Question: My employer is not issuing NOC to attend the job interview. I am working as Engineer in Madhya Pradesh Power Generation Company limited (owned by Gov. of M.P.) since last 11 years. my bond period of 5 year was over. I have been short listed for the interview for the post of manger in steel authority of India Limited and NOC from present employer is required to attend the interview. my present employer is denying for the NOC due to shortage of satff. kindly guide me how to get NOC from my present employer.
In India, obtaining a No Objection Certificate (NOC) from your current employer, particularly in a public sector organization, can sometimes be challenging, especially if there is a shortage of staff. However, there are legal and procedural steps you can take to address this situation. Here’s a guide on how to proceed:
First, write a formal letter to your current employer requesting the NOC. Clearly state your reasons, mentioning your long service and the completion of your bond period. Highlight the opportunity and how it aligns with your career aspirations, and attach a copy of the interview call letter from the Steel Authority of India Limited (SAIL).
If your immediate supervisor or department head denies the request, escalate the matter to higher authorities such as the Human Resources (HR) department or the Managing Director of Madhya Pradesh Power Generation Company Limited (MPPGCL). Include all correspondence related to your request for transparency.
Refer to the service rules or policies of MPPGCL regarding the issuance of NOCs. Most public sector organizations have clear guidelines on this matter. Cite any relevant clauses that support your request for an NOC after the completion of your bond period.
Utilize the internal grievance redressal mechanism of MPPGCL by submitting a formal grievance regarding the denial of the NOC. Keep records of all submissions and responses.
If internal mechanisms fail, consider sending a legal notice to your employer through a lawyer. The notice should explain your legal right to seek employment elsewhere and the unfairness of the denial based on staff shortages.
As a last resort, you can file a writ petition in the High Court under Article 226 of the Constitution of India for the issuance of an NOC. The petition should outline the denial’s impact on your career and cite precedents where courts have directed employers to issue NOCs under similar circumstances.
It is important to note that denying an NOC can be seen as a violation of your right to seek better employment opportunities. As a public sector employee, your service conditions are governed by specific rules and regulations which generally mandate the issuance of an NOC under reasonable circumstances. Since your bond period is over, there should be no contractual obligation preventing the issuance of an NOC.
