Remember | Register | Forgot Password?
Bookmark This Page   RSS Feeds  Follow On Twitter

 

Search for Lawyers          
    

Home > Experts > Labour & Service Law



Please Wait ..


Displaying Queries 1 - 10 of 265 in 27 pages

Filter Query : All | Only Resolved | Only Open

harendrasinh

asked On 21 April 2017 at 20:56

Answer this query now

Salary not paid. dgm : p. & a.


I filed the case Under S -33C (2) Recovery.
Labour Court vadodara has given the Ex-patre Judgement in favour of me, only once written statement submitted by them, stating that this court has no jurisdiction and applicant is not coming under definition of worker.

2. After Verdict Co. filed re-opening of case under Sec- 26(A). Co. Lawyer has Submitted H.C.& SC Judgements stating that Labour Court has no power to decide Bonus and when applicant status of worker is a dispute. Guj HC 2005 LLR-87,Guj St. Vs Devji
bhai tapubhai. SC{C.A. No.6550/99 dt.14 Nov 2000, SBI Vs Ramchandra Dubey & Others.
3. besides under S-10(1)of 1947, Applicant has to prooved his Pre-Existing right.

4. Has labour court given the right Judgements, first in favour of me and later
in favour of Opponent.

5. Opponent submitted the reply in first hearing but later not represented by Lawyer or self.if labour court has no power than why took the case in his court being a judge,wasting of time.

6. Now should i file a Suit in Civil District or Labour Highcourt and under which Act & section, pl guide me.

Harendrasinh.



Narendra

asked On 07 April 2017 at 11:26

Answer this query now

Where I file a case against my lawyer and what remedies


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



Jatin Shaw

asked On 22 March 2017 at 15:32

Answer this query now

Payment of salary and dues in the absence of appointment letter


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 ?



iqbal Singh

asked On 22 February 2017 at 20:29

Answer this query now

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….



kumarjainn

asked On 14 February 2017 at 23:39

Answer this query now

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.




VK Gaur

asked On 14 February 2017 at 16:42

Answer this query now

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

Answer this query now

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

Answer this query now

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

Answer this query now

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

Answer this query now

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.












Quick Links



Browse By Category



Subscribe to Experts Feed
Enter your email to receive Experts Updates:









web analytics