delay in joining due to no response from an autonomous university delay in joining due to no response from an autonomous university

I have received an offer of appointment at Level 11 pay scale from an autonomous university under GNCTD. I immediately accepted the offer and conveyed my acceptance to the university also I have resigned from my current position at CPSU(Maharatana). Later after one month I received a letter for a medical test, which I attend and got my medical done. I was in a notice period of 3 months, meanwhile, I raise the query of pay protection as per the extant DoPT orders with the university. I did not get a satisfactory reply on the pay-protection subject. Even on physically meeting with the establishment division of the university they said, it will be sent for approval once you join the university. So they postponed everything to my joining, they could not even assure me an in-principal approval of pay protection. Seeing all this ambiguity I decided to withdraw my resignation from my current PSU employer, and I withdrew the resignation. I mailed to the university that I need clarification on the pay protection before joining along with other 2-3 points as per the DoPT guidelines. I did not get any reply for 2 months, then I decided to meet the appointing authority at the university for a matter of pay protection and other issues. The Registrar has invited me to meet physically to discuss my concerns. The Registrar resolved my queries except for the pay protection subject, for which he called someone from the finance/establishment division and gave them my papers for getting clarification on pay protection and assured me of a written reply within a few days. But more than 6 months have gone I haven't received any reply from the university. I have been giving them incessant reminders over email quoting the reference of my meeting with Registrar. After seeing no reply to my all emails I gave representation in hard copy and got a receipt from the University office as well. Its been one month since I have given the representation in hard copies and asked for assurance or otherwise a written reply from the university so that I can resign from my current organization and serve the notice period. It's been a year since the original date of the offer of appointment.
1) I want to know if, can they cancel my offer of an appointment without addressing my concern or giving me a chance.
2) I could not join because they have not till date addressed my query/concern. Will i be at fault for not joining?
3) If they cancel by assigning the reason for the long delay in joining, can I proceed legally.
4) How can I proceed from this situation, If I am willing to join with pay protection.

Kishan Dutt Kalaskar Retired Judge

Responded 2 months ago

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A.Dear Sir,
You may go to the Service Tribunal or High Court to get a direction to the employer who refused to give you appropriate clarifications or if it is a MNC company then go to office of Labor Commissioner under following provision of law.
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Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)

(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.

(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.

(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.

(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.

(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.

(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
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Anonymous

Replied 2 months ago

Dear Sir, Thanks for your reply.
This is an autonomous university under Govt. of NCT of Delhi. They are not giving me clarification on pay-protection matter since last one year, thud joining is getting delayed.

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