My father was an employee of SBI last posted at Faridabad main branch as Dy. Manager died on 20/01/2005 while on service. He had made me nominee in his terminal benefits as son. At the time of his death I was minor of 14 years of age.
2. When in 2008 I became major I claimed amount of PF on the credit of my father in July 2008. One of my four step sister filled a suit of declaration with temporary injunction in March 2009 at District court Faridabad. Bank stopped all processing for payment but neither told me about that they have sanctioned the amount but can’t pay because of court orders nor court about any sanctioned amount. They also haven’t told me why they can’t pay any amount to me.
3. Said case was dismissed by the court with a direction that “The Law in this regard is very clear that the gratuity and other benefits shall be given to a person who is either nominee of the deceased or have a valid succession certificate.” with this direction I again claimed PF in 2015 and bank paid me amount which was sanctioned in 2008, no interest paid by bank as the amount lies with the bank whole time while the pendency of suit in court.
4. After onward I claimed for gratuity and family pension as per SBI clauses and nomination, on which bank told me verbally that my sisters have again lodged an appeal in upper court so they can’t process my application. So I wrote a mail to them requesting them that if any competent court of law has issued a stay order on lower court judgment then you can stop my applications otherwise SBI has to follow the direction of law cleared by lower court judgment. On that letter PPG Department of SBI Delhi Circle situated at Parliament Street email me on 19th May 2015 in which they told me about cases pending at district court Faridabad and requests me to submit my documents for claiming the amount. After claiming gratuity and family pension bank paid me gratuity in August 2015 and family pension in January 2016.
5. In November or December 2015 I claimed Exgratia scheme and interest on delayed payment of PF on which bank issued me a letter dated 20th January 2016 (wrong date as letter reached me on 15th January 2016) in which they told me about Law opinion of their Law Department that as per clauses of Exgratia if claimants have disputes among them then court orders are necessary for payment of Exgratia and they have taken the matter of interest on delay payment of PF and Gratuity to their controllers for consideration. I have also asked CGM (Delhi Circle) about what is Exgratia than Zonal Office Delhi Circle(SBI) situated at Parliament Street mailed me clauses of Exgratia and according to Point 3 of said clauses I am only person who can be considered as claimant so I emailed to C.G.M.(Delhi circle) and Chairman of SBI on 20th January for reconsideration of law Opinion as per their clauses only that person can be a claimant who is dependent on the employee and I am the only person who is dependent on my father as I was minor at that time so there is no requirement of getting court orders then on 2nd Feb. 2016 a manager posted at NIT Main Branch Faridabad mailed me asking for Exgratia papers along with affidavit declaring that all of my sisters are married at the time of my father’s death so I sent them all required documents and affidavit which they(SBI) required.
6. On 8th April 2016 bank wrote me a mail in which they told me about interest on delayed PF and gratuity will be paid shortly and for Exgratia they required my identity documents because my sister is claiming me some other person in court. This requirement is raised by bank when they have already paid me three terminal dues and I even have a bank account in their bank in which they have credited the amount of family pension. However I submitted my identity document by mail.
7. On 28th June 2016 bank wrote me a letter that they are not going to pay any amount without succession certificate because it is the extract of lower court judgment (As per direction given by their controllers sitting at head office at parliament Street). I again asked them that they have already paid me amount of some of terminal dues as per same court orders how it can be possible that suddenly court judgment extract changed. Then on 15th March 2017 they again wrote me same wordings that they can’t pay any amount without succession certificate as per court judgment.
8. Apart from this my father also has SBILIFE group insurance policy linked with his PF Index No. SBILIFE releases that amount to SBI in 2010 after 5 years of death of my father and case was pending at District Court Faridabad. Now on 12 May 2016 SBILIFE issues a letter to SBI to Release the amount in my favor as per clauses of said policy but SBI is also not releasing that payment to and asking succession certificate by letter dated 28th June 2016 and 15th March 2017 where as I have nomination in said policy too.
9. At present my economical condition is poor that I have no job from last 2 years and have no source of income from last year as well. Right now I am staying with my In-Laws and my Father-in-law is taking care of all of my expenses. He is retired person and having responsibilities of 6 persons including me and my family.
So I request you to please provide me legal aid and your kind help for getting my legal dues from bank.
I would be Grateful to you for this.


Answer now


Anonymous

My father was an employee of SBI (PF index no 1594230) last posted at Faridabad main branch (Br. Code 0734) as Dy. Manager died on 20/01/2005 while on service. He had made me nominee in his terminal benefits as son. At the time of his death I was minor of 14 years of age.
2. When in 2008 I became major I claimed amount of PF on the credit of my father in July 2008. One of my four step sisters named Deepti Gupta filled a suit of declaration with temporary injunction in March 2009 at District court Faridabad. Bank stopped all processing for payment but neither told me about that they have sanctioned the amount but can’t pay because of court orders nor court about any sanctioned amount. They also haven’t told me why they can’t pay any amount to me.
3. Said case was dismissed by the Honorable court of Ritu Yadav with a direction that “The Law in this regard is very clear that the gratuity and other benefits shall be given to a person who is either nominee of the deceased or have a valid succession certificate.” with this direction I again claimed PF in 2015 and bank paid me amount which was sanctioned in 2008, no interest paid by bank as the amount lies with the bank whole time while the pendency of suit in court.
4. After onward I claimed for gratuity and family pension as per SBI clauses and nomination, on which bank told me verbally that my sisters have again lodged an appeal in upper court so they can’t process my application. So I wrote a mail to them requesting them that if any competent court of law has issued a stay order on lower court judgment then you can stop my applications otherwise SBI has to follow the direction of law cleared by lower court judgment. On that letter PPG Department of SBI Delhi Circle situated at Parliament Street email me on 19th May 2015 in which they told me about cases pending at district court Faridabad and requests me to submit my documents for claiming the amount. After claiming gratuity and family pension bank paid me gratuity in August 2015 and family pension in January 2016.
5. In November or December 2015 I claimed Exgratia scheme and interest on delayed payment of PF on which bank issued me a letter dated 20th January 2016 (wrong date as letter reached me on 15th January 2016) in which they told me about Law opinion of their Law Department that as per clauses of Exgratia if claimants have disputes among them then court orders are necessary for payment of Exgratia and they have taken the matter of interest on delay payment of PF and Gratuity to their controllers for consideration. I have also asked CGM (Delhi Circle) about what is Exgratia then Zonal Office Delhi Circle(SBI) situated at Parliament Street mailed me clauses of Exgratia and according to Point 3 of said clauses I am only person who can be considered as claimant so I emailed to C.G.M.(Delhi circle) and Chairman of SBI on 20th January for reconsideration of law Opinion as per their clauses only that person can be a claimant who is dependent on the employee and I am the only person who is dependent on my father as I was minor at that time so there is no requirement of getting court orders then on 2nd Feb. 2016 a manager named Mr. Surender Madan posted at NIT Main Branch Faridabad(0734) mailed me asking for Exgratia papers along with affidavit declaring that all of my sisters are married at the time of my father’s death so I sent them all required documents and affidavit which they(SBI) required.
6. On 8th April 2016 bank wrote me a mail in which they told me about interest on delayed PF and gratuity will be paid shortly and for Exgratia they required my identity documents because my sister is claiming me some other person in court. This requirement is raised by bank when they have already paid me three terminal dues and I even have a bank account in their bank in which they have credited the amount of family pension. However I submitted my identity document by mail.
7. On 28th June 2016 bank wrote me a letter that they are not going to pay any amount without succession certificate because it is the extract of lower court judgment (As per direction given by their controllers sitting at head office at parliament Street). I again asked them that they have already paid me amount of some of terminal dues as per same court orders how it can be possible that suddenly court judgment extract changed. Then on 15th March 2017 they again wrote me same wordings that they can’t pay any amount without succession certificate as per court judgment.
8. Apart from this my father also has SBILIFE group insurance policy linked with his PF Index No. SBILIFE releases that amount to SBI in 2010 after 5 years of death of my father and case was pending at District Court Faridabad. Now on 12 May 2016 SBILIFE issues a letter to SBI to Release the amount in my favor as per clauses of said policy but SBI is also not releasing that payment to and asking succession certificate by letter dated 28th June 2016 and 15th March 2017 where as I have nomination in said policy too.
9. At present my economical condition is poor that I have no job from last 2 years and have no source of income from last year as well. Right now I am staying with my In-Laws in Nagaland and my Father-in-law is taking care of all of my expenses. He is retired person and having responsibilities of 6 persons including me and my family.
So I request you to please provide me legal aid and your kind help for getting my legal dues from bank.
I would be Grateful to you for this.


Answer now

DearExpert
Kindly advise me whether pf is applicableor not for LABOUR CHARGES PADI OUT SIDE FACTROY EVEN THOUGH THERE IS PROPER DC & BILL, & MAN POWER IS LESS THAN 10
IF APPLICABLE PLEASE QUOTE RULES & PARAGRAPH
WITH REGARDS,
V.SUBBARAO


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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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06 August 2017 at 18:08

Witness to call

To call witness from respondent side I have submitted application to deposit PF, DM to court for summoning and almost three months passed which is kept for argument which is kept pending by respondent as they don't want to let witness appear. What can be done.


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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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28 July 2017 at 07:58

Providing documents to high court

Few of my colleagues along with me have filled a writ under article 226 to the high court against change in terms and conditions of service. We have also provided few documents eg the sanction received from the President of India to for the purpose of running the society, articles of association of the society etc. My organisation has issued show cause notice to us asking us to explain why an action should not be taken against us for providing such documents to the lawyer. Kindly guide if my organization can issue such a show cause notice and what is the protection available to us against such action. Thank you in.anticipation.


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I have completed my graduation(BTech) in year 2010 and joined one MNC (private company) in 2010.During my job I started full time(regular ) MBA programme from AICTE approved institute in year 2014 and completed my MBA in 2016 while continuing job in MNC. I was in IT support work while working in MNC which provided me time flexibility(shifts) to enroll for course and to complete it. I have applied for post of MT(Management Trainee) at one of PSU(Public Sector Unit/Govenment of India Enterprise) and have cleared the written test as well shortlisted for Interview round where no experience is required for post.So kindly answer the below query:- 1) Will my work experience will be counted/considered by PSU? 2) Will my MBA degree will be considered valid by PSU? 3) What would I need to do at interview :- A)undisclose my work experience as it's not mandatory for for applied post ? B) disclose my work experience and justify the panel how I managed both which is actually true?
C) Will it be considered as fraud if I will not disclose my work experience to PSU and later can any disciplinary action can be initiated against me?

Please suggest with explanation.


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17 July 2017 at 20:06

Dismissal of reference

Case is on stage of workman evidence and affidavit tender and list of witness filed for summoning. On date respondents did not cross and submitted application for dismissal of reference on point of jurisdiction. Respondents although mentioned point of jurisdiction in their written statement earlier and rejoinder was filed that case is within jurisdiction. Now judge ordered for reply to be filed on respondents application. My query is that I am contesting my case at own due to financial constraints and have no other income source. Please advice me that when case was on workman evidence how can respondents filed such application at this stage and what can be done.


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