• Company not providing me with relieving letter

Hi, I joined ONGC one month back and I have resigned on 23 September 2017(I was in probation period) giving 8 October 2017 as my relieving me date as I have to join IOCL on 16th of October. But the thing is HR of ONGC is not providing me with a relieving letter and delaying it on purposely. I have pleaded to them but they are not listening failing to join on 16 without relieving letter may lead to cancellation of my job offer of IOCL. 
I am under great distress what should I do my whole life and career is on stake
Asked 8 years ago in Labour

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

17 Answers

Well, it is really unfortinate that youa re not getting Reliveing Letrr which is rotuitneloy issued unless any discolinary proceeding is pending.

If there is no such proceeding pending then meet the higher officials and seek the same.

If it still doesn't give you any result then file a writ petition in high court.

ufind there is no other expeditious remedy.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Hello,

You may immediately send them a legal notice/ representation and even thereafter if they fail to give you reliving letter you may prefer a writ in the High Court.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If you've already written to the HR in the matter, immediately approach the High Court challenging the inaction of HR which has drastically failed in issuing the discharge certificate to you.

Seek a writ of mandamus. Approach the Delhi High Court.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

What is notice period provided in your appointment letter .?

2) you cannot give 15 days notice and expect company to give you a relieving letter

3) you have to serve the notice period than only will company give you relieving letter

4) seek extension of time for joining new organisation

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

I know that there is no notice period during probation period and hence the aforementioned advise has been rendered.

Send then a representation, it will work.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

What's the status of your resignation? Has it been accepted? The service rules of ONGC will have to be perused to give you a concrete answer. What do they say about resigning during the probation period? Do you sign any bond?

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

If there is no notice period provided then you are not required to serve any notice period

Send reminders to HR department to issue you relieving letter

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Ask some of your colleague to provide you with a copy of service rules. Look of the are being adhered to.

In case of non adherence, you've the option of approaching the High Court. Even otherwise, you could try you luck by way of approaching the High Court and seeking the requisite direction against the HR department.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Challenge their arbitrariness and lethargy in the High Court.

Contact an able local Lawyer who is expert in dealing service matters.

I could help you too. Do let me know incase you need any help.

Best,

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Yes. Only High Court can save you at such a short notice.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

You please send them a representation, the same will work.

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

file RTI application with company as to whether your resignation letter has been accepted or not

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

it would be difficult for you to get orders from HC in span of 10 days

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

The short duration employment from one organisation to another cannot be a hindrance to join the other organisation.

This short tenure will not be even counted for your experience then why do you rely on this.

Have you informed the new employer about the previous employment?

If not, then you dont require even NOC for this.

However you may communicate your decision to the previous employer by sending a letter by registered post and keep the acknowledgment, if you dont get any response for this, you may show this letter to the new employer and convince the ne3w employer about your inability to provide the relieving letter despite making best efforts to this.

You can even issue a legal notice through an advocate on this to the previous employer.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

I am in probation period and during probation(according to company policies) there isn't any notice period I submitted my resignation on 23rd of September asking to relieve me on 8 oct

Do you have the offer letter and is there any claus e restricting you from resigning without notice period, have you sent the resignation letter by post and do you have an acknowledgment for that.

You can issue a legal notice if you dont get a reply within stipulated time.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

No, I haven't signed any bond with them. how unfortunate it may sound but they haven't given us single page of rules and regulation.

And regarding remainder-I have cried in front of them reg my relieving process they replied just one thing -It will take time and no assurance was given that how much more time it would take

Crying before them will not attract sympathy.

They may observe their own rules (ego) on such issues hence you may have to resort to legal measures to get relieved.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Given the time frame as I have to join the new company on 16th of October (they are not entertaining any extension request) i.e. 10 days from now is it advisable to go to High Court?

You may keep it as a lost resort to file a writ petition before high court seeking to direct the previous employer to relieve you immediately to facilitate you to join the new employer and also may implead the new employer as second respondent to block your vacancy till the previous employer relieves you properly, but it is to be seen that how effective this step will be

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer