19 October 2017 at 15:29

Adoption leave

Sir,

Pls help me to guide.

Whether contractual employee of Govt department can take adoption leave in case if she adopts baby of one day..

Thanks

Savita


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19 October 2017 at 11:56

work in compulsary off

sir/Mam i was employee of MNC pvt ltd company. And my problem is I have to work in festival day. I am working in other district. my hometown was jabalpur and i am working in chindwara. please tell me the law. my seniours says no off no leave what can i do to go home.


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14 October 2017 at 21:09

Closure of industry

If a company is closing down due to inappropriate market condition.What is the liablity of an employer and what is the steps to close down the industry.
EX 1: ONE OF THE WORKER STARTED WORKING FROM 01/04/2010 AND WORKED FOR 110 DAYS FOR 2010-11,120 DAYS FOR 2011-12,135 DAYS FOR 2013-14,90 DAYS FOR 2014-15,212 DAYS IN 2015-16 ,291 DAYS IN 2016-17 AND 168 DAYS TILL DATE. WHAT IS THE COMPANYS LIABLITY FOR THIS EMPLOYEE IF THE INDUSTRY SHUT DOWN PERMANENTLY.

EX 2: ONE OF THE WORKER STARTED WORKING FROM 01/07/2016 AND WORKED FOR 226 DAYS IN 2016-17 AND 168 DAYS TILL DATE. WHAT IS THE COMPANYS LIABLITY FOR THIS EMPLOYEE IF THE INDUSTRY SHUT DOWN PERMANENTLY. PLEASE SO BOTH THE CALCULATIONS SEPARATELY FOR ALL THE LIABILITIES.


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06 September 2017 at 17:43

Ar

Case is pending before labour court tribunal and at the stage of evidence. There are 6 Respondents/management party in the case and 4 respondents have given their authority letter that their advocate will appear on their behalf before the court but 2 respondents have not given any authority letter or vakalatnama. My query is that such respondents/management who with their cleverness misleaded the learned court by not submitting the remaining 2 authority letter and apart from that they were also not ex-parte in the case. Against such respondents/management what action can be taken and whom it can be reported as the case is going for some appeal/revision before high court can this matter also be brought to its notice.


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Dear Respected members of this community,
I have a question and hopefully it's valid and hopefully I will receive some genuine answers from the senior members of this community.
I have a UAN no which is not linked to Aadhaar. I know there are some facilities I'm deprived of due to non-linking of Aadhaar. But my query is different.
Suppose the subjudice matter of mandatory Aadhaar linking decision goes in favor of GOI and Aadhaar becomes mandatory to be linked with UAN can I take a stance that I'll not link it.
Because as per Aadhar act,2016 since GOI is giving 1.16% of my basic from their consolidated fund they are supposed to ask me to link my Aadhar, but what if I don't want that money from GoI? Can I opt out of linking Aadhar? I know when I became a member of EPF automatically I became a member of EPS and Aadhar linking is mandatory for EPS. But like any other subsidy or welfare schemes in this country I should have the choice to opt in or out of it. I can claim LPG subsidy, on the other hand I can opt out of it, if I wish why can't I opt out of that 1.16% of govt money?
As per my understanding I can't opt out of it, and therefore I have to share my Aadhar, isn't it forceful submission? Shouldn't I have a choice whether I want it or not?
I'm telling again that I very well know the facilities come along with the linking, so please don't tell me about the facilities. My only concern is related to this forceful submission.
I would like to hear some genuine understandings from the senior members.


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02 September 2017 at 13:13

Certified copy of authority letter

How to get certified copy of authority letter filed by respondents/managements before the court.


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IT IS MY HUMBLE REQUEST TO ALL EXPERTS ON LCI KINDLY LOOK INTO THE CALCULATION DONE BY ME AND STATE WHETHER IT IS RIGHT OR WRONG? CUREENT PER DAY WAGES FOR WATCH & WARD WITH ARMS IS RS.710/- PER DAY AS PER CLC. NOW MY CALCULATION TO ARRIVE AT THE LOWEST MINIMUM COST WHICH INCLUDES EMPLOYER'S CONTRIBUTION TO P.F. & E.S.I .IS AS FOLLOWS:
1) 26 DAYS WAGES IN MONTH ---- 18460/-
2) 4 DAYS OFF WAGES FOR SUBSTITUTE(24*7 SECURITY TO BE PROVIDED) --- 2840/-
_____________
TOTAL BASIC WAGES ---- 21300/-
3) PROVIDENT FUND CONTRIBUTION OF EMPLOYER @ 13.15% ---------- 2800.95/-
4) E.S.I. CONTRIBUTION OF EMPLOYER @4.75% ------------ 1011.75/-
5) COST OF 3 NATIONAL HOLIDAYS(26TH JAN 15TH AUG, 2ND OCT) 177.50
6) MINIMUM BONUS AS PER BONUS ACT (7000*8.33% PER MONTH) -- 583.10/-
________________
TOTAL COST FOR ONE MONTH OF A SECURITY GUARD WITH ARMS 25873.30/-
NOTE :- 4 DAYS OVERTIME CANNOT BE GIVEN AS I WANT TO KEEP THE COST LOWEST & WEEKLY OFF IS ALSO NOT ALLOWED AS IT IS SECURITY WORK WHICH IS TO BE PROVIDED 24/7.
KINDLY EXAMINE THE CALCULATION KEEPING ALL THE REGULATIONS OF CENTRAL SPHERE AND ALSO TO KEEP THE COST MINIMUM. HOPE LCI EXPERTS WILL HELP ME.


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15 August 2017 at 13:12

Slp no. 30621/011

No. 36012/11/2016-EStt(Res)
Government of India
Ministry of Personnel. Public Grievances and pension
Department of Personnel and Training
North Block. New Delhi 110001
Dated the 30th September 2016
OFFICE MEMORANDUM
Subject: contempt petition (C) NO-314/2016 in SLP (C) N,o.4831/2012-Samta Andolan Samiti through its President vs. Sanjay Kothari & Ors.
Reference: 1. SLP(C) No. 30621/2011
2. SLP(C) NO. 31735/2011
3. SLP(C) NO, 35000/2011
4. SLP(C) No. 2839/2012
5. SLP(C) NO.483112012
6. SLP (C) NO.5859/2012
7, SLP(C) No. 5860/2012
8. SLP(C) No.30841/2012
9. SLP(C) N06915/2014
10. SLP(C) No. 8327/2014
11. SLP(C) No 16710-16711/2014
12. SLP (C) NO 23344/2014
13. SLP(C) No-23339-23340/2014
14. SLP(C) No. 21343/2015
15. SLP(C) No.33163/2014
16. Contempt Petition (C) No.314/2016 in SLP (C) No.4831/2012
The undersigned is directed to invite attention to this Departments 0M. No. 36012/45/2005-Estt (Res) dated 10th August, 2010 (copy enclosed) on the subject reservation in promotion — treatment of SC/ST candidates promoted on their own merit

2. The OM No 36012/45/2005-EStt(Res), dated 10.8.2010 was challenged in the High Court of Punjab & Haryana in CWP No, 13218/2009 [Shri Lachhmi Narain Gupta & Ors Vs Jarnail Singh & Ors ] The Hon’ble High Court Punjab & Haryana vide its judgment dated 15.7.2011 quashed the O.M dated 10.8.2010,

3. Against the Order Of the Hon’ble Punjab and Haryana High Court dated 15.7.2011. an SLP was filed by Jarnail Singh & Ors. The Union of India through Department of Revenue also filed SLP No.6915/2014 in this case.

4. The Hon’ble Supreme Court vide order dated -03.02.2015 passed the following interim order In SLP No.30621/011 Jarnail Singh & Ors. Vs Lachmi Narain Gupta & Ors:-
“Let the matter be listed in the second week of March 2015 on a non- miscellaneous day. Status quo existing as on today in respect of the promotional matters that are covered by the impugned judgment shall be maintained till the next date of hearing.

3. Contempt Petitions were filed before the Hon’ble Supreme Court against Department of personnel and Training and Railways alleging that 5 notifications issued by the DOPT and 5 Notifications issued by the Railways were contrary to the status quo order dated 03.02.2015 of the Hon’ble Supreme Court and therefore notice of contempt was issued. The matter came up for hearing on 29-9-2016 before the Apex Court.


4. In order to preclude any interim order in the contempt case, as desired by the Honble Supreme Court. the Learned Solicitor General has undertaken that till such time the main matter along with the Contempt Petition is decided, no further promotions of reserved category persons to unreserved posts will be made based on the DOPT 0M dated 10.8.2010 and Railway Board circular dated 14.9.2010,

5.In the light of the above, till such time that the SLP (s) are decided by the Hon’ble Supreme Court, while considering promotion, the DOPT 0M dated 10.8.2010 and Railway Board circular dated 14.9.2010 are not to be relied upon.The main matter along with the contempt petition is likely to be taken up for hearing on 22.11.2016.

6. These instructions may be brought to the notice of all concerned for information and necessary action.

In this Connection i would like to ask you that My Organisation has filled up 25 vacancies in unreserved seats on own merit by selecting reserved category candidate. So here, institute by filling seats on such a way during the case period and or after aforementioned judgement date is violating/overruled the Judgement of Hon'ble Supreme Court or not? We are working on post of Clerk and hence belong to Group C equivalent to Central Govt. Services. And also want to know about the legal course of action ahead..?


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Dear All,

i have been worked for the Denmark base logistics company for the period of 7 years.
after i resigned from the company have served my 30 days notice period and signed all the company Exit forms as per the company norms.
later after 30 days when i called HR for the F N F, i understand my have received cheque from HO but it was holded by the product head who is my immediate manger while am working for that company.
have called for the discussion and i understand there are one loss from the shipment which i quoted the rates, same need to be recover from my settlement,
have explained its not because of negligence and its handling issues by other colleagues, and same need to be take up with concern vendor and close the case., but they are holding my F N F cheque and understand until the vendor gives the credit note, if not they will recover from my F N F.

now question is , will it be possible to recover the loss after employee exit the company as per company policies,
on Emplyee exit interview and forms, now where discussed this issue and no where its mentioned too,
if not what kind of actions can employee take on legally.


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05 August 2017 at 09:38

How to calculate exact amount of bonus

Greeting to all members,
I wanted to know that how to calculate bonus on the lump sum amount of salary. I have case of an employee who is working since 1997 in a proprietorship firm. His salary was not bifurcated till FY. 16-17. He was getting salary in lump sum as mentioned below:

Years Salaries Annual Salary Bonus Payable @ 8.33% Limit according to Bonus Act 1965

Nov, 1997 2138
May ,1998 2138 25656 2,137.14 Where Basic is less than 3500
May ,1999 2352 28224 2,351.06 Where Basic is less than 3500
May ,2000 2587 31044 2,585.97 Where Basic is less than 3500
May ,2001 2846 34152 2,844.86 Where Basic is less than 3500
May ,2002 3131 37572 3,129.75 Where Basic is less than 3500
May ,2003 3444 41328 3,442.62 Where Basic is less than 3500
May ,2004 3788 45456 3,498.60 Calculated on 3500
May ,2005 4167 50004 3,498.60 Calculated on 3500
May ,2006 4584 55008 4,582.17 Where Basic is less than 10000
May ,2007 5042 60504 5,039.98 Where Basic is less than 10000
May ,2008 5546 66552 5,543.78 Where Basic is less than 10000
May ,2009 6101 73212 6,098.56 Where Basic is less than 10000
May ,2010 6711 80532 6,708.32 Where Basic is less than 10000
May ,2011 7382 88584 7,379.05 Where Basic is less than 10000
May ,2012 8120 97440 8,116.75 Where Basic is less than 10000
May ,2013 8932 107184 8,928.43 Where Basic is less than 10000
May ,2014 9825 117900 9,821.07 Where Basic is less than 10000
May ,2015 11000 132000 9,996.00 Calculated on 10000
May ,2016 12100 145200 9,996.00 Calculated on 10000
May ,2017 13310 159720 9,996.00 Calculated on 10000
This is what I have made a calculation of his bonus payable for the entire period of services. Please rectify if it is wrong. And suggest the right and appropriate case.
As he is not been paid any amount of bonus in any financial year. Please tell, is he eligible for the bonus upto date from the past years of his services or not ?


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