• No Objection Certificate from a PSU

Sir,

I am currently working for a PSU from the past 2 years, and as per the rules of my PSU, I will not be issued NOC to attend interviews of another PSU till I complete 3 years of service.

 I have recently been selected to attend interview of another PSU, which is scheduled next month. I have applied for NOC in my current organisation , but unfortunately I have been issued a regret letter from my PSU, since I have not completed 3 years. 

So is it possible for me to attend interview at the new PSU showing my rejected NOC letter. Will the new PSU allow me to appear for the interview considering the fact that I have approached my PSU for the NOC?

Thank you.
Asked 6 years ago in Labour

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10 Answers

Dear Sir,

 

- NOC is purely at the discretion of the employer to give. NOC cannot be claimed as a matter of right.  Only remedy is left with the employee is to resign from the post, if a candidate gets better opportunity in the other organisation. And PSU may even take disciplinary actions against you

- In the such circumstances the selection of the candidate may become invalid,if challenged before the court because it was a violation of the terms of application/call letter.

- Also, since both the organisations are PSUs, it is obligatory to obtain ''NoC'' before applying/appearing for a job.

- You shall have to take a very prudent decision on the matter to avoid future legal complications.It is a criminal offence to make untrue statements, while applying for a job or during interview.

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

1) you would not be permitted to attend interview as your application for NOC has been rejected 

 

2) you can resign from job then appear for interview 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Are you serious or thinking that to obtain legal opinion on absurd points or the lawyers are only for the cheating purpose , think gently when you have signed  a contract with concern then  you should have to obey the terms and conditions mentioned there in.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

You need to hide that fact else they will not go against the rules and allow you to attend the psu interview

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

it depends on your company policy, which differ from PSU to PSU, you may check up the policy in your HR section. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear Client, 

Appearing in interview is not violation of service rules , You can appear without NOC. Even at the time of interview no NOC asked.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Other PSU can take interviews appoints you if they don't ask for NOC from your current employer. 

But you are under an obligation to your current employer if you have agreed their service term and condition of obtaining NOC from the employer before applying to other organisations. They can sue you in case of any violation of the agreed term and condition of service. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

If the new employer is insisting on NOC from the previous employer then this document is an essential document to be submitted by you.

You may look for alternative methods i.e., to resign the job if the previous employer is not giving NOC citing their own rules.

You may discuss with a local service law practicing lawyer by producing your employment offer letter and the terms and condition of the employment for an alternate solution.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

The terms and conditions before joining the psu were very clear and hence you joined the psu knowing all the drawbacks. Now at this stage you cannot go ahead and give interviews of other psu's without obtaining noc as you wouldn't be issued the relieving letter in case you get selected. You can request your seniors or the management to consider your case on compassionate grounds.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

  1. As per the information mentioned in the presnet query, makes it clear that you may not have a good stand in the present query.
  2. When there is a condition to obtained NOC from the present employer, if any then they would require it for sure and may not go for the reason that you approached the present employer but denied the NOC.
  3. Still, I would advice you to sit for the interview as to who knows that what else they (new employer) have to append the existing conditions.
  4. But, problem will be from your present employer as they have got you undersigned the agreement to not to sit for interview before completion of three years.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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