• My daughter working in a PSU and she has applied in another PSU without obtaining NOC

Can she ask for NOC from present employer now.
Asked 8 years ago in Labour

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10 Answers

First check whether the new employment requires nic from her previous employer or not.

If not then nothing to worried.

If yes then on getting the new employment she must tender resignation and obtain relieving letter.

If there us a bind on restrictions on quitting it within a certain time frame then noc is unlikely.

Hence check with service condition of both the psus.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. If the rules of her PSU in which she was working mandate that she should seek NOC before applying then she ought to have followed the rules.

2. If the employer is willing to grant the NOC now then she can apply.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

you are required to submit NOC at the time of interview.if you are employed in Central/State Govt departments, PSUs, Autonomous bodies and you are applying for a job in other PSU or government job you are needed to submit the NOC from your employer at the time of Interview..

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Government cannot refuse to give no objection certificate (NOC) to an employee on "vexatious technical grounds" if no public interest was involved, the Central Administrative Tribunal has said.

"Denial to grant NOC is not sustainable as it is not the case of Ministry of Defence that there is a shortage of officers and the applicant's departure would be greatly inconvenient...Neither public interest is pleaded nor could it be established," a bench of CAT, comprising Chairman V K Bali and Vice Chairman L K Joshi, said.

The tribunal passed the order on a plea filed by Satyam, Assistant Medical Officer working with the Ordnance Factory Hospital, which had rejected her application seeking permission to appear in an interview for the post of Insurance Medical Officer in Employees State Insurance Corporation (ESIC).

The Ministry had rejected Satyam's request on the ground that the last date of submission of application was over.

"The only claim of the Ministry is that the application was not submitted before the expiry of time for its submission to ESIC. This is merely a vexatious technical objection," the tribunal said.

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

If your daughter did not take NOC from present employer and appear in interview  then she can prefer undertaking that at the time of appointment she will produce NOC. However NOC is not required at the time of filing of application form. If present employer causes any hindrance and does not issue NOC then you should prefer a writ before the high court under article 226 of the Constitution of India for issue of writ of mandamus. The high court will direct the present employer to issue NOC because under article 16, 14 and 19 choice of employment is a fundamental right.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

Please note your daughter should have sought noc before itself... yet still she can seek a noc from her present employer... to answer new psu just ask her to tell its still in process ....

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

Yes she can ask for NOC

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Please explain the situation in detail for more concrete advise.

She can tell the reason that there was some difficulty in obtaining the NOC and till then write a letter to previous company for obtaining the NOC

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Can she ask for NOC from present employer now.

She can apply for NOC even before joining the new NOC if she is planning to avail the benefits and experience of the previous PSU

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Please let me know how to get NOC or how to answer the new PSU during interview.

Your daughter may approach her HOD/top management officer with an application seeking NOC for this purpose and after procuring the same , it can be produced before the interviewing committee.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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