Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

mangaldev   11 July 2017

Service matter

R/Sirs,

a--How a workman/employee can prove legally and validly in a court that he has completed 240 days in last one calender year?

b-- legal and valid proof of gainfull employement after wrongfull termination of a workman(except  affidavit) before court?

c-- Legal Time limit to file/registered case in labour court after termination/suspension, amendments if any? Can one can file a case self and fight also without the availabilty of legal expert/assistance? Fee structures, mode of payment(cash/cheque etc), any relief for special catogry(SC/ST/OBC) person?

Thanx in advance



Learning

 10 Replies

P. Venu (Advocate)     12 July 2017

The posting is more of a riddle! Please post the material facts,if any.

G.L.N. Prasad (Retired employee.)     12 July 2017

Mr.Mangaldev:  If you want solution with more clarity, it is not through this way of posting a complicated problem in open forum in one two sentences.  Identify a suitable advocate, specialized in labor law and get a solution within one hour and immediately take action, withut suffering in silence by posting the same in open forums, which unfortunately serves no purpose.

Kumar Doab (FIN)     13 July 2017

a. The interview call letter/offer letter/appointment letter/PF number/ESIC card/Form16, salary slips,LTA/LTC, Group insurance claims, Mediclaim,emails, assignments, attendance, bank transfers,SMS.Whatsapp messages, calls recorded, payouts, etc etc and various registers submitted by employer under applicable enactments...................

 

b.affidavit submitted by employee. Employer may establish.

 

c. NO limitation to approach the tribunal.

 

 

Get in touch with seasoned employee's/trade union leaders, and a very able local counsel of unshakable repute and integrity specializing in labor/service matters.....

mangaldev   13 July 2017

R/Sirs,

Many-Many Thanx Respected Kumar Doab Sir, very very well answer.......

but one doubt is still there-

In point b- but in a case now employee has to prove it, how employee can prove it besides pleading/affidavit? what is the legal                  proof of this one ? sir please please reply Dear Doab Sir ??????

In point c- registration procedure with fee structure and mode of payment?  if information  not availaible than from which source                I can get it? 

Again  Thanx

Kumar Doab (FIN)     13 July 2017

Counter the employer.

If concilliation has failed the ALC might have made the reference. Tribunal shall decide.

As already suggested aproach a seasoned counsel.

 

Kumar Doab (FIN)     14 July 2017

In case you have financial issues approach seasoned employee's/trade union leaders, free legal aid center, you community leaders....

mangaldev   15 July 2017

R/Sirs,

xyz is a suspended employee from a reputated government org.? xyz's mother is a pensioner and xyz's wife is a government teacher, now my query is: 

A- Can xyz is legally dependent upon mother/wife during suspension?

B-"Service Rule is that employee self can take 100% back and family dependent 75% cash back medical bill during suspension" Now query arise is-

Can xyz during suspension take "medical allowance/medical aid and hospitalization facility" with the name of wife/mother, in terms of family dependent person irrespective the fact that they are getting government salary/pension?

C- Can xyz's son/daughter and wife is legally dependent upon xyz irrespective of the fact that xyz's wife is a government teacher?

Please give any citation in the view of above.

Thanking You

 

Kumar Doab (FIN)     15 July 2017

Puruse the service rules.

P. Venu (Advocate)     16 July 2017

It is legally inconceivable that the so-called service rule "Service Rule is that employee self can take 100% back and family dependent 75% cash back medical bill during suspension" could be in the Rule Book.


In my limited knowledge, there cannot be any different rule governing medical reimbursement during suspension. The general principle is that spouse is dependent on the employee irrespective of his /her income (husband and wife, if in public service, needs to make an option); and so is unemployed children below the age specified. As regards to parents dependency depends upon their income as well place of residence. 
 

1 Like

Kumar Doab (FIN)     16 July 2017

Pursue service rules carefully.

Take help of local employees/trade union leaders, counsels if required..


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register