Legal Question in Employment Law in India

Punjab state electricity board (PSEB) was unbundled in apr 2010 into two corporations:- 1. PSTCL (Transco) 2.PSPCL (Powercom) I have applied for AE in 2010 in Advt. no. 263/08 of erstwhile PSEB, but was not given appointment due to some reasons. I approached Hon'ble Pb. Hry. high court in 2011 and got an appointment letter through court judgement dated 21/03/13 in april 2013. In the meantime after unbundling of PSEB, PSTCL advertised separate Employment notification no. 01/2011 in 2011 for which I cleared the exam and joined as AE in sept 2012 whose service bond agreement is attached herewith. Now problem is that TRANSCO is not relieving me to join previously advertised Advt. no. 263/08 of erstwhile PSEB whose PSTCL itself is a part and and they are saying that u have unconditionally accepted the terms & condtns of the offer of appntmnt & forcing me to pay the bond amount ( Salary drawn till date + interest ) on account of bond signed with them. Secondly employees/candidates employed upto Advt. no. 263/08 are transferable to both corporations as per tri-party agreement of 1.Punjab Govt. 2. PSTCL (Transco) 3.PSPCL (Powercom) And if ordered I can serve PSTCL after joining against Advt. no. 263/08 of erstwhile PSEB. Also if PSEB had given me appointment on time, there was no need to join PSTCL. please help me to get out of typical situation. Thanks


Asked on 7/23/13, 2:38 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

23.07.2013

Dear Sir / Madam,

You are trying to kill two birds with one stone, when in reality "A bird in hand is worth two in the bush". Since you are gainfully employed as an AE with PSTCL having cleared their examination and signed the service bond since September 2012, I see no valid reason for you to now look back to PSEB again. Because you will neither be here nor there. You have to take into consideration a "what-if" scenario that what happens if you honour the service bond and repay PSTCL, and thereafter even PSEB closes the door of employment for you, you will be nowhere and you will have to run to the Court again which will decision will take another two years. If you are serious about your job, working on your present job with PSTCL (Transco) is advisable and recommended.

Regards,

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Answered on 7/23/13, 2:59 am


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