file application before SAT to set aside transfer order
enclose your medical reports which mention you suffering from digestive problems and advised to sleep on time
Threatened to suspend from work.
I am a permanently employed engineer in jammu and kashmir state electricity department. My office head is asking me to move to a job position where i am required to give night shifts/night work. I am suffering from a digestive system problem since the last six years. I have consulted many doctors in this time period and all of them along with medication have advised me to eat and sleep on time. Sometimes i also have to take sleep medication as this problem also interferes with my ability to sleep at night. I explained this to my office head but he threatened me with suspension for dereliction of duty. And its not like that there is dearth of job positions in the department which dont involve night work. I was selected for this job around 4 years ago and at that time this nature of job involving night work was neither mentiined in job advertisement nor joining letter. Had it been mentioned i would have done some another job. Kindly help.
Asked 6 years ago in Labour
18 Answers
Take a medical certificate and give it in writing that you will not be able to adhere to the directions due to health conditions. Also, do mention or ask him to confirm the receipt of your letter. Alternatively, you can send this letter to his boss or HR or any such authoritative person. Lastly, you can send it to all of them too, mentioning in each letter that a copy has been sent across to x, y and z persons
You can try go file writ petition in high court and take their direction against the said office to stop your transfer
See you can raise the issue with the senior officials in case you are arbitrarily removed from the job then in that case you can file a writ before the high court.
Hello,
has any letter for change of job position been issued?
you may move to the HC and file a writ and seek appropriate direction.
Please get in touch with a local lawyer at the earliest.
Regards
file a writ petition in high court, Hon'ble High Court grant relief immediately.
If your nature of job is administrative type or like other where normal working hours is generally applicable then you can legally protest if nature of work is changed to such type where night shift working is done,without your consent. If your shift is changed within your preassigned nature of job then it is within your employer's right.
Of course on medical ground you can raise your concern over night shift duty and managent is legally bound to consider of concern over night duty on medical ground. If management doesn't consider your issue of concern reasonably in a fair manner you can sue your management for bias and malafide actions.
send a written representation to the department head attaching all relevant documents, medical certificates, if, NO SOLUTION,
approach the concerned High Court along with all relevant documents and correspondence for issuing direction for not forced to work in Nightshift
For the purpose you will require a competent court's order so file a Writ before the Hon'ble High Court.
As suggested i need to file a petition in the state high court. But will the court give a decision taking a sympathetic view of health or there is some law governing work at night. Or the recruiting agency is at fault for not mentioning working at night in job advertisement and appointment letter.
Asked 6 years ago
It is not issue of sympathetic consideration. Point of law is whether management has considered your request in a reasonable and fair way. If night shift is not a preassigned job as per your job contract you can raise your concern on medical ground for consideration and you may get favour from court if it not considered with all reasonable means.
The Court will decide in the interest of justice and equity
See there is law but on health ground you can be exempted and further you can take benifit of the recruitment notification.
Court can give judgment in your favour on account of health problems being faced by you
Yes the court can take a sympathetic view as well as the policy of company
Yes in the case, the court can pass order in your favour
On medical grounds court will definitely consider you problem so I advise to obtain a certificate in this regard from CMO Office of your area before filing the petition for the success.
- As per the information mentioned in the present query, makes it clear that you have been denied your right to live your life in a healthy environment, which is also the violation of the fundamental right.
- Yes, they should told you about the same either in the appointment letter or job advertisement.
- You have two grounds for the same to be accepted by the court of law.
- Firstly, the medical ground for which they can’t take the plea to not to appoint someone else for the night shift.
- Secondly, their own in action of not informing you about the nature of working hours.
You can file the petition in the labour court having jurisdiction of your job location for stay on transfer and change of duty timings on medical Grounds.
