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Displaying Queries 1 - 10 of 264 in 27 pages

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ramesh francis

asked On 19 February 2017 at 15:04

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Contempt of court


I HAVE BEEN APPOINTED IN ONGC IN 2000 ALONGWITH 577 EMPLOYEES. WE ARE GETTING ALL THE BENEFITS AND ALLOWANCES AS PER REGULAR APPOINTMENT. IN THE YEAR 2005 ONGC HAS CHANGED OUR SERVICE CONDITIONS AND MADE US TENURE BASED EMPLOYEES ON FIX SALARY AND FOR 4 YEARS. EVERY FOUR YEARS THEY GIVE US EXTENTION. WE APPROACHED TRIBUNAL FOR JUSTICE. I AM ALSO IN THE LIST OF 577 EMPLOYEES. ALL EMPLOYEES HAVE BEEN GIVEN EXTENTION IN 2009 ALONGWITH ME. IN THE YEAR 11 TRIBUNAL PASSED ORDER IN EMPLOYEES FAVOUR. ONGC APPROACHED GUJARAT HIGH COURT. IN THE MEANTIME THE NEXT EXTENTION OF TENURE OF 4 YEARS IN 2013, I HAVE NOT BEEN GIVEN EXTENTION WITHOUT ASSIGNING ANY REASONS. WE WON IN HIGH COURT IN APRIL 2013. ONGC FILED APPEAL IN DOUBLE BENCH AND LOST. ONGC FILE APPEAL IN SUPREME COURT AND SUPREME COURT DISMISS THE ONGC APPEAL AND ASKED TO IMPLEMENT THE HIGH COURT ORDER. IN GUJARAT HIGH COURT ORDER IT CLEARLY STATES THAT FROM THE FIRST INSTANCE OF TENURE IN 2005 ALL THE EMPLOYEES WOULD BE GIVEN REGULAR APPOINTMENT. I AM ON THE ONGC ROLLS IN 2005. BUT ONGC HAS NOT CONSIDERED ME AND GIVEN ME LETTER IN 2015 THAT MY 2013 TENURE WAS NOT EXTENDED DUE TO UNSATISFACTORY PERFORMANCE AND SINCE THE JUDGEMENT OF GUJARAT HIGH COURTS HAVE BEEN CAME IN APRIL 2013 AT THAT TIME I AM NOT ON THE ONGC ROLLS AND THEREFORE THE JUDGEMENT IS NOT APPLICABLE IN MY CASE.

NOW WHAT LEGAL REMEDY I HAVE ?

CAN I FILE CONTEMPT OF COURT ?

THANKS



Ravi Goyal

asked On 17 February 2017 at 23:01

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Incriment


I am in private pharma company on the post of medical representative .my company gives us target from January from December means calendar year .there is an incriment according to our performance on the target .but incriment starts from April to march means financial year.in this way there is loss of first three months of hike salary for me if my performance is good every year...please suggest me that is that wrong or right .



kumarjainn

asked On 14 February 2017 at 23:39

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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.




D Nanda Kumar

asked On 14 February 2017 at 20:10

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Promotion under sealed cover procedure


JGD
1.Worked in nationalised Bank for 39 years and retired in March, 2010
2.Got promoted from Scale I to II in April, 1993 but result held in sealed cover due to pending case in CBI Special court, Mumbai.
3.Applied for promotion from Scale II to III conducted in 1998 but denied opportunity due non release of promotion on adhoc basis.
4.Got acquitted on merits by the Court in March, 2014 (after retirement).
5.The Bank has released the promotion held in sealed cover with notional effective date of April, 1993 with due benefits now in January, 2017.
6.Subsequent to that I have claimed that the Bank should consider my promotion from Scale II to III which was denied to me in 1998 based on my ARRs which are excellent during the period relevant to that period (it is in fact excellent throughout till retirement which has been admitted to by the Bank).
I want to know:
1.Whether my claim is as per provisions of sealed cover procedure?
2.Is there any decision in the High Court/Supreme court to support my claim?
3.If the Bank does not consider, whether I can approach a court and how?
4.If I get the said promotion released with notional back date can I claim further promotions on various future dates?



VK Gaur

asked On 14 February 2017 at 16:42

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Validating trade unions registered outside the geographical limits of region


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.





SB

asked On 21 January 2017 at 20:05

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Severance package for redundancy


Case in brief: I am working in an international NGO , based in New Delhi, India. I am working here for 8 years and 7 months (as of Jan 2017). Since I have joined, my performance has been consistently excellent and I have been promoted as Director (global leader of a particular work area; in my case, application of mobile technology in agriculture) in the senior management grade (one level below the executive management team, comprising the CEO).
Being the youngest director, many have animosity about my progress in the organisation. Recently, such people manipulated the board of the company (comprising of independent executive director and members of executive management team) and convinced them that the theme I am leading has no potential and hence should be made redundant; which in effect makes my position redundant too. They have taken this route, because, otherwise I have been consistently building company's work and bringing in new business, so nothing can be pointed out about my performance.
As a result, the HR has verbally informed me that effective 2017 (they have not mentioned the month but said very soon) my position will be made redundant and I will have to leave the organisation.
My contract with the organisation is on "continuing term basis" that means it automatically gets renewed every year (equivalent of permanent payroll in commercial organisations). As per the contract, I have 90 days notice period or equivalent salary in lien.
However, I think this decision is maliciously intended, without any logic; because there is no factual evidence that the theme that I lead is loosing importance globally (on the contrary, more and more countries are interested in applying information technology in agriculture), nor there is any evidence of financial crisis in the organisation (in last 2 years the employee number doubled). Hence, I want to put up a legal case, challenging this decision with the intent that;
Option A: Company should roll back its decision and let me carry on with my employment and the associated benefits
Option B: In case company is adamant in its decision then I should be getting a fair and justified severance package so that I can get over the this sudden severance decision and carry on my activities with the severance money till I find a suitable assignment for me.
I am seeking a legal practitioner having experience of handling such cases in past, so that my case can be handled suitably and decisively.



Prabhas

asked On 21 January 2017 at 13:06

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Protection of pay


1.We 40 LDA appointed in 2011 under Direct Recruitment Quota in the PB-I (Band Pay 8210/-) with Grade Pay 3500/-. After imparting annual increment it becomes in May 2016 (Band Pay 9710/-) with Grade Pay 3500/-.

2. A Routine Clerk who appointed in Service in 1988 have been given promotion in May 2016, to the post of LDA and pay was fixed as (Band Pay 14390/-) with Grade Pay 3500/-.

3. It is to mention here that the appointment process for the post of LDA in 80% seat is filled by Direct Recruitment and 20% seats is reserved for
Routine Clerk for promotion to the post of LDA after completing a Departmental Exam.

4. My Query is that " Is 40 LDA, who have
been appointed in 2011, eligible to step up their pay as junior LDA in Gradation List.



srinivasan

asked On 21 April 2016 at 11:15

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Contract labour act 1971 minimum wages


Sir

There is proposal for increasing Minimum Labour wages as Rs.10000/= according to Contract Labour central rule 1971 in Gazatte. What is the existing Wages now?..

is it will applies to whom?... Whether states Minimum wages applying for the same or its procedure are different?...



b kumar chsndrs

asked On 03 March 2016 at 12:33

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Quary


)

This query i

sir told tha t Since you have completed HS


sir ' unfortunately miss to mention my H.S.Qualificstion in the application from . as per adv. minimum eligibity MP+ITI. HOW I RECOVER THE PROBLEM. pleaze give me suggestion to escape it
It is happens lack of my small knowledge but I have submitted my parent depar meant H.S. qualification through attestetation (P vR) before joing job , they P.V.R the H.S. certificate smd closed my record
but first page of my sr showm M.P.+iti
. I had been farther selected Eastern railway at same post . I had took technical resignation and joined Erly2015 . but at the time of (E.RLY) attestation I informed about my H.S .they ignored . farther they sent pvr without H.s

the service book came from my patent department ; the advertisement was no restriction for higher qualification


help me to solve the problem iam very fear and anixty.



b kumar chsndrs

asked On 28 February 2016 at 11:39

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Clarification


sir told tha t Since you have completed HS


sir ' unfortunately miss to mention my H.S.Qualificstion in the application from . as per adv. minimum eligibity MP+ITI. HOW I RECOVER THE PROBLEM. pleaze give me suggestion to escape it
It is happens lack of my small knowledge but I have submitted my parent depar meant H.S. qualification through attestetation (P vR) before joing job , they P.V.R the H.S. certificate smd closed my record
but first page of my sr showm M.P.+iti
. I had been farther selected Eastern railway at same post . I had took technical resignation and joined Erly2015 . but at the time of (E.RLY) attestation I informed about my H.S .they ignored . farther they sent pvr without H.s

the service book came from my patent department ; the advertisement was no restriction for higher qualification


help me to solve the problem iam very fear and anixty.












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