22 June 2017 at 23:50

Illegal recruitment

I have applied an application(submitted biodata and xerox copy of qualification certificates directly to Med. Suptd.) to the post of staff nurse in contract basis at NIMHANS Bangalore. There was no notification for the post or in official website. I heard this vacancy from NIMHANS staff only. Now while enquiry from H.R Dept. they told they were already selected 10-12 candidates. There were no open exam or interview and selected candidates are known to nimhans employees or relatives only. I just want to know this kind of recruitment valid in a central govt. Autonomous insinstitution? They were not published selection list, offer letter directly handed over to candidates. How to get stay order for this recruitment and make the recruitment through proper way


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14 June 2017 at 15:00

Salary payment from closed company

Dear Sir

Kindly advice that a company which is closed its operation in 2016.All employees have received their full & Final Payments including pf,gratuity etc in March 2017.
Whether company can pay its two three persons salary from company's account though its Factory License is also surrendered. Is there any legal complication as there is no any law applicable as three/four persons are remain for looking after the property etc.
regards
shailesh pandey


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Anonymous
27 April 2017 at 17:24

Incremental arrears

Sir,

My last working day was 14-april-2017, in a private company in Andhra Pradesh. As assistant manager f&a

Our salary month start from 26 to 25 in next month.

My full and final settlement is not yet done as on 27/04/2017.

Company paid incremental arrears @6% on ctc to all employees regarding Fy 16-17 along with salary of march 17 (26/04/2017). Except me.

My question is I've worked throughout FY 16-17, and up to 14th April 2017 in FY 17-18.

When I talked with my hr. He told that arrears of fy16-17 will not be paid to you and regular salary of march 17 and April 17 will be paid in final settlement which is under process.

Please suggest in view of legality. And if i'm eligible for incremental arrears of fy 16-17. Plz suggest me how to get my dues from company.

I served complete notice period as per my appointment letter

Madhu
9030409404


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Anonymous
27 April 2017 at 10:25

Incremental arrears

Sir,

My last working day was 14-april-2017, in a private company in Andhra Pradesh.

Our salary month start from 26 to 25 in next month.

My full and final settlement is not yet done as on 27/04/2017.

Company paid incremental arrears @6% on ctc to all employees regarding Fy 16-17 along with salary of march 17 (26/04/2017). Except me.

My question is I've worked throughout FY 16-17, and up to 14th April 2017 in FY 17-18.

When I talked with my hr. He told that arrears of fy16-17 will not be paid to you and regular salary of march 17 and April 17 will be paid in final settlement which is under process.

Please suggest in view of legality. And if i'm eligible for incremental arrears of fy 16-17. Plz suggest me how to get my dues from company.

I served complete notice period as per my appointment letter


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Sir,
After 11 years of working experience in a Assam State PSU APL, I have applied for a post in BCPL CPSU (Through Proper Channel) after Selecting for the new post I submitted technical resignation for joining new CPSU. I have joined in BCPL October 2011. At that time of joining in BCPL, my previous company APL pay scale was not revised and it had been revised on July, 2013 w.e.f. April,2009.
After revision my Last Basic Pay in APCL becomes Rs 31,210/-(Revised Pay in Pay Band -Rs24,910/- +Grade Pay-Rs 6,300/-) whereas my Basic was in BCPL is Rs 24,900/- at the time of joining. My previous company APCL follow CDA pattern.
On August, 2013 I have applied for Pay Protection in BCPL, since BCPL already providing pay protection to employee joining from other CPSU/Central Govt.
Since then continuous follow up/request BCPL recently replied that my pay protection does not arise since overall salary (CTC) in BCPL more vis-a vis APL.
However as per my knowledge BCPL provided pay protection to other CPSU like HPCL/Central Govt Employee whose CTC is less than BCPL, in that considering only Basic and DA
i request the experts to give their valuable opinion for which i will be thankful to them.

With Regards
Sanjib Dutta


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Sir, I was a worker in private ltd.company since 2005 .Employers retranched me from job since 2009 after that I filed a case in district Labour court through trade union , in 2014 the court passed the award in favour of me and ordered respondent to give 50% of back wages which is about 5 lacks and reinstated wih continueity in service there after aggrieved respondent file a writ petition before H.C. single bench and bench dismissed on april 2014 hece aggrived from the order respondent file a special appeal in H.C.(D.B.), yesterday 6/4/2017 in its first hearing my advocate without even intimate or council me willingfully weakened the case in any reason and court passed the order to give me only 1.5 lakhs without continueity in service . In these circumstances what should I do against my lawyer and please also advise the substitute remedy in favour of my case . As from lower middle class family please help me I am very thankful to you , Regards Narendra


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Respected Experts,
I had joined this organisation which is based in New Delhi at their branch in Kolkata in May 2016. They had only given me the offer letter which I duly accepted and had joined but never was provided with an appointment letter and even after requesting many times they did not send the same.
The branch was just a godown and all the previous staff had quit but then even I continued and started working. My reporting boss was the CEO of the company based in Delhi.
The problem was that the salary credited to us by 20-25 of next month. Which continuously was delayed even after requesting them to pay the salary on time.
Later on I got to know this was in practice in the company and even my boss would not listen to me over email, phone or on personal visit and would always reply I will see.
Thus not been able to continue with the possibility of delayed salaries I quit in January 2017 on 6 th January.
After that I have been requesting them to clear my December month Salary and my travelling and conveyances expenses.
But they are avoiding as usual my emails and calls.
Please tell me how to recover my dues from them ?


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22 February 2017 at 20:29

Withdrawal of ma for condonation of delay

I erroneously filed an M.A. for Condonation of Delay along with OA before the CAT, Principal Bench, New Delhi. But now after perusal of the critical dates involved, I came to know that there was no need for the MA for Condonation of Delay. My OA is well within the Limitation. Can I file another M.A. craving leave of the Tribunal for withdrawal of my earlier MA for Condonation of Delay and treat my OA as well within the Limitation period….


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14 February 2017 at 23:39

Judgement clarification

sir
I have posed this qs earlier also in the year 2011 now I am again coming with new question in this judgement in my case No. 4545/2000, Delhi High Court.
I was not considered for promotion in the year 1998 from the post of Sc.'C' to Sc. 'D' due to wrong implementation of the rules. I filed a case in CAT. Finally in the year 2011 i succeeded in High court and the judgement was delivered as below. However in the meantime I got promoted from Sc. 'C' to Sc'D' in the year 2001 and subsequently I got promotion as Sc. 'E' and Sc. 'F' . there is contradiction in para 8 and para 9 of the judgement. The last two para 8 and 9 of the judgement are given below:

Para 8.Since the petition filed by the petitioner succeed on this ground itself, it is not necessary to deal with the other contention rested on the retrospective operation of the said rule. Accordingly
W.P. (C) 4545/2000 Page 12 of 12
rule is made absolute. The impugned judgment dated 1st May, 2000 passed by the Central Administrative Tribunal is hereby set aside. The O.A. filed by the petitioner before the Tribunal is allowed. As a consequence, direction is issued to the respondent to reconsider the case of the petitioner by holding review DPC and if found suitable for promotion, the petitioner be accorded promotion to the post of scientist "D‟ with effect from the date his juniors were promoted on the basis of Internal Screening Committee which was held on 1st July, 1998.
Para 9. We are informed that the petitioner was subsequently given promotion to the post of scientist 'D‟ w.e.f. 1st July, 1998, he shall be given arrears on repromoted post from 1st July, 1998 to 30th July, 2001 and shall also be entitled to consequential benefits of seniority and promotion etc.
10. Since the respondents have not appeared, no order as to costs.
(A.K. SIKRI) JUDGE (M.L. MEHTA) JUDGE JULY 7,2011 skb

Note: there is a typing error in para 9 in place of (w.e.f. 1st July, 1998 it should be 1st July, 2001)
From the above it is clear that Paara 8 and 9 are contradicting. Paara 8 says that to consider my case for promotion in the year 1998 on the basis recommendation of the review DPC.
And para 9 says to as I am promoted in the year 2001 I should be given promotion w.e.f. 1998 with arrears and consequential benefit. That is Review DPC/assessment is not required.
The department implemented Para 8. I was directed to appear before the Review DPC for the year 1998. Then I received a letter intimating me that the review DPC did not find me fit for promotion in the year 1998. I was not given promotion from the year 1998 etc.
The department implemented the para 8 of the judgement no doubt. fine
But department has not implemented the Para 9 of the judgement according to which since i was promoted to the post of Scientist 'D' in the year 2001 I should have been given promotion from the year 1998 with arrears and consequential benefits.
This para does not ask for the views of review DPC. The result of 2001 has to be implemented with effect from 1998.
Thus Para 9 of the judgement has not been implemented. IS it a fit case for filing contempt of court or not. If yes,
can I file contempt for not implementing para 9 of the judgement now after a delay of five years. pl advice.

In fact department should have implemented para 9 of the judgment which is final para of the judgment. In case department department wishes to implement para 8 it should also implement para 9 of the judgment. my contention is Not implementing para 9 of the judgment is contempt of court.



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Respected Lawyers,
The issue is related to Powergrid Corporation of India Limited (in short POWERGRID), a CPSU and Central Transmission Utility under the aegis of Ministry of Power India. Before coming to main subject let us understand
PNBC : Powergrid National Bipartite Committee, a National level bipartite committee consisting of management representatives and PNBC representatives from unions in different regions elected through election among unions, these elections are conducted by Powergrid management.
In March 2015 PNBC elections were contested in NR-1 among two trade unions namely (1) Power Grid employees trade union NR-1 and (2) Power Grid Takniki Karamchari Sangh NR-1 for three seats of PNBC by the voting proportion trade union got 01 seat whereas takniki sangh got 02 seats. Both the unions were registered at ALC KANPUR UP. At that time NR-1 contained Rajasthan, UP, Uttrakhand , NCR and two districts of Haryana.
As per Government guidelines from 01st July 2016 NR-1 was split into two regions NR-1 & NR-3. Entire UP and maximum stations of Uttrakhand were transferred to new region NR-3.
As a result of having their registration at RLC KANPUR UP Power Grid employees trade union NR-1 and (2) Power Grid Takniki Karamchari Sangh NR-1 among which PNBC elections were held in former NR-1 in march 2015, went within the jurisdiction of NR-3.
And NR-1 (w.e.f) 01.07.16 became union less, for sake of a workmen union we registered a Union namely Powergrid Karamchari Sangathan NR-1 with Labour Commissioner South Delhi and we got registration certificate on 10th January 2017 and we intimated management about the registration on the very same day.
But management of NR-1 did not invited us for PNBC meeting, instead management invited representatives from Power Grid employees trade union NR-3 and (2) Power Grid Takniki Karamchari Sangh NR-3 for NR-1 region (unions which are registered at Kanpur hence under the geographical area of NR3.)
My query is
can management of NR-1 call representatives for PNBC meeting on behalf of NR-1 from Unions registered in NR-3 geographical area.

What can we do so that management of NR-1 recognize us and call our representative as PNBC candidate from NR-1.




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