Joining in new psu whose waiting list released
choudhary
(Querist) 22 February 2012
This query is : Resolved
I had joined SAIL as Asst Manager (trainee) last year and i was kept on probation for two years .Due to serious family problems i stopped attending office after one month of joining as no leave credit was due in my account.After coming to home i send a letter for leave to the office but a letter was send to my postal address by the office to join immediately within 3 days. I replied that i couldn't join due to family problems. After that again my office had send a letter stating that it was final warning to me as there be no leave due in your account so join immediately otherwise nessesary actions would be taken against you After this no further letter was sent from the office.After this 8 months have passed i also didnot approach them due to personal problems and also due to fear of discliplinary actions. Recently other PSU has released Wating list for the post of engg and iam selected in this list.i have appeared in the interview of this PSU much before joining to the SAIL.
I have following queries as iam very worried at present . Pl help and give your advice so that i may proceed further.
. I want to ask your legal point of view on following points
1.since after final warning company has not send any letter or information can it be presumed my services would be terminated without notice?
2a. can i join in this psu directly as i have appeared in there selection process much before joining in SAIL?
2b. At present i donot know my employment status with SAIL . Can i send my resign letter to them through speed post? will they accept it or start discliplinary action against me?
3.In the resignation letter can i mention about my selection in this new psu ?.Will mentioning of this create any problem ? and can they relieve me to join this new psu
4.AS TERMS OF OFFER OF APPOINTMENT Which states that service can be terminated by giving one month notice by either parties. Can i give termination notice if they donot accept my resignation
5. If my services would have terminated by SAIL , will it affect my future career? and in that case if i inform my termination as per offer of appointment to new psu will they accept my joining.
6. In case of termination as per service conditions do company issue me clean relieving certificate and character certificate or can put adverse remarks?
Please reply and give advice it is very urgent
Guest
(Expert) 22 February 2012
Mr. Chaudhary,
Services in any any organisation, more particularly in Government organisations, are regulated by certain prescribed rules and regulations. So, neither you are expected to act quite irresponsibly as per your own sweet will, nor you should treat yourself as automatically relieved from the organisation after you get final notice to join, nor the organisation sleeps indefinitely and forget to take any action for the misconduct of its employees.
However, replies to your queries are as follows:
1) You are not deemed to have been treated as automatically terminated. You are likely, rather would definitely, get a charge sheet from the PSU to explain your conduct for remaining absent unauthorisedly, which can result in to dismissal or termination from service.
2) You can join in the new organisation at your own risk and responsibilities provided your new organisation does not verify your character and antecents and fails to know about your past.
3) You are free to send your resignation letter in which you can quote any reason for termination, or even no reason for that. Acceptance of resignation would be at the sole discretion of the comptent authority in the wake of your misconduct of unauthorised absence. Joining new organisation without getting relieved officially would tend to double employment on your part, which is again an offence.
4) You cannot terminate your employer or yourself by any notice. You can only tender resignation notice for acceptance by the employer.
5) Termination of your services by SAIL due to your misconduct can definitely have the effect in your service in the new PSU. Termination on account of misconduct is quite different than Termination on account of resignation.
6)In the circumstances explained by you, you cannot expect clean relieving chit and character certificate from SAIL. Termination on account of misconduct in itself is a stigma, as termination letter may contain the reasons behind termination.
Sudhir Kumar, Advocate
(Expert) 22 February 2012
I will agree with Mr Dhingra and would add as under.
I do not think that you were afraid of disciplinary action. Had it been so you would have immediately joined.
When you join new PSU and you will fill attetation form and how do you hide this employment that is anybody's guess you have to truly state the addresses of residence in past 5 years.
The best course for you will be to submit resignatin to SAIL ask for their indulgence that it is accepted and then join the new PSU. In that case you will be free and dearless to inform them of the experience of SAIL and even claim the experience.
Rajeev Kumar
(Expert) 22 February 2012
I agree with Dhingra Ji
Raj Kumar Makkad
(Expert) 22 February 2012
The query has been resolved by Dhingra ji.
