Joining in new psu
ashutosh
(Querist) 17 February 2012
This query is : Resolved
I friend of mine was selected in central public sector enterprise through on the post of Asst Engg (Trainee). He was kept on probation for two years. According to service contract of employment either party can terminate the contract by serving one month notice or pay of one month in place of that and it was govern by central civil services 1965 rules service condition was under central civil service service rule 1965. But after joining that time due to serious family problem he came to home and send my leave application to my place of posting. But they replied him to join duty . Due to serious family he again ask for leave but they replied him that this was final warning to him and join immediately otherwise they would start disciplinary action against him. But due to compelling family situation he couldn't joined. After this 10 months have passed and the company has not send any further letter to him. He also did not approach the company due to fear of disciplinary action. Now a other PSU has released waiting list for their organization recently . he declared successful in the waiting list. he had applied and appeared in the interview of this PSU much before joining this organization.
I want your valuable suggestion on following queries.
1) Can he join this new company as he appeared for interview much before joining in his organisation? and waiting list has released recently.
2) Since the company has not send any letter after final warning will it be assumed that his service would have terminated?
3) what is the correct way for joining in this new psu?
Pl give your valuable advice.
thanks
Sudhir Kumar, Advocate
(Expert) 17 February 2012
This appears to be a repeated query. If not repeated query this is repeatedly reported behavior of Engineers joining PSUs creating such problem and then coming to this site.
First of all it is wrong to assume that due to fear of disciplinary action he did not join. If he feared disciplinary action he would have joined.
1) Can he join this new company as he appeared for interview much before joining in his organization? and waiting list has released recently.
Ans : No. He is already on the rolls of one PSU and he will have to hide this material fact before new PSU. Even his police verification will be based n wrong declaration (if he worked in a town other than his origin in old PSU). He can be proceeded against by new PSU when they come to know (they may at time before he retires) of his being simultaneously employee (though not getting salary but encroaching a vacancy and at liberty to join any time) of another PSU.
2) Since the company has not send any letter after final warning will it be assumed that his service would have terminated?
Ans : No
3) what is the correct way for joining in this new psu?
Ans : After resignation from old PSU. They may reject resignation if they have issued a chargesheet. The new PSU must be informed o the previous employment. Other wise he is free to do as he likes because it appears he might have hidden previous employment while applying to new PSU.
K.S.Srinivas
(Expert) 20 February 2012
I agree with the suggestion of expert Sudhir Kumar.
Kirti Kar Tripathi
(Expert) 21 February 2012
These are two separate units(PSU). one is not related with another. Since, you were selected on the basis of selection, which took place prior to your appointment in earlier PSU, It will not affect your new employment. However, your earlier employer may take action on the basis of contract, which you have entered with your earlier employer.
Guest
(Expert) 21 February 2012
Dear Ashutosh,
1) He cannot join new company, unless he submits a resignation and the same is accepted formally by the competent authority of the present PSU.
2) If the company has not sent any letter after final warning that does not mean his services has been terminated automatically. He is likely to get charge sheet of major penalty to explain his conduct and defend himself for remaining on unauthorised absence during regular inquiry to be conducted under Rule 14 of the CCS (CCA) Rules, 1965.
3) Please refer to reply to point (1) above.
Kirti Kar Tripathi
(Expert) 21 February 2012
I agree with Mr. Dhingra to the extent that unless services are formally terminated by earlier employer either by way of resignation or otherwise, He can not join new company.
