• NOC from previous private employer was submitted late to the new employer (Govt.) by me

Sir, I had joined Central University as Asst. Prof. recently based on direct recruitment. Prior to my appointment, I had worked as Assistant Professor in Private University, on a Permanent basis in appropriate scale. When I had applied for Asst. Prof. in CU, I had taken prior permission - NOC and also received experience certificate from my previous institution (Private University), at the time of applying. In my application form, I had stated with a note that ‘NOC from the present employer (Private University) will be produced at the time of interview’. I had not bypassed the authority of Registrar (Private University) and the objective of ‘proper channel’ was respected. 
But my interview was through ‘Skype Network’, NOC was not discussed and I had forgotten completely. During certificate verification on campus (central university), I submitted all the documents, from my previous employer (Private University) as mentioned in the appointment order of Central University, which includes a) experience certificate b) last pay certificate c) Relieving certificate d) vigilance / disciplinary proceedings certificate. All the certificates were of current/recent date. So, I was of the opinion that all necessary documents from my previous employer as required by Central University were fully furnished as per requirement as on date. 
But, the moment I was communicated about ‘not produced NOC’ (i.e. through pay fixation order, I had immediately forwarded my NOC (which was received by me at the time of applying for Central University) to office of the Registrar but it was turned down.

now am i eligible to claim for service and pay protection according to Indian law? or what it says about this case?
Asked 4 years ago in Labour

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5 Answers

Hi,

You may claim your job, pay protection etc from the present emploer.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

When they have demanded for the same they cannot turn it down please protest and you are eligible for pay protection and service rendered.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Dear Client,

This is not a default of such kind that call for denial of pay protection and claim of service. But pay protection is subject to joining from govt. to another govt dept.

Not between private to govt.

Check rules If

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hello,

There will be no pay protection in your case, since the same is not a technical resignation.

You are eligible to make a claim for service, this can not be denied to you.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If the new employer had agreed to protect your pay and recognise your past services and experience, the omission of submission of NOC at that moment cannot be a very serious issue, hence they can very well accept it after discussing with the authorities concerned as an exceptional case.

You can make a written representation with the University authorities through proper channel, exhaust the remedies and then approach plan to initiate legal action as per law either by approaching CAT or by a writ petition for relief and remedy.

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

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