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Displaying Queries 1 - 10 of 268 in 27 pages

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Azim A. Charania

asked On 23 March 2017 at 11:59

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Minimum wages act


Respected Forum Members


With due respect to you and to your Chair, Need your valuable Views on the above captioned subject matter on my queries listed after brief history of our Factory / Establishment.

We are Private Limited Company having Registered Office at Mumbai Maharashtra, having Pan presence Plant ( Factory) & Office dealing in the business of Oil Blending and refiling of Lubricant Oil and Gas ( LPG ).

In term of Section 2 A of the Industrial Disputes Act , 1947. from our perspective Appropriate Government in our case is Central Government. As we dealing in business which is related to Oil Industries

We have entered in to the Service Agreement with Private Security Agencies for providing security services for our Pan Presence of Factory and Offices which is coming to end by 31st March 2017.

Due to increased in Special Allowance / VDA Notified by State Government / Central Government every Six Month, Private Security Agencies are raising bill demanding difference in DA / Special Allowance.

As per Central Government Notification 2233 Dated 18th September 2008, as per Explanation for the purpose of Notification at Serial number 2 & 4 which read as follow

(2) Where the Existing rates of Wages of any employee based on contract or agreement or otherwise are higher than the rates notified herein, the higher rates shall be protected and treated as minimum wages, applicable for the purpose of this notification to such employee.

(4) The Minimum rates of Wages are applicable to employees employed by Contractors also.

Now the September 2008 Central Notification is superseded by Central Government Notification Dated 19 Jan 2017. number SO 191 E.

As per Explanation for the purpose of Central Notification dated 19 Jan 2017 at (c) & (f) are same as of Serial number 2 & 4 of Central Notification 18th Sep 2008

Further Explanation (j) Central Notification dated 19.01.2017 which read as follow.

Wherein in any area the minimum rates of wages fixed by this notification are lower than the minimum rates of wages fixed by State Government for employees of the aforesaid employment in relation to which the State Government is the Appropriate Government, the rates of wages fixed by the State Government shall in respect of these areas, be deemed to be the minimum wages payable under this notification.

Q Who will be Appropriate Government State Government OR Central Government in our case?

Q Does above Two Notifications are applicable to us as we are Principal Employer & Not the Contractor ?

Q Which Notification we have to follow State Government Notification OR Central Government Notification with regard to Explanation (2) of 2008 notification &(j) of Notification 19.01.2017 attached as above of Central Notification for paying Minimum rates of Wages?

A line in reply is appreciated for such act of kindness I remain indebted to you.

Thanks and regards,



Jatin Shaw

asked On 22 March 2017 at 15:32

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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 ?



Anonymous

asked On 21 March 2017 at 13:46

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.


Hello sir, I hv registered in security & housekeeping services company for 1 district licence. I hv asking for suggestions about..... work in hole state in private company.



inderjeet

asked On 19 March 2017 at 11:06

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I.d. act


Under the Industrial Disputes Act do charitable Hospital comes under the meaning of Industry as per citation of Bangalore Water-Supply & ... vs R. Rajappa & Others on 21 February, 1978.



Ashish Jha

asked On 17 March 2017 at 12:21

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About notice policy in service industry


Dear All,

This is the story:

An employee resigns and ready to serve 3 month's notice period as per company's policy. All of sudden after completion of two months of notice that employee receives an email (when he was on leave) that after two days he will be relieved from his job and it is management's decision. In this case that emplyee is liable to take his third month's salary and other benefits?



sonu kumr

asked On 10 March 2017 at 09:58

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not pay salary(fnf)


Sir Mai delhi Mai ak travel Mai driver ki nokary kartha tha par mene Jan 2017 Mai nokary choth di par no salary nahi de raha hai Kya Mai iski sikyat local police station Mai complaint kara sakata agar laubor court Mai KAR no hi this Mai Noida Mai rahata hu to Noida Mae laubor court Mai kis de Milana hoga



iqbal Singh

asked On 22 February 2017 at 20:29

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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

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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.




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.












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