term hence till promotion is on hold due to the same reason of punishmen. its its happen the in full life of the employee he will not promotoed for same reason its injustice comes under natural law

Sudhir Kumar, Advocate (Advocate) 25 June 2015

not even told who is employer. COuld be more vague.

Ravish Sharma (Advocate) 26 June 2015

Sir... Kindly refer the section in which i have raised this question... Constitutional Law... Service Law.... If the employer was any private person, I would have raised the question at Labour Law section or any Industrial section... Which is not a case here... Constitutional law and Service Law combination speaks for itself that it is got something to do with Fundamental Rights and Article 226. .. Res ipsa loquitur... ;)

Kindly correct me if I am wrong in any way and give your worthy opinion and guidance to which I would be grateful...

Regards