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Noc From Psu During Bond Period

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Noc From Psu During Bond Period

Postby Cornal » Sun Mar 12, 2017 7:09 am

Sir, I have joined PSU in July 2014 as MT. At that time I have given a bond to company to serve them for 3 years after training. One of the condition in bond was " During the period of training and for three years thereafter as aforesaid the TRAINEE agrees and undertakes not to seek employment anywhere else nor enter the services of any employer whatsoever". Now in July 2015 my training period got over and they have issued me a fresh offer of appointment wherein giving reference of my BOND they have written that " During your service under Bond for a period of three years from the date of your regular appointment, you will not be allowed to leave the services of the company nor will your application for outside employment be forwarded "

I have following questions:

1. Isn't it violation of GOI guideline that "NOC should be rule rather than exception" and our constitutional rights. Does my signing Bond and acceptance of above offer of appointment gives company the right not to issue NOC to me for 3 years.?

2. Is there any previous court judement regarding such cases, where employee has given bond and acceptance of Employer's arbitrary and unconstitutional T&C but court has has given relief to employee and asked employeer to give NOC.

3. What are my chances of getting relief from court if I file a case against company

Regards

Abhinav Kumar
Cornal
 
Posts: 59
Joined: Mon Jan 06, 2014 2:16 pm

Noc From Psu During Bond Period

Postby Everly » Wed Mar 15, 2017 11:38 am

It is fully at the discretion of your employer to grant NOC. Further,you are governed by the terms of your engagement.It is mandatory to apply through proper channel by the employees of PSUs to another Govt./semi-govt. organisation.You may also go though relevant Govt. guidelines in this regard.

During the service period,employee can enforce the Bond against the employee not to issue NOC for applying for better prospects elsewhere.

No such case law is known to me giving relief to an employee about enforcement of the Bond while he is still in employment and directing the employer to issue NOC.

As per my knowledge,your chance of getting relief through court in above matter is very remote.

However,you may consult a lawyer in this regard.
Everly
 
Posts: 34
Joined: Thu Mar 27, 2014 3:40 am


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