• Release from Tempory Posting and Relief for harassment

Hi Madam/Sir,
I am employed with Steel Authority of India Ltd, a Maharatna company under the Ministry of Steel,GOI since almost 12 years. I am currently Manager with E4 grade.
I was serving in the Visvesvaraya Iron and Steel Ltd, Bhadravathi, Karnataka since 01-Oct-2007 till 10-May-2017.
I was temporarily posted to Bokaro Steel Plant, Jharkhand for a period of 3 months from the date of joining at Bokaro along with 8 other executives across various grades.
Salary would still be paid by VISL, Bhadravati and my attendance would be forwarded by personnel dept.Bokaro to VISL for salary and dearness allowance.
I was told that the temporary posting is not due to any disciolinary action nor due to any vigilance remarks or anything otherwise.
My first tenure of 3 months got completed on 16-Aug-2017.
Of the total 9 executives, 2 were released from Bokaro upon tenure completion and remaining 7 including me were ordered by SAIL corporate office New Delhi to continue on a further tenure extension for period of 3 months,i.e., upto 16-Nov-2017.Upon completion of tenure on 16-Nov-2017 I have not yet been released from Bokaro.
The circumstances under which 9 executives were temporarily posted and selection criteria are shrouded in mystery and not transparent. Our VISL, Bhadravathi unit was slated for divestment by GOI. It was having 100 odd executives and 400 odd non-executives on rolls in the month of May-2017. So we thought ours was first batch to be redeployed. But when 2 of my batchmates were released by CO, New Delhi I realized I have been target of harassment by of vested interests in Personnel Dept, VISL,Bhadravathi and CO New Delhi. And also no furrher batches were redeployed on temporary basis or otherwise.Since I am native of Mysuru I had taken a mutual transfer from Bhilai Steel Plant,Chhattisgarh in Sept-2007. Till date around 85 executives are still in VISL and process of divestment has not found any prospective buyer yet.
I 38 years old and have a wife and a 2 years old daughter now living with my in-laws place T.Narasipura, Mysuru, Karnataka. I have not been allowed to bring my family to Bokaro and I am put up at bachelors' hostel. Now I have to look after my family at Mysuru and take care of company allotted quarters at Bhadravathi, Karnataka and look after my self in Bokaro.
Also my daughter health got up set many times due to febrile siezures due to sudden high fever and treated by pediatric neurologist in Bengaluru.
I represented my case through VISL and Bokaro personnel dept to CO, New Delhi and also on CPGRAMS, Ministry of Steel.
So far they have not taken action in favour of me owing to hardship I am facing. The bureauratic approach by CO,New Delhi has left me away from my family who require my presence at this phase of life.
Now, kindly guide me as to how I can get released from Bokaro and sue my company for the harassment meted out to me and provision for claiming monetary relief from SAIL.
Asked 8 years ago in Labour

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5 Answers

1) your temporary tenure comes to an end on 16th November 2017

2) wait for response to your representation made to head office that you be permitted to revert to your parent cadre on completion of deputation period

3)do not sue the company at this stage

4) if no reply is received and your deputation is extended file application before CAT to direct VISL to release you from Bokaro and absorb you in karnataka

Ajay Sethi
Advocate, Mumbai
100075 Answers
8172 Consultations

Since you have already represented your matter before Bokaro personnel dept to CO, New Delhi and CPGRAMS, Ministry of Steel, it is advisable you approach the High Court within whose jurisdiction VISL falls and challenge their inaction in your matter.

Moreover, since even your representation has not been addressed till date, the Court might dispose off the petition with a direction that a reasoned and speaking order be passed on your representation.

Vibhanshu Srivastava
Advocate, Lucknow
9770 Answers
323 Consultations

Hello sir, it is advisable to file a writ in high court , rather them approaching senior authorities of the company ,, the heirarchy system of such companies will never give a satisfactory result .. It is advisable to file a writ in Delhi High court , for the relief that you are seeking

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

You may now approach the HC against the inaction of VISL on the basis of the representation that you have already made before the Bokaro personnel dept to CO, New Delhi and CPGRAMS, Ministry of Steel.

You might atleast get this direction that the representation pending be decided.

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You vent out your grievances and draft a representation narrating all your difficulties due to this posting and the hardships you face due to discontinuation of the temporary reposting.

Send this representation to the top management through proper channel with a copy endorsed to your union seeking their inter intervention also.

Subsequently, if you dont get any relief you may approach court of law with a writ petition seeking relief and remedy.

T Kalaiselvan
Advocate, Vellore
90278 Answers
2510 Consultations

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