Legal Question in Employment Law in India

I am employed with a Maharatna CPSU at Noida since 2007. In view of better opportunities and serving options, I need to switch my job in other govt organisation. In case of joining in other govt orgn, it is required to produce 'No Objection Certificate' from the previous Govt employer. Now, my current employer is not issuing me NOC for the reason that they require substitute of equal capacity of mine.

Procedure is like the NOC form is to be approved/ issued by HR Deptt. duly screened and commented by Deptt Head. There is a column in the Performa, which asks for requirement of substitute and the same has to be commented by Head. In case, if Head answers in yes, HR simply denies giving NOC to the employee in need.

Such action bars me to exercise my fundamental right to freedom to practice any occupation under Article 19'g'.

How can a company stop any employee seeking quit from the company just because of substitute?? It is simply absurd and non-nonsensical!

Kindly advise in what way should I proceed to get NOC from current employer so that the same can be produced to another govt employer?


Asked on 5/13/15, 9:38 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

13.05.2015

Dear Sir / Madam,

Government Service Rules stipulate the following :

The Corporation reserves the right not to accept the resignation of any employee if the circumstances so warrant, i.e. if the employee is under suspension, pending Inquiry, if the disciplinary proceedings against such a employee are pending (Charge sheet already issued) or a decision has already been taken by the Competent Authority on record to issue a charge sheet etc. against him / her unless it is considered desirable by the

Competent Authority to accept the resignation in �Public Interest� and Corporation�s interest.

The Company cannot withhold the issue of the NOC on the ground of availability of equal substitute to replace you.

Central Government Act

Further Article 16 in The Constitution Of India 1949 reads :

16. Equality of opportunity in matters of public employment

(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

You should submit the above in your request representation to the Company to grant you the NOC.

Regards,

Read more
Answered on 5/13/15, 10:16 am


Related Questions & Answers

More Labor and Employment Law questions and answers in India