• Mental harrasment of staff

The thing is that I am a Central govt employee and i m working with india's top secret agency. my office has crossed all limits in staff harassment. we have aroung 250 staff in total. all the rules like we cannot form union we cannot disclose our identity, we cannot take help if media, even smart phones are not allowed in office premises. these all rules are used by this office for brutal harassment. some examples like our office is calling 100% staff from 20 july without following social distancing norms, there are eleven staff sitting side by side.. another one is they are making an LDC (a 1900 grade pay)work as Auditor ( a 2800 grade pay)without any monetary benefit.. not single day is gone when officer not threaten with MEMO .. negative entry in ACR. there is immense metal agony working there.. what option i personally have??? because if 2-3 staff do something together they charge them with union and take their job
Asked 5 years ago in Labour

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18 Answers

In case there is nay coercive action taken by the organisation which curbs your fundamental rights you can file a writ otherwise for security reasons their act for not carrying mobile etc will be justified for ensuring safety and security.

Hope this helps.

Regards

Swarupananda Neogi
Advocate, Kolkata
2995 Answers
6 Consultations

Kindly complaint written complaint without mentioning your name from near by office post of sent an AD to senior HRD of your department, Home Ministry, Labor commissioner, PMO etc ... The letter should be so confidential that all rules you should mention and in details all harassment complaints etc of each person. 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Please put some more clarity and information to guide you to resolve your problems. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

If you can prove that the acts and omissions that are violating your rights are done in personal capacoty , you can certainly file a complaint with the higher authority like there is any kind of sexual harassment you can file an fir before the police else if you are not satisfied with the rules and if you think that this curtails your fundamental rights then you can certainly file a writ before the high court.

Regards

Swarupananda Neogi
Advocate, Kolkata
2995 Answers
6 Consultations

1) if you are working for secret agency you cannot be allowed mobile phones , your personal identity cannot be disclosed 

 

2) these rules are necessary to safeguard security interest of country 

3) if social distancing norms are not being complied with complain to authorities 

 

4) if you are unhappy you can resign from employment 

Ajay Sethi
Advocate, Mumbai
100043 Answers
8168 Consultations

You can complaint against your superior to authorities if he threatens you with penalties and memos 

Ajay Sethi
Advocate, Mumbai
100043 Answers
8168 Consultations

Hello,

  1. As you stated, you are working for the top secret central agency for the Central Government and therefore it is obvious that there are certain restrictions at work in keeping with the nature of work that you are engaged in.
  2. The threat to memo must be treated as a tab to maintain strict discipline as the nature of your job requires so. In case you feel that the norms of social distancing etc., are not being followed, you can raise a concern to the supervisory authority in writing.
  3. If you feel extremely uncomfortable working in the given circumstances, apply for a transfer to another department, if that is permissible.

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

- As per the Preamble and Arts.38 and 39 of the Constitution. Right to life includes protection of the health and strength of the worker is a minimum requirement to enable a person to live with human dignity. The right to human dignity, development of personality, social protection, right to rest and leisure are fundamental human rights to a workman assured by the Charter of Human Rights, 

- Hence, you have the right to fight against the the acts of them , and take legal action against them.

- You can approach the most senior officers of your department after submitting proofs of harassment , and thereby mention that such acts are degrading the staffs morally and efficiently as well. 

- If , no response , then approach the court. 

Mohammed Shahzad
Advocate, Delhi
15873 Answers
243 Consultations

For injustice in your service which is in breach of service Regulations then you have redressal forum to address your grievances.

Therefore file case seeking justice before the Administrative Tribunal or the high court as the case may be. 

There is always law of the land to render justice.  So shun silence and raise protest in court of law. 

Devajyoti Barman
Advocate, Kolkata
23662 Answers
538 Consultations

If there is a violation in the rules or regulations by the superior officer towards their sub-ordinates, then the affected staff may give a representation ion writing to the top officer or the competent authority expressing their grievances.

If there is no response or no fruitful decisions given, then you may collect the evidences and file a OA before CAT for relief and remedy.

 

T Kalaiselvan
Advocate, Vellore
90246 Answers
2509 Consultations

As you have mentioned that this a secret organisation, hence the rules would be stricter that compared to other organisations.

You may have to adjust a little to the situation instead of making frequent complaints over the routine issues or you will be targeted and victimised for no reason.

 

T Kalaiselvan
Advocate, Vellore
90246 Answers
2509 Consultations

You need to first complaint to the HR and higher authority in detail. Later if not resolved you can file a complaint with CAT for the same

Prashant Nayak
Advocate, Mumbai
34715 Answers
250 Consultations

Well since it is a top secret agency rgey may be having very stringent rules for safety and security of India. Either you should work or quit because courts cannot interfere in matters of national security.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

I am at a loss as to what to tell you as tey may be tracking this conversation too. Anyways you may file a case with CAT or the high court.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You can file a complaint against the authorities in the Home Ministry 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Dear Sir,

There are well stipulated rules regarding the grievance redressal in any organisation and you are suggested to submit the humble but firm application and if not heard or treated improperly, file the WRIT PETITION in the high court.  

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

You can file writ petition in high court against your department for following rules and compensation for harassment suffered due to security reasons.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

you can report to your senior level, but this could back fire if that person has any contact with your immediate manager.

File the case against him for mental harassment and threatening to suspension Or penalties but by the time you will get the justice. 

Mohammed Mujeeb
Advocate, Hyderabad
19382 Answers
32 Consultations

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