LCI Learning
Master the Basics of Legal Drafting in All Courts. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Vardhan   12 August 2016

Advice on service matter

Dear Sirs,

Pls give your valuable advice/suggestion on my service matter.

The case is that, I had applied for a Technical Assistant post in a Central PSU & appeared in interview for said permanent post but got Appointment letter for trainee post i.e. ‘’Technical Assistant( trainee)” for a period of one year.

Thereafter, I had joined the post with that hope, after one year of training period, I will be confirmed according to said advertisement, But after the completion of one year training period, the Management extended the training period by one year & again six months too, no letter of the extension of the training or for any other purpose, was issued and the management silently allowed me to continue service as trainee.

Now, I have rendered 2 year & 5 months service in PSU as trainee.

I have sent a request letter for absorption to Top Management but did not get any response.

Whereas, Clear cut Guide line given in company Policy for absorption that “Trainees who successfully complete the training would be absorbed as regular employees in induction level of the categories in the grades/scales on need basis as approved by competent authority”.

Kindly advice, what next step should I take.

Regards,

Vardhan



 6 Replies

Kumar Doab (FIN)     12 August 2016

You may approach a very able counsel specializing in service matters. 

 

kavksatyanarayana (subregistrar/supdt.(retired))     12 August 2016

“Trainees who successfully complete the training would be absorbed as regular employees in induction level of the categories in the grades/scales on need basis as approved by competent authority”.

this means, i think, the management needs a regular employee, then only the trainees will be absorbed on seniority basis.

Kumar Doab (FIN)     13 August 2016

Mr. Kavksatyanarayana has already deciphered the wording of extarct posted by affected employee.

 

In case of service/Labor matters or in plain language 'Service Jurisprudence' the law is ever changing by judgments pronounced from  courts, Chief Justice, Constituional bench, apex court and these set precedence and become law.

 

 

Sometime back in classical case Apex Court declared DO of LIC as ' Workman'.

 

Sometime back Apex Court declared DO of LIC is not a  ' Workman'.

 

It changed the rules of the game entirely.

 

 

The irrefutable written record under proper acknowledgment, case documents are requisites in employment matters.

The decisions take time. Sometims very long time.

 

To fetch relief the  good counsels specializing in Labor/Service matters draft and structure each communication/reprsentation (before a case is filed)  themselves and employee/client just sign.

 

Minute and detailed exmaination of each service rules, service conditions, employment related documents, duty as on record and in practise, documents etc is required.

 

Defects are to be exploited.

Certainly there are some/very few  employees that are well versed, properly informed and competent to handle their matters on their own, be it labor Court/CGIT/CAT/HC/SC.............

 

Such employees can and may proceed on their own.

 

Majority of such employees also, keep a very counsel for support.

 

Other employs that are not properly informed and competent, may not, Must not, try hit and trial method.

 

It is altogether different field of law and there are few counsels that specialize in it.

 

The fee is reasonable.

 

Online discussion have its own limitations.

 

It shall be erroneous to suggest to pick something from here and there and become confident. 

 

 

LCI is not a body that employs such counsels and it is a online plateform. Online discussions have its own limitations.

 

Employment is source of livelihood. Till employment is intact everything else can be handled.

 

Beyond a limit one should not prompt an affected employee to go by online/chats/emails/phone calls.

 

The affcted employee should prefer to spend quality time with his able counsel.

 

 

 

 

 

 

 

Kumar Doab (FIN)     13 August 2016

Querist @ Vardhaan,

You have been advised in other thread also at:

 

https://www.lawyersclubindia.com/experts/-advice-on-service-matter-611766.asp

 

and it is reproduced verbatim :

 

'Any advice will be possible only after examination of the terms & conditions of your appointment. You may better consult some capable services law expert in person by showing all of your appointment, training and service related documents, along with the ad accoding to which your selection was made.'

 

N.K.Assumi (Advocate)     15 August 2016

Policy decision can not be interfered with by the court, except on grounds of arbitary, capriscious, lack of reasons, and vice of discrimination and infringement of any constittutional or statutory provisions.

Sudhir Kumar, Advocate (Advocate)     18 August 2016

Originally posted by : Kumar Doab
Querist @ Vardhaan,

You have been advised in other thread also at:

 

https://www.lawyersclubindia.com/experts/-advice-on-service-matter-611766.asp

 

and it is reproduced verbatim :

 

'Any advice will be possible only after examination of the terms & conditions of your appointment. You may better consult some capable services law expert in person by showing all of your appointment, training and service related documents, along with the ad accoding to which your selection was made.'

 

agreed                   


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register