shanawaz khan (clerk) 18 March 2014

Forced undertaking

Dear Sir

I work for a govt organization which comes under industries & commerce department. it is a society where govt has invested heavily. but we don't follow pure govt rules in terms of salary & wages & we earn our own salary. our managing director is deputed by govt.

due to dispute between employee union & management , promotion, & time bound advancement were held up from long time. now the management has agreed to give time bound advancement & promotions in consultation with union. they have told the employees union to take a undertaking from employees that they will not ask arrears or financial benefits for the promotion due & if they don't give the undertaking they won't give the promotion. they are going to give the promotion only for the employees who have signed the bond in a plain white paper. it is not in company or organization letter head . it has to be in white paper.

i want to know is it valid considering it as a govt. body.. ? can they deny promotion for those who have not signed? is it possible to sign the bond & then nullify the effect of bond as it is done under duress?

please give clarification

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5 Replies

Sudhir Kumar, Advocate (Advocate) 23 March 2014

you are not clear if it is promotion or career advancement.

shanawaz khan (clerk) 26 March 2014

Dear Sir

thank you for your kind reply

first it is time bound advancement in the pipe line as most of the employees have not received any promotion in last 15 years. it is one time advancement in one's service where in there is no change in designation but scale is changed to next higher scale.

after that is promotion where ever there is vacancy.

so most of the employees are going to get time bound advancement & lesser no of people are going to get promotion . but in both cases the union is asking an undertaking saying that the employees will not ask for financial benefit or arrears for the time bound advancement as well as promotion..union also says that those who will not sign will not get both or either & they have to go to court & get it.

but in the first batch oft time bound advancement issued by the management, it is issued for those only for those who have signed & not for others although they are eligible

when we ask the management they are saying it is between employees and the union & they have nothing to do with undertaking, but in the undertaking letter given by the union to be signed by the employees it is addressed to managing director

please clarify

shanawaz khan (clerk) 26 March 2014

Dear Sir

thank you for your kind reply

after that is promotion where ever there is vacancy.

but in the first batch oft time bound advancement issued by the management, it is issued for those only for those who have signed & not for others although they are eligible

please clarify