Is It Fair for a Company to Demand Proof of a 'Reputed' Previous Employer? How Would You Handle This?

Dear all,

Recently, I came across a case. One of my friends joined as an assistant in a PSU company in 2011. Now, the company is asking the employee to prove that his previous employer was "reputed" or else he will be terminated. However, the company has not defined the term 'reputed' even in the notification or appointment letter. They have accepted necessary documents, including the experience letter, during recruitment and verified the documents.

Please guide me on how to proceed with the case?

What you are writing appears to be an incredible act by a PSU. Is there more to the story? Normally, no government organization 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.

Case of Document Verification and Employer Reputation

My friend was working for a small electronic firm manufacturing PLCs for three years. There was a call for technical assistants (Instrumentation) with two years of experience in the relevant field through an employment exchange, and my friend was informed by the employment exchange to apply for the same post based on their database. When he applied along with the necessary documents, he was called for the written test. He was then informed that if his written test performance, qualifications, and experience were found satisfactory, he would be called for an interview. Subsequently, he was interviewed and got selected.

Recently, a deviation was observed by the vigilance department regarding the adequacy and authenticity of documents submitted by some candidates. This led HR to revisit the entire recruitment process. As a result, HR started scrutinizing all the candidates after 5 years, asking them to prove the authenticity of their documents.

My friend was asked to prove that his previous employer was "reputed," and the company had initiated a domestic inquiry to investigate. Upon checking the previous employer, it was discovered that the company had incurred losses, shut down, and the owner was unable to provide supporting documents.

This situation has caused mental agony and despair. Please guide me on how we can tackle this case.

Regards,
[Username]

Written Declaration and Skill Test
Tell the owner to provide a written declaration stating that "X" was employed with him and had worked in the field. Besides, the PSU can conduct a skill test if they feel it is necessary. The conduct of an inquiry in such cases after a long gap of five years can be addressed by the employee showing his grades as given by his PSU superiors.

Documents from Previous Employment
Your friend must have some documents from the previous company, such as pay slips, appointment orders, etc.

Defining a Reputed Company
What makes a company reputed? Are TATAs and BIRLAS the only reputed companies? Many aspects will come up.

Legal Boundaries for PSU Actions

A PSU cannot act in an arbitrary manner because it is subject to law and the definition of the state in the constitution. In a vigilance case, they can conduct an inquiry, but they cannot terminate someone on flimsy grounds.

Given the very few details you have provided, little can be suggested because we don't know the type of PSU, administrative structure, sector, etc. I wonder if this person is even your friend. You say you came across a case. One option for your friend will be to approach the Union for help. Second, he can appeal to the administrative tribunal or even to the labor court. In fact, he can speak to the central labor commissioner right away and ask for advice.

A few facts need to be clarified. First, is your friend working as a probationary employee, an apprentice employee, or a contract employee, etc.? I mean, is he in a probationary period or not? Second, is he a full-time employee as per the documents provided by the company (such documents could be an appointment letter or full-time employee confirmation documents, etc.)? The clauses of the appointment letter and 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 clarifying what the term 'Reputed' means. For this, he needs to file an application under the RTI Act, 2005, to the appropriate authority with annexures of the documents stating that 'if his previous employer was not reputed, then he will be terminated.' In the RTI application, he must clearly ask two questions: first, what does the term 'Reputed' mean?

Secondly, if an answer from the RTI authority of that PSU unit within the proper time frame is not received, then file a WRIT PETITION (mandamus & Certiorari) within the proper jurisdiction of the high court. In the writ petition, mention the questions of facts as follows:

1. What does the term 'reputed' mean, as there is no reply from the RTI authority?
2. Why is the question of 'Reputed previous employer' arising now when nothing of such sort is mentioned in the notification & appointment letter?

However, I would still suggest consulting with a good lawyer regarding this matter before filing a writ petition. But an application under the RTI Act, 2005, can be filed as the company is a public sector undertaking, and it falls within the jurisdiction of the 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 is 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 or suggestions from experts.

If, indeed, the facts are true, a remedy could be availed through appropriate judicial review.