Relief for deceitful Employer Relief for deceitful Employer

4 months ago

I wrote a written examination for a position with the NDLI Project of Govt. of India conducted by the Project Authority, IIT Kharagpur, in response to their call. I was selected but the salary offered was less than that advertised. On pointing out, I was offered a second offer letter wherein my position was unilaterally reduced to match the salary. Continuous follow-up has yielded no results. They have given me the option to decline the offer. What relief can I get from the Legal system?

Kishan Dutt Kalaskar

Responded 4 months ago

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A.Dear Sir,
Since it is a Central Government concern you may approach Central Administrative Tribunal or the jurisdictional Hon’ble High Court for necessary reliefs.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 4 months ago

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A.Dear client,

The Advertising Standard Council of India (ASCI) Code, the Consumer Protection Act, and the Trademarks Act all forbid deceptive or fraudulent advertising, as well as those that establish false associations. To take action against your employer for the misleading advertisement you may file a complaint to the Ministry of Consumer Affairs along with a copy of such advertisement through the web portal of the GOI at http://gama.gov.in.

Section 24 of the Restrictions of Advertisement and Prohibition to Unfair Trade Practices provides for the legal remedy for your scenario.

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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 4 months ago

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A.Dear Client,
Interview, selection, appointment, promotion etc all these activities were carried on by respective establishments as per the well-established recruitment policy made out considering a variety of factors and following the principle of natural justice. Only in case of deviation/discrimination/mala fide in the selection process, if appears on the face of the record, the Administrative Tribunal/High Court may entertain an appeal challenging. In the absence of any corrigendum or correction of earlier advertisement modifying the status of the advertisement, it shall stand in force. So, any deviation or discrepancy based on that advertisement is unfair and unjust. So, representing your grievance to the Department Head, you can escalate your grievance before the SAT(State Administrative Tribunal) or the CAT(Central Administrative Tribunal) as the case may be. This forum has been established for adjudication of disputes with respect to recruitment and conditions of service of persons appointed for public services. Reach out to an Advocate handling CAT/SAT matters for guidance and steps.
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