• Eligibility under Companies Act and PSU

Dear sir

As per adv. In recruitment of Assistant Director of Factories (Mechanical) in Labour and Employment Dept of Himachal Pradesh the eligibility criteria was 2 years of experience in Manufacturing Workshop under company act 1956. 

But candidate selected works in ordnance factory which is defence production unit under central govt. And it is niether PSU nor under companies act. I want to know whether the selection is right or not as candidate is not fullfilling eligibility what was asked in essential qualifications in adv as only these two mentioned EITHER IN PUBLIC SECTOR UNDERTAKING OR UNDER COMPANIES ACT 1956.
Asked 6 years ago in Labour

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10 Answers

Ordnance factory is a part of civil services of central govt.  It is neither a PSU nor a company under the companies act. 

So there is a clear violation of eligibility criteria by considering the service experience of any candidate in ordnance factory. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Yes this is covered in this and true the person is having eligibility to be selected as director in case you do not agree to the selection procedure then you can file a mandamus writ petition in High Court against the recruitment

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

This is violation of the terms and conditions of the advertisement so challenge it before the Hon'ble High Court in Writ.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

If the same is not under companies Act or PSU then the recruitment is illegal

Prashant Nayak
Advocate, Mumbai
34739 Answers
251 Consultations

Please share the copy of the advertisement for a concrete advise 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Prima facie, it seems that the selection is illegal 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Non ordinary factory permitted or manufacture defence products. Must be under direct control of defence ministry or manufacturing under tender issues by ministry. Experience is on high footage comparing to company. 

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Dear

Every premises where 10 or more workers are working is known as factory under Companies act. 

So the ordnance factory operating under central government fulfill the criteria required for the post of Assistant director of factories 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Without scrutinising the eligibility conditions and the qualifications of the candidates who have been selected for the said posts, the selection process would have not been completed.

If you are aggrieved person then you obtain the information from the information officer through RTI act in this regard and confirm if there was any malpractice or irregularity in this recruitment process.

 

T Kalaiselvan
Advocate, Vellore
90278 Answers
2510 Consultations

  1. As per the information mentioned in the present query, makes it clear that there was the advertisement and confidante should have applied in accordance of the same.
  2. Anything diverting from the advertisement by either of sides, would not be legal as per law.
  3. Selection of the such department also depends upon the nature of work and expertise that may be used in that department also.
  4. Rest, would appreciate if can share the advertisement and more information, so that can provide precise information.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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