• Greeting NOC and forwarding the NOC application

I am working in Bhel Trichy for last 6years as a supervisor (AE-I). Now I and many of my friends working here finding difficulty to get a No Objection certificate (NOC) for outside employment. In our personal manual it is clearly written that after completion of provision period an employee can get NOC without any resctiction but company management (my GM) verbally instructed other officials to not forward any NOC application and they are threatening us to transfer in some remote areas of we repeatedly asking for NOC. So I want to know how to solve this problem.
Asked 4 years ago in Labour

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9 Answers

Firslty, Sir, as it has been stated in your query that the period is over, but yet they are not giving NOC.

Secondly, in that situation, I advice you to give them a representation asking reasons if any for the denial of the NOC.

Thirdly, if they still do not give reply then you may have to approach the High Court for the same in Writ of Mandamus under article 226 of our Constitution.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Move a representation in this matter before the concerned Authority.

If the issue is not resolved despite the representation, approach the High Court and file a writ of mandamus.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

if company is refusing to give NOC inspite of clear provisions in your personal manual file application before CAT against company refusal to issue NOC

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Move a representation in the present matter before th Authority concerned responsible for furnishing this NOC to you.

If you hear nothing from them despite the legal notice, file a writ of mandamus in the High Court.

If there are rules mandating them to consider your request for getting this NOC, they cannot sit tight over the matter

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear Client,

Instead of seeking NOC, better join outside employment, if any obstacle created by present company than on the basis of NOC provision, complain to labor commissioner,

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

A common writ petition in the High court can be filed for the directions to the appropriate authority to issue the NOC as per the manual and no unusual delay.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You may take up the issue with the management through your trade union. Alternatively, you may seek appropriate remedy from the labour court against the management for unfair trade practice.

Swaminathan Neelakantan
Advocate, Coimbatore
1923 Answers
20 Consultations

4.9 on 5.0

You should first apply for NOC in writing mentioning the details of the employment being sought outside this employment.

Let them give the same or refuse to give it in writing, you can initiate legal action or can apply for the employment outside this without NOC, the copy of the duly acknowledged or the application for NOC sent by registered post to this organisation may be secured for future legal issues.

You can ignore the refusal to give NOC and proceed with your application for outside job.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Hello,

Send a representation to them for providing NOC, if they fail to do so then file a writ in the HC.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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