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Company is not issuing no objection certificate

Shivendra Pratap Singh

Advocate

10/07/2021/ 2:59:17 PM

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Question: I was working for a Pvt mining company in Rajasthan as a mining engineer. Company is not issuing a no objection certificate (NOC). Instead, the company has issued only an experience certificate. I had submitted my resignation as I was unhappy with the company and their working methods. I had completed my 1 month notice period and they wanted me to submit my old belongings to the company and get no dues signed, which I did. 

After that the company handed only experience letter whereas they should have even given me NOC certificate which they haven’t because of which I’m not able to join any company as they require it and during this pandemic it’s taking a toll on me without the NOC I can’t work at any mining company I requested them to provide me one but they are not willing to issue one.

Question from: Rajasthan

Company is bound to issue a no objection certificate because you have resigned from the job and it has no dues.Furthermore, you have completed the mandatory notice period. In this condition you should send a legal notice to the company for issuing a no objection certificate

Also read: Termination without notice is invalid

File a complaint before the Tribunal

If the company does not issue NOC in a reasonable time then you should file a complaint before the Industrial Labour Tribunal. It is your right to get NOC from the employer. Therefore, employer cannot refuse to issue 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 company will issue a NOC because it cannot deprive a person from the right to livelihood. In absence of NOC you cannot get a job in a mining company. 

Company not issuing a no objection certificate is an act like depriving you from the right to livelihood. The company is infringing your fundamental right i.e. right to life and personal liberty under Article 21 of the Constitution of India. 

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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