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Joining in new psu (Labour & Service Law)

This query is : Resolved
Author : ashutosh
Posted 2 years ago
I friend of mine was selected in central public sector enterprise through on the
post of Asst Engg (Trainee). He was kept on probation for two years. According
to service contract of employment either party can terminate the contract by
serving one month notice or pay of one month in place of that and it was
govern by central civil services 1965 rules service condition was under central
civil service service rule 1965. But after joining that time due to serious family
problem he came to home and send my leave application to my place of
posting. But they replied him to join duty . Due to serious family he again ask
for leave but they replied him that this was final warning to him and join
immediately otherwise they would start disciplinary action against him. But due
to compelling family situation he couldn't joined. After this 10 months have
passed and the company has not send any further letter to him. He also did not
approach the company due to fear of disciplinary action. Now a other PSU has
released waiting list for their organization recently . he declared successful in
the waiting list. he had applied and appeared in the interview of this PSU much
before joining this organization.
I want your valuable suggestion on following queries.
1) Can he join this new company as he appeared for interview much before
joining in his organisation? and waiting list has released recently.
2) Since the company has not send any letter after final warning will it be
assumed that his service would have terminated?
3) what is the correct way for joining in this new psu?
Pl give your valuable advice.
thanks
Expert : Sudhir Kumar
Posted 2 years ago
This appears to be a repeated query. If not repeated query this is repeatedly
reported behavior of Engineers joining PSUs creating such problem and then
coming to this site.
First of all it is wrong to assume that due to fear of disciplinary action he did not
join. If he feared disciplinary action he would have joined.
1) Can he join this new company as he appeared for interview much before
joining in his organization? and waiting list has released recently.
Ans : No. He is already on the rolls of one PSU and he will have to hide this
material fact before new PSU. Even his police verification will be based n wrong
declaration (if he worked in a town other than his origin in old PSU). He can be
proceeded against by new PSU when they come to know (they may at time
before he retires) of his being simultaneously employee (though not getting
salary but encroaching a vacancy and at liberty to join any time) of another
PSU.
2) Since the company has not send any letter after final warning will it be
assumed that his service would have terminated?
Ans : No
3) what is the correct way for joining in this new psu?
Ans : After resignation from old PSU. They may reject resignation if they have
issued a chargesheet. The new PSU must be informed o the previous
employment. Other wise he is free to do as he likes because it appears he
might have hidden previous employment while applying to new PSU.
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J oining in new psu http://www.lawyersclubindia.com/experts/J oining-in-new-psu-280201.asp
1 of 3 6/3/2014 2:37 PM
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Expert : K.S.Srinivas
Posted 2 years ago
I agree with the suggestion of expert Sudhir Kumar.
Expert : Kirti Kar
Tripathi
Posted 2 years ago
These are two separate units(PSU). one is not related with another. Since, you
were selected on the basis of selection, which took place prior to your
appointment in earlier PSU, It will not affect your new employment. However,
your earlier employer may take action on the basis of contract, which you have
entered with your earlier employer.
Expert : PS Dhingra,
dcgroup1962@gmail.
Posted 2 years ago
Dear Ashutosh,
1) He cannot join new company, unless he submits a resignation and the same
is accepted formally by the competent authority of the present PSU.
2) If the company has not sent any letter after final warning that does not
mean his services has been terminated automatically. He is likely to get charge
sheet of major penalty to explain his conduct and defend himself for remaining
on unauthorised absence during regular inquiry to be conducted under Rule 14
of the CCS (CCA) Rules, 1965.
3) Please refer to reply to point (1) above.
Expert : Kirti Kar
Tripathi
Posted 2 years ago
I agree with Mr. Dhingra to the extent that unless services are formally
terminated by earlier employer either by way of resignation or otherwise, He
can not join new company.
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J oining in new psu http://www.lawyersclubindia.com/experts/J oining-in-new-psu-280201.asp
2 of 3 6/3/2014 2:37 PM
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J oining in new psu http://www.lawyersclubindia.com/experts/J oining-in-new-psu-280201.asp
3 of 3 6/3/2014 2:37 PM