The civil court has erroneously passed a stay order on my land. I have purchased a 210 sq mtr plot from a 568 sq mtr land owned by Mr. X in Nov 2020. there was no legal issue on land at the time of registration. Thereafter, Mr X is having a dispute with Mr Y over a path of 15 sq yd at the end of the property from which we bought a piece of land. Please remember this disputed path is on the other side of the remaining land of our land owner.
This disputed path has nothing to do with our land, it’s at the opposite side and in between Mr X remaining land and Mr Y showroom. Now Mr Y has filed a legal case in civil court by also making us a party in that case. We were doing construction when Mr Y took a stay order. They claimed in the case that Mr X is trying to take this path forcefully.
However the dispute is totally on the path but still we are dragged in this case and our construction is being stopped. Next hearing in Meerut civil court is on 11th Feb 2021. We have appointed a local lawyer to overcome this stay order but till now he is not able to do so.
We want to know our available legal options to get out of this nonsense as we have nothing to do in it. Kindly suggest if we can directly go to high court to cancel this stay order specially on our part of Land. Mr X and Mr Y can continue to fight over the pathway between their property. Please suggest.
As per the terms of your resignation and the completion of the mandatory notice period, the company is obligated to issue a no objection certificate (NOC) as you are no longer an on-roll employee and have no outstanding dues. However, the company’s failure to provide the NOC is causing you undue harassment and preventing you from seeking other employment opportunities.
It is recommended that you send a legal notice to the company demanding the issuance of the NOC. You should also indicate in the notice that failure to provide the NOC may result in legal action and a claim for compensation.
Also read: Termination without notice is invalid
File a complaint before the Tribunal
You may also request the tribunal to direct the company to issue the NOC immediately and to compensate you for any losses incurred due to their delay in issuing the NOC. The tribunal may also direct the company to pay damages for harassment and loss of income caused by their refusal to issue the NOC.
The tribunal shall issue a notice to the company and seek clarification from the company. You adduce all the evidence regarding
- Appointment letter
- Tenure of service
- Completion of notice period
- No dues certificate
- Copy of legal notice
The right to livelihood is an important aspect of the fundamental right to life and personal liberty under Article 21 of the Constitution of India, it is important to note that this fundamental right is subject to reasonable restrictions imposed by law. In the case of a NOC, while it is true that the company cannot unreasonably withhold it and cause harm to the employee’s livelihood, there may be certain contractual obligations or legal provisions that may need to be fulfilled before the company can issue the NOC.
No Objection Certificate (NOC)
A no Objection Certificate (NOC) is a document issued by an employer certifying that the employee has completed their job responsibilities and is free to take up a new job or engage in a new business activity. The importance of a NOC for an employee can be summarized as follows:
- Facilitating a smooth transition: A NOC can help the employee move smoothly to a new job or business venture, as it certifies that they have fulfilled their obligations to the previous employer.
- Protecting against legal liabilities: A NOC can help protect the employee from potential legal liabilities, such as breach of contract or theft of confidential information, by certifying that they have fulfilled their obligations to the previous employer.
- Improving employability: A NOC can demonstrate to potential employers or business partners that the employee is a responsible and reliable professional, improving their employability.
- Facilitating visa applications: In some countries, a NOC may be required for visa applications, especially for work visas.
It is important for the employee to request a NOC from their employer before leaving their job, and for the employer to issue the NOC in a timely manner, as per the terms of the work contract or applicable employment and labour laws.
