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bhanu pratap720   28 March 2010 at 12:06

death cum gratuity ceiling and 6 pay commission

certain retired employees of a corporation seek the enhanced ceiling limit of Rs 3.5 lac to Rs 10 lac as prescribed in the 6 pay commission . these employees are covered under central dearness allowance(CDA)
. some employees of the same corporation who are covered under induatrial deraness allowance(IDA) have been given the benefit of the above mentioned ceiling . it is said that for the IDA pattern no amendment is required in the Payment of Gratuity Act while for the CDA pattern an amendment is necessary. Correspondence was exchanged between the employees , the ministry and the PMO but in vain. Is there a case law to support the case of the CDA governred employees saying that the act of the corporation Article 14 of the Constitution of India ?

Ritika ahuja   24 March 2010 at 18:09

Petition

What is a leave petition filed by a company. When and why does a company file it.

Anonymous   20 March 2010 at 09:13

change of address and ward for assessment

When I applied for a PAN card, I was staying in Pune. Noow I am working and staying in Delhi, how can I get my address and ward changed.The form for change of particulars of PAN at the Income Tax site is not addressing this requirement in totality. Also whom do I have to approach and how do I know of the relevant new ward No ( at delhi)in my case. Kindly advise.

vishakha   19 March 2010 at 12:34

property tax levied in the defence area of Pune

Hi, I have a builiding and a bunglow constructed in d year 2002 in Bhosri area at Pune. This area falls in the defence or red zone area of Pune. My query is that can PMC levy property tax on this land and if yes then what about section 124 F of MRTP act that says that this land is exempt from taxation as it is under red zone. Please help I have a matter going on for the same in shivaji nagar court Pune, where the question as to whether property tax can be levied in such area, has to be decided.

Anonymous   19 March 2010 at 12:00

Second time Cheque returned with the remark 'A/c. Closed'

Business with a leading multinational necessitated giving blank cheques in advance for supplies, in 2003 the multinational company involved a multinational bank for its personal business advantage and all future transactions were routed through this multinational bank. The bank too insisted on 10 blank cheques of nationalised bank as security.

In 2005 business was closed and so was the bank account with the nationalised bank. The multinational company returned all the blank cheques in its custody but the bank failed to do so and said a particular amount was disputed. The discrepancies in account was brought to the notice of the multinational bank, negotiations failed and they deposited by filling the date and amount on one of the blank cheques in its custody in 2005. The cheque was returned with the remark 'Account Closed' and the bank intitated proceedings u/s 138.

The complainant bank failed to appear for cross examination and the cross was closed in 2009 and the bank has applied for revision in higher court.

Now the complainant bank has again deposited the second blank cheque in its custody for double the amount(most probably with interest)for recovery of the same amount for which trial is in progress and given a fresh notice u/s 138.

Is their any remedy for the accused. Can the accused lodge police complaint/FIR for harassment against the complaiant bank (if yes under which section) and or apply to court where the case is already in progress to restrain complainant from proceeding further (if us under which section).

Anonymous   19 March 2010 at 11:21

Business goodwill Buyback by landlord

I am a tenant running hotel since 2000. For first 5years the business was in the name of landlord. From 2006 the landlord offered to sell the hotel Business goodwill, furniture’s & movable amenities. So I Bought all these from the landlord At market price valued of year 2000,through legal agreement Deed.
Landlord also renew the lease for future 7 years., till 2012.
Will the business goodwill, furniture’s & movable amenities which I bought from the landlord, At market price valued at year 2000, legally fetch me any advantage, if my landlord wants me to vacate after the lease period. Can I legally tell my landlord to buy back my hotel Business goodwill, furniture’s & movable amenities At market price valued at year 2012.Because its connected to this hotel property. If he refuses to buy, do I legally have rights to sell, all hotel Business goodwill, furniture’s & movable amenities to someone else.(outsider)
ARE GOODWILL,BUSINESS WHICH I BOUGHT FROM LANDLORD CONNECTED TO THE THIS HOTEL property.
Is the following lines in the my agreement favorable to me to me or not.
(with the option to the tenant to renew the agreement for further period on such terms & condition as may be mutually agreed upon.)

Anonymous   19 March 2010 at 09:00

salary and settement dispute

Dear Experts , kindly advice me on final settelment dispute.

As per company policy (appointment letter which I singed) employee have to work in notice period of one month OR pay salary of one month (pay inlieu).
Sir, I resigned on 1st Feb.2010, and worked up to 6th Feb.2010 (I will to complete my notice period), but company blocked my last month salary (i.e Jan.2010) in which I worked full month. On the dated 8th feb. I came to know company blocked my last month salary, after enquery I came to know that HOD (General manager) given instuction to account and HR department about should not doposite Jan. salary.
And on the date 08th Feb I refuse to work in notice period because without salary it is difficult for me to servive for 2-3 months [i.e Jan, Feb, March without salary (final settelment have to take 20-25days after completion of notice period means my tentative final settelement cheque going to issue on 20-25th March)].
I requested HR manager to compansate my pending leves (32days including PL,CL,SL) or deduct my salary for remaining days of notice period but till date company not given me final settelment.
And now HOD & HR saying that you are not handover your charges so we will not issue your final settelment cheque until charge handover. But sir in my resignation latter I clearly mention that “Let me know my replesment to handover charges” but up to 8th feb. HOD as well HR not given replacement,

Before i stopped to work; I completed my pending work as well told everything related to senior (about wort status) but i dont have documentory proff of that.

I am not only facing this kind of dispute, before me (with me)4 other people are also facing the problem.

G.M saying that I given opportunity to work in this industry and you took disadvantage of it and now leaving organisation without my concern.
And one more thing i want to share that GM also cancelled my increment which suppose to be implente from month of oct.2009, other my colligues got the increment letters in month of Dec. except me.

So, please tell me in this situation what should I do and advice me for further step.

Raj Kumar Makkad   18 March 2010 at 22:12

ATS BUNGLE

What are your views over this matter?


Once again the Maharashtra police has demonstrated its talent for putting its collective foot in its mouth. Last Saturday's announcement by the Anti-Terrorism Squad that it had not only caught two suspected terrorists but that these two had links to Pakistan and were about to bomb ONGC oil tanks,the Thakkar mall in Borivli and other vital installations has angered the Centre. The Union ministry of home affairs has ordered an inquiry into the "leak" of information to the media and demanded action against the officer involved. The Centre is also annoyed that it was kept out of the loop by the Maharashtra government, while "sensitive" information was being released to the media. This incident highlights yet again the inefficiency and factionalism which rules the Maharashtra police and the inability of home minister RR Patil to fix its deep and serious problems. The ATS has through its short life been known more for its grand pronouncements rather than any major breakthroughs and here also has shown that it is incapable of balancing its inherent desire for publicity with the interests of the nation.



In some senses, the Pune blasts at German Bakery earlier this year, the confusion over the attackers, and the lack of intelligence inputs from the central agencies to support the contentions made by the Maharashtra police may have triggered this desire to register a "victory" in the public eye. Yet, if the Mumbai terror attacks made anything clear it is that no local police force is equipped to tackle a major terrorist attack without help from the Centre and from intelligence agencies. The ATS itself suffered greatly during the 2008 attacks when it lost its leader Hemant Karkare.Charge was then handed back to current chief KP Raghuvanshi, who, interestingly, held the post before it was given to Karkare.



Many officers within the force are both media and politician-savvy and they know how to sound right in both quarters. This is no mean skill but has been developed it seems at the expense of real policing. It also seems incredible that the Maharashtra police is unable to fathom that terrorism is a major threat that this country faces and cannot be used as a ploy by ambitious or desperate police officers to try and score points over one another. The overhaul of the Maharashtra police is already long overdue. The state home ministry must now see whether its answer to the Centre can also trigger a cleanup.

Shambhu   18 March 2010 at 11:21

Jurisdiction

Can someone provide me with judgements of Supreme Court & NCDRC on territorial jurisdiction be.

Shambhu   17 March 2010 at 09:58

Judgements

Can someone provide me with the latest judgements in property law where the stay order on vacating premises by the defendant is dismissed.