As per Hon'ble SUpreme court, Interpretation of Rule 105 DSER states that probation period can be at most upto two years after the initial appointment and thereafter the employer / school Mgt. is required to either confirm that employee on regular post by a written letter or terminate his services in case the school does not want to continue with that employee.
Now the question arises is WHAT IF THE SCHOOL DOES NOT GIVE CONFIRMATION IN WRITING EVEN AFTER COMPLETION OF THE PROBATION PERIOD, BUT CONTINUES FURTHER FOR MANY YEARS ON CONTRACT BASIS AND THEN AFTER SEVEN YEARS REMOVES THAT EMPLOYEE WITHOUT ASSIGNING ANY REASON.
My relative has been convicted by lower court in anti corruption case. However, before conviction, he got retired with all retirement benefits except pension which was sub judice at that time(for all employees). Post retirement, pension case was won and it was paid to other retired employees except my relative, on grounds of conviction in lower court.
Is he entitled to provisional pension pending appeal in higher courts.
In Tamilnadu, the central Cooperative Banks under the Administrative Control of the Regisgtrar of Cooperative Societies have been paying gratuity to its employees in accordance with the Group Gratuity Cash accumulation scheme of the LIC of India.This is covered under section 4(5) of the payment of Gratuity Act 1972 and there is no ceiling in the maximum amount.What is received by the Bank as Gratuity has to be disbursed to the employees without any deduction.The Registrar of Cooperative Socities, Chennai has also issued instructions to this effect.A bunch of Applications filed with the controlling Authority was rightly disposed in accordance with this provision. But the Appellate Authority did not pass the amount in excess of 3.5 lakhs and disallow the excess above 3.5 lakhs, eventhough no such claim was made from the Management pointing out section 4(3)., In fact section 4( 1) is yet to be notified in Tamilnadu ? The appeal filed with the High Court has been dismissed with direction to seek remedy in proper Court/Forum/ Authority.
Sir, My Brother was terminated in 2012 by Andhra Bank citing non disclosure of pending case at the time of appointment in 2010 (It is a false case related with matrimony which was closed in the year 2009 among the families and in 2012 officially in Lok Adalat 6 months before termination and the copy is submitted to Bank) We went to Hon'ble High court in 2012. The Hon'ble High Court considered our request and asked Bank to reconsider the matter in 2017. But, Andhra Bank is adamant on its stand and did not consider the order of Hon'ble High court. So, we went to Hon'ble High court again in 2017. But, till now, Bank didnot file its counter. Our advocate is saying that with out the counter, we cannot request the Hon'ble Judge to give ex parte judgement. I request you to kindly advise.
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I am working in a Pvt Ltd IT company in Mumbai since Jun 2017. The company sent e-mail show cause notice for not attending office regularly and attendance shortfall of mandatory 9 hr 15 min to which reply was sent last month. In the meantime they have sent more e-mails regarding termination of services and to meet HR today. I have lost my ID card so they issued temporary ID card later security took it back. I received another e-mail show cause notice about attendance shortfall. Please reply is it legal for employee not being allowed entry office and given notice regarding attendance? As per the employment terms issued by the company at the time of joining if employee is asking to be released from services he s/he has to give 3 month notice, the company can terminate with 1 month's notice. In this case as I did not submit resignation they are terminating without intention of paying 1 month's salary. Kindly advise as the reply to company's show cause is due tomorrow.
Can someone please help with the below scenario?
I am part of a software startup where my sales commissions are paid in 3 phases. A percentage on order booking, a percentage on invoicing and a larger percentage on realising the revenue. After order booking, we invoice our clients on a monthly basis for usage of software (SaaS). Offer letter doesn't mention the duration for which I am liable to receive commission and the order can run into years until terminated.
I have recently have recently resigned from the company after receiving the purchase order for a large value. The company has said I am only liable to receive the commission percentage on the booking of this order. The percentages on invoicing and revenue for this order and earlier orders will be forfeited is what they conveyed. There is no mention of this clause in the offer letter or company policies.
What does the law say about this? Do I have a legal stand here?
Thanks for the help.
Sir in judicial posts
Advertisement comes with 3 posts for ESP I.e Eligible sports person
Eligibility as per definition of ESP was sports person to be played at national level for state and Sports Gradation of Grade A and Grade B is shown in advertisement by saying that it comes under state policy of 2018
But the policy of 2018 has 4 grades A B C D( All grades level on decreased order I.e Olympics (A) to National school games (D) )
In the advertisement the eligible sports tournaments shown in 9 categories deals with Grade A and B
But in the state sports policy there are 13 categories ....9 to 13 deal with grade C and D which was not shown in advertisement
Also the sports policy says Grade A person can apply for Group A posts but Grade B can only apply for posts other than Group A
Now a person who is ESP as per definition of ESP having Grade D is not eligible for appearing in main exam by saying that your gradation is not as per advertisement I.e where C and D are not discussed
Note: No where in Advertisement it is written that Grade A and Grade B are allowed
No where in Advertisement it is written Grade C and Grade D are not allowed
It is mere presumption that A and B are allowed because Grade A and B are discussed in advertisement and only 9 categories of sports are discussed which only deals with Grade A and B
Now is not this discrimination with Grade C and D candidates who are not eligible but Grade B is allowed for ESP
And whether advertisement for recruitment in judicial posts can surpass the sports policy as the facts itself shows that by allowing Grade B eligible for Group A posts along with Grade A is pic and choose from the sports policy ( Also 9 categories of sports tournaments shown and only Grade A and B is discussed besides the fact that there are 13 categories and grade C and D are also there)
Whether the state can form there own eligibility for ESP by getting some part from the state sports policy And ignore the other
Please help me. I have 2 days overlap in my job. 1st company - Date of exit 26th July 2018 2nd company - Date of Joining 25th July 2018. I am unable to transfer my PF. I requested me previous company to help me out but they said they cannot do anything and this can be done by new company.
So i requested new company and the HR tried her best and initiated the process and sent mail to management for approval. Now, the legal team of my current company is saying that as per the policy of this company it is fine and let it be as is. I do not have any employment issue in my current company which they have confirmed. They will help me in rectifying PF either by giving declaration or withdrawing the amount.
I wanted to know this can be the issue with my future career turns. How should i be relaxed with this situation. What would be my future implications?
How do i tackle the Background verification process? I din't know that time that this can become so big issue.