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How to obtain NOC when employer is not relieving after resignation
24-Aug-2023 (In Labour & Service Law)
I am working in an govt. PSU. I am selected for higher post in other PSU. for this i gave intimation letter to my current employer. But did not took NOC before applying in othet PSU. Now my notice period is finished and my current employer is not giving me reliving. And other PSU is not allowing me to join without relieving letter. I am very near to last date of my joining. Please help me, what is leagally currect step to come out of this situation?
Dear Client,
As per your query your current department is not relieving you from your work, even after the expiry of the mentioned notice period of the appointment letter. For this a writ is to be filed in the competent High Court of Jurisdiction either at Lucknow or Allahabad, with a prayer that the department may issue you the relieving letter. I am herein presuming that you already had represented your case before the concerned authority for issuing you a relieving letter through a letter.
In case you need any further advice into the matter, feel free to contact.
Regards,
Tushar Bahadur,
(Advocate),
High Court.
As per your query your current department is not relieving you from your work, even after the expiry of the mentioned notice period of the appointment letter. For this a writ is to be filed in the competent High Court of Jurisdiction either at Lucknow or Allahabad, with a prayer that the department may issue you the relieving letter. I am herein presuming that you already had represented your case before the concerned authority for issuing you a relieving letter through a letter.
In case you need any further advice into the matter, feel free to contact.
Regards,
Tushar Bahadur,
(Advocate),
High Court.
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Adv. Tushar Bahadur
Lucknow | 400+ Answers
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Legal action will take time that will not suit u. U should analyse the norms and terms and condition of your appointment letter.have u folloed that? Noc is very necessary to join other any reputed company.without relieving letter u can't join other organizations legally .so you request and search solution in your organization first.if solution does not come then file a case in labour court.
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Adv. Ashok Kumar Sinha
Agra | 100+ Answers
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If this is the government institution in which you are working presently you should file a writ of Mandamus before Hon'ble High Court to get the direction against the authorities to do as per your wishes. Hoe you understand. Thanking you.
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Adv. Shishir Dwivedi
Allahabad | 100+ Answers
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