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Queries Participated

Rajeev1978   27 October 2011 at 18:50

Unfair termination & forced resignation by a pvt sector bank

Dear All,

One of my friends was working with a reputed MNC bank. After almost 2 years of service, the bank terminated him without any reason.He filed a writ petiotion in the High Court challenging the termination order and simultaneously also filed a case at the Labour Court.The ALC could not get his job back or provide compensation to the employee , but managed to persuade the bank officials to provide a relieving letter to the employee , on the condition that the employee submits a back dated letter of resignation to the company.Since almost 10 months had elapsed without an employment, my friend accepted the relieving letter in hope that atleast he has some chance to seek employment on the basis of a clean service certificate.The question here is has the employee lost the right to challenge the original order of termination issued by the bank ??? Isnt this a case of arm twisting tactics by the company inorder to force employees to submission so that they get away with unfair practices ??? My friend was the only bread winner of the family with 3 dependants. Does the court expect that the aggrieved employee has no right to employment till his case is decided in the court of law ??? If the employee doesnot earn for him and his family , there will be a question of survival, let alone fight for justice !!!

I request the expert panel to submit their valuable comments on this very important case.

Regards,

Rajeev

kuppa badri narayana   27 October 2011 at 17:23

Compassinate appointment

sir whether compassionate appointment can be given to a second wife whose marriage took place during the currency of the first wife but the first wife is now no longer surviving.

prashant1314   27 October 2011 at 12:17

Contract labour...eligible to paid holiday?

Dear Experts,

I am working in manufacturing company in pune as contract worker through registered contractor due to diwali factory will be closed for around 05 days so the Staff & Permanent Workers of the company would be getting salary for this period as the same days are included in Annual Holiday Calendar of the factory?

So am I too eligible for paid salary fot these days?

Dr. Sharad Garg   29 June 2011 at 01:00

EPF related query

I was appointed in an educational institution in July, 2001. I have served notice period and shall leave the organization in September, 2011. The first year i.e. 2001-02 I was on probation and accordingly EPF was not deducted from salary. EPF was deducted only from second year i.e. July 2002. Am I eligible for Pension? I know I shall not be completing 10 years of continuous contribution to EPF. I am moving to an organization which does not have EPF facility. I wish to avail Pension, so let me know if there is any way out.

SARAVANAN.R   06 June 2011 at 09:44

Gratuity

Sir,

I am working in a Public Ltd company here at Alleppey. My services were confirmed in Ist December 2006. So If I resign after giving 30 days notice in August 2011, will I entitled to Gratuity, as the service period will be 4 years and 6 or 7 months.Wll the service of seven months reckoned as one year.

I will be happy to hear from you.

Saravanan

Anonymous   06 April 2011 at 11:42

Where I need to Lodge a complaint against an employer for getting maternity benefits

Hi, I am working in delhi's Pvt. Ltd. Company for the last three years as Sr. Executive - HR. I am 8 months pregnant and now my company is denying to give me Maternity leave and maternity pay. They have hired a new HR person and asking me to leave company with in a week after handover everything.

I want to lodge a complaint against my employer. Please advise how & where I need to lodge the complaint.

Thanks & Regards

A.R.KUPPUSAMI   24 November 2010 at 23:33

answer to EPF query

Wages defined in EPF Act is that Basic +Dearness Allowance and any cash or in kind that is food grains on concessional rates meant for wages

Anonymous   29 August 2010 at 21:36

Provident Fund

the client was employed at an institute in Greater Noida in the year 2008-2009 for which the pf was deducted and submitted to the concerned PF office of the district.

Now the client has left the organization in 2009. she now wants her PF to be withdrawn from the PF office. she has submitted the claim form in Feb 2010 for which the PF office has put some objection and returned the form to the employer. now after contacting the employer they say that the objection is resolved and the form has again been presented for processing of with drawl for which it has been now more than 5 months but no response is received from any of the two. when contacted the PF office they verbally said that the employer has registered the organization in the year 2006 and has started giving details only in 2008 hence they cannot process any request for with drawl until the employer does not provide them the details for 2 years 2006-2008. the employer says the form is submitted and the above said objection is removed whereas the PF office says the objection still remains as is and they have not received any communication from the employer nor have they received the withdrawl claim form.

through this forum i would like to know what legal action can we take towards PF office and the employer.

VIJAY K. TEOTIA   07 August 2010 at 09:08

Termination

A person designated Dy Manager and looking after marketing function of a liquor company. his services are terminated on account of non performance, without giving notice period. he remained appx 4.5 years with company. what remedy is available to employee. can he be deemed a workmen to get relief from labour court. or will it be a contractual dispute to claim all dues. can he get back job.
what protection is available to employer.

jvramakrishna356   25 July 2010 at 00:13

Factories Act Application

A Pharma company is having an exclusive R & D in a totally different location. Whether the R & D activity falls under manufacturing process under factories act and will it fall under the category of 'Factory'.

Please revert with your views...

Ramakrishna
09703100700