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Indian Law/PSU to PSU jib change


Sir, I have worked in a PSU (say A) for 6 years.  I applied for a job in another psu  (say B). After online application I simply forwarded a letter requesting NOC (have not forwarded the application through A to B). After 45 days I got interview I again sent a reminder about NOC..though B took a undertaking about submission of NOC and allowed me for interview..20 days after interview ( 83 days after my first NOC application) I got a reply from A that I had to forward the job application through proper channel. So I decided to resign and submitted a resignation and consequently I got relieving order. I sent the relieving order to PSU B. Finally I got selected. But now at the time of joining PSU B  is saying that they need relieving letter and NOC both..please guide me...

Govt. Of India from time to time issued many guidelines to the effect that forwarding of application should be a rule rather than an exception. Through these guidelines they emphasized the importance of forwarding the application of employees for outside employment for better prospects. As per those guidelines, normally forwarding of application of a bright candidate should not be restricted unless the concerned employee is under suspension or a disciplinary proceedings or a criminal prosecution is pending against him or a charge has been framed.

High Courts and Supreme Courts have held in a number of cases that right of an employee to search for better employment shall not be curbed even on the ground that an employee has got some training or possessed confidential data of the employer. (American Express Bank Ltd. vs. Ms. Priya Puri, 2006 LLR 683, the Delhi High Court).

Non-forwarding of application or non-issue of NOC amount to violation of Human Rights as it is affecting the Rights relating to Life,Liberty,Equality and Dignity of the individual guaranteed by the Constitution of India.( Dr.(Miss) Subhash Kaushal v. State of Punjab & others II - LLJ 1982 page 215).
Accordingly, in the instant case, you should serve legal notice to your ex. Employer to issue NOC with retrospective date. Simultaneously lodge an online compliant through Grievance Redressed Mechanism of the Govt. of India and ask for extension of joining time from your new employer atleast for two months. You can also file a civil case under 223 of the constitution for violation of Fundamental Rights guaranteed Articles 14 and 16 by the Constitution of India.

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Arun Kumar Maitra


Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.


I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore



Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

Past/Present Clients
I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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