• Private job during the leave without pay period of up govt employ

Plz tell the rule regarding work at other private firm during the leave without pay period by a up state govt employee.if it is illegal than what problem can arise for govt job employer. If govt employer get any proof from private employer like bio matric attendance than govt employer has right to terminate me ?? Plz guide me in detail with all dhara and acts. Also guide me if there are any chance and mean to save my govt job in this situation.
Asked 7 years ago in Labour

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5 Answers

1)govt employee working in private organisation during the leave period amounts to misconduct and is ground for dismissal from service

2) rule 13 of " The all India services (conduct)rules, 1968

Rule 13. Private trade or employment.—(1) Subject to the provisions of sub-rule

(2), no member of the Service shall except, with the previous sanction of the

Government,—

(a) engage directly or indirectly in any trade or business, or

(b) negotiated for or undertake, any other employment, or

(c) hold an elective office, or canvass for a candidate or candidates for an

elective office, in any body, whether incorporated or not, or

(d) canvass in support of any business of insurance agency, commission

agency etc. owned or managed by any member of his family, or

(e) take part, except in the discharge of his official duties, in the

registration, promotion or management of any bank or other company

registered or required to be registered under the Companies Act,

1956 (1 of 1956), or any other law for the time being in force, or of any

co-operative society for commercial purposes.

17(f) Participate in, or associate himself in any manner, in the making of:—

(i) a sponsored media (including radio, television programme, or

(ii) a media programme commissioned by Government media, but

produced by an outside agency, or

(iii) a privately produced radio or television or other media

programme including a video magazine.

Provided that no previous permission shall be necessary in the case a

member of the service participates in a programme produced by the

Doordarshan on a subject dealt with by him in his official capacity.

18(g) Involve or engage himself in the registration, promotion, management

of other kinds of activities of any non-Governmental organization if the

same is aided by the Central Government, State Government or an

international organization or agency;

3) UP state govt service rules must be containing similar provision

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. A government employee unless and until he is terminated from his present job can not engage in any gainful employment with any other employer.

2. Leave without pay does not mean the termination of employment and during this time the employee very much remains the employee of the original employer and hence employment with another organisation would be treated as misconduct on which basis a disciplinary proceeding can be initiated agaisnt you and if found guilty you may be terminated for the job.

3. So just pray that your employment with the private firm is not proved. Else your job can not be saved.

All the best.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

In India many people have or want to opt, to meet his daily expenses, for multiple jobs or dual employment.

Though there are plenty of labour enactments in India, everyone is silent about this issue of “dual employment” except the Factories Act, 1948. Section 60 of the said Act, says:

“60. Restriction on double employment.—No adult worker shall be required or allowed to work in any factory on any day on which he has already been working in any other factory, save in such circumstances as may be prescribed. “

Recently (2016), the Hon’ble Punjab & Haryana High Court has held that the termination of a driver who was working since 2001 to be valid, when it was found that the said driver was engaged in dual employment and salary slip and other documents to that effect were also produced before the Hon’ble Court. In another case, the Madras High Court in 2012 held that the termination to be valid when a Grade III operator was found to be engaged as a director of another company. In both the cases, the labour law advocates engaged on behalf of the employees argued but failed to establish their points.

However, each and every case while deciding the aspect of dual employment has to be deal individually and on factual aspects.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

1) you still continue to be govt employee

2) you may be on leave without pay but during your course of govt employment you cnanot work for private organisation

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Court will not provide any relaxation for you to work in a second place simultaneously while already employed in the government organisation.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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