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VIKAS VIJ (GOVT JOB)     17 June 2012

Headquarter condition/rule/solution

Kindly confirm me what is the purpose behind for govt employee to maintain residential address within eight kilometer from the headquarter. can any govt employee do daily up down form his home town to office if house address is beyond eight kilometer if yes then how.  and what is the consequences if employees do travel more than eight kilometer .  i am working with LIC of India

 

Thanks and regards

 

vikas vij



Learning

 3 Replies

Hemang (Advocate)     19 June 2012

The rule making authority makes provision to the effect that the employee should not leave the Head Qurter without the leave of the immediate officer, or the Department concerned. The justification behind making such rule is that there are certain critical functions to be utilized by employers, or performed by the employees. And therefore, the employer may be requiring the constant presence of the employee for which he is paid. Take an illustration of the technical expert in any power plat,, wireman or a helper. The purpose behind framing such rule is to "meet with emergent nature of the duties" and to avoid the unforeseen circumstances. There must be some emergent nature of the functions expected by the employer in your case, if no disciplinary actions are initiated or contemplated. However, according to me, the rule has to be liberated keeping in mind the Constitutional provisions in appropriate cases, where there are no urgent situations to be attended at any time after the service hours are over. 

 

And when any misconduct is committed by the employee during the course of employment, the employer takes disciplinary actions by placing the employee under suspension. Here, the employer is imposing the condition that the suspended employee should not leave the Head Quarter without the leave or permission of the authority. And sometimes, the employer is imposing the condition to the effect that the employee should remain in Head Quarter during the period of suspension. However, the Honourable the Supreme Court has ruled that if the condition is imposed to remain in a Head Quarter, the employer should give full salary to the employee. The Court interpreted that when the employee is suspended, the contract of employment is temporarily suspended, and therefore, the suspended employee is not bound to carry out all conditions during the period of suspension. 

VIKAS VIJ (GOVT JOB)     19 June 2012

Respected Sir

 

Thanks for replying me but in my case there is no emergent nature of function in lic of india, even there is no overtime facility and i didnt remembe or heared from the last so many year in LIC there would be huge work in past  beyond the office timing and even corpoation has no overtime facility.

Is there any legal way to work regularily through daily updown from home town to office place with the peace of mind even there is a distance of 50 km.

 

one more thing in some othere divisions there are so many employees who officialy reside in govt acomodation and giving their services to the corp after travelling 50 to 60 kilometer.

 

Kindly give me solutions

VIKAS VIJ (GOVT JOB)     19 June 2012

Respected Sir

 

Thanks for replying me but in my case there is no emergent nature of function because in lic of india, even there is no overtime facility and i didnt remembe or heared from the last so many year that  LIC has huge work in past and called the staff for working after 5 pm and even corpoation has no overtime facility.

Is there any legal way to work regularily through daily updown from home town to office place with the peace of mind even there is a distance of 50 km.

 

one more thing in some othere divisions there are so many employees who officialy reside in govt acomodation and giving their services to the corp after travelling 50 to 60 kilometer.

 

Kindly give me solutions


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