Saswatabanerjee
Partner - Risk Management
Pvenu1953@gmail.com
Retired Government Servant/advocate
Sovik Bhattachaerjee
Md- S.s Enterprise
Nathrao
Insolvency N Gst Professional
Dinashyam
Hr Executive

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Dear all,recently I came across a case.
One of my friend has joined as assistant in a PSU company in 2011,now company is asking the employee to prove that his previous employer was"reputed" or else he will be terminated.But
Company has not defined the term 'reputed'even in notification or appointment letter.They have accepted necessary documents including experience letter during recruitment and verified the documents.
Please guide me how to proceed with the case?
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What you are writing appears to be an incredible act by a PSU.
Is there more to the story.
Normally no Government organisation wants the previous employer to be ""Reputed"" before selecting the candidate.
5 years after joining why is the PSU raising such an odd query.
You need to give more facts/details for any answer.
My friend was working for a small electronic firm manufacturing PLC's for three years. There was a call for technical assistants(Instrumentation) with two years experience in relevant field through employment exchange and my friend was intimated by employment exchange to apply for the same post based on their database.When applied along with the necessary documents,He was called for the written test,and he was informed that if written test performance,qualification and experience found satisfactory,he will be called for interview and he was interviewed and got selected.
Recently there was a deviation observed by vigilance dept regarding adequacy and authenticity of documents submitted by some candidates.It made HR to revisit the entire recruitment process.Due to this,HR started targeting all the candidates after 5 years asking to prove the authenticity of their documents.
My friend was asked to prove that his previous employer was "reputed" and already company has set up a domestic enquiry to interrogate.When checked for the previous employer,company has gone under loss and shut,and owner lifted his hands when asked for supporting documents.
This has created mental agony and despair.
Please guide me how can we tackle this case?
Tell the owner to give a written declaration that "X" was employed with him and had worked on ----- field.
Besides the PSU can conduct skill test if they feel like.
The conduct of enquiry in such cases after a long gap of five years can be tackled by the employee showing his grades given his PSU superiors.
Your friend must be having some documents of previous company-pay slip,appointment order etc.
What is reputed?
Are TATAs and BIRLAS only reputed companies?
So many aspects will come up.
A PSU can not act in an arbitrary manner because it is subject to law and the definition of state in the constitution.
In a vigilance case, they can conduct inquiry but they can not terminate someone on a flimsy ground
Given the very little details you have provided, little can be suggested because we don't know the type of psu, admin structure, sector, etc. I wonder if this person is even your friend. You say you came across a case.
One option of your friend will be to approach the Union for help.
Second, he cAn appeal to the administration tribunal or even to the labour court. In fact he can speak to the central labour commissioner even right away and ask for advice.
Hi,

Few facts need to be clarified, first is your friend working as probationary employee or apprentice employee or contract employee etc??? I mean to say whether he is in probationary period or not. Second is he a full time employee as per documents given by company (such documents could be appointment letter or full time employee confirmation documents etc).AND THE CLAUSES OF APPOINTMENT LETTER & NOTIFICATION MUST BE PRESENTED, SO THAT WE CAN UNDERSTAND THE CLAUSES FIRST.

Assuming, your friend is a full time,permanent employee of the PSU company, I would suggest first to get clarified what does the term , ' Reputed ' means. For this he needs to file an application under RTI ACT,2005 to appropriate authority with annexures of the copy of documents which state that ' if his previous employer was not reputed then he will be terminated'. In the RTI application, he must ask two question clearly, first what does the term 'Reputed' means.

Secondly, if answer from RTI authority of that PSU unit within the proper time frame is not received, the file a WRIT PETITION (mandamus & Certiorari ) within the proper jurisdiction of high court. In the writ petition, mention the question of facts as
1. What does the term reputed means, as there is no reply from RTI authority?
2. Why this question of 'Reputed previous employer' is comming now, when nothing as such is mentioned in the notification & appointment letter?

BUT STILL I WOULD SUGGEST, CONSULT WITH A GOOD LAWYER IN THIS REGARDS BEFORE FILING A WRIT PETITION. BUT APPLICATION UNDER RTI ACT, 2005 CAN BE FILED AS THE COMPANY IS A PUBLIC SECTOR UNDERTAKING, AND ITS COMMING WITHIN THE JURISDICTION OF RTI ACT.

IF YOUR FRIEND IS UNAWARE OF HOW TO FILE AN RTI APPLICATION, THEN PLEASE CONSULT WITH A LAWYER FIRST.

Thanks & Regards
Sovik B
The story is less than convincing; it appears that the queriest ill-informed, if he is really posing the query on behalf of his friend. One needs to be absolutely honest with the facts while seeking advice/suggestions from experts.
If, indeed, the facts are true remedy could be availed through appropriate judicial review.
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