pranay
16 October 2009 at 13:15
dear experts....
this question is an extension of my previous question under the criminal topic heading with 'please help'. As i mentioned that my father is an employee of coal india (a public undertaking company) .There are many subsidiaries of it in which ECL is one headquartered in sanctoria , west bengal . Two years back he was in another subs SECL headquartered in bilaspur chhatisgarh . The story is that my father is superintending engineer , civil dpt and has to deal with the construction inside company . As it's a crucial position so he has to deal with different contractors . One such contractor after transfer of my father from chhatisgarh lodged a false complaint against my father due to some personal grudge u/s 420 of ipc dtd 28th jan 2008,that he has taken some amount from that fellow on name of providing employeement . While any type of employment inside company is not the subject of civil engineer and job matters are dealt by personnel dpt and final authority is chief general manager . At the time of investigation, project where my father was posted given my father the clean chit as no job was applied by complainant and there was no land application given by him (which is a criteria for getting job ). But police in nexus with that contractor ignored this point and continued this investigation . Meanwhile my father applied twice in session court for anticipatory bail and both time it was rejected due to diff point . This year on 18th sept a police team finally came to arrest my father . They gave an arrest copies to local PS , my momma and area security officer . As they had to go by road so it is a journey of more than 2 days . Where they took rest the first night there the police team changed statement and told my father that we are not here to arrest you we are just taking you for interrogation . Here we assume that the arrest was illegal as they didn't show any warrant or transit remand (we are not sure though, only you people can say under what condition police can arrest someone from other jurisdiction ). Anyway they told that we are withdrawing the arrest applications given in diff places . Then they took my father to S.P korba on 20th sep evening . There the s.p also said the same thing and told we have not shown anywhere that we have arrested you and took my father's statement. The IO demanded a big money to cancel the FIR which my father denied and to avoid arrest again left that place . On 22nd my father applied for anticipatory bail in h'ble high court of chhatisgarh . After that he returned back to west bengal but a new problem arose . The police team withdrew copy from everywhere but not from the local police station here . Which was unofficially collected by the local management and forwarded to ECL head quarter . Their logic is that according to govt of india employee code of conduct ,if someone is under police custody for more than 24 hrs ( some day 48 and some 72 , we are still not sure ) then they have to face suspension . While my father was never under arrest since he applied for AB and not signed any document by police . Hence this suspension if happens will not be legal . The issue is still under consideration . Fortunately on 8th oct my father was granted anticipatory bail by h'ble high court , which support our claim . Still we need a legal suggestion and some insight to the rules and regulations . If it was not an arrest then why should he be suspended . My father met every management member personally and produced all documents , only tinge is that application in P.S which was collected unofficially and forwarded . Also it's a personal case and no damage is done to the company .
please advice......
Dr. M I Khan
15 October 2009 at 21:51
Whether the meaning of Advice & Referral is same in the eyes of Law? and whether a doctor can be prevented by any Rule for not to give 'Advice' to a patient?
Please give your legal comments as in one of the Judgments of MP High court, the Honble Court has said that the meaning of 'Advice' & 'Referral' is same.
Dr. MI Khan
Chief Orth Surgeon
m gopi
15 October 2009 at 15:51
Dear Legal Experts,
I am Gopi, HR Professional in a Steel Industry. Please clarify the follwoing.
1. Can we bifercate the minimum wages of contract labour in to Basic, HRA, Spl Allowance etc.
2. If so, can we deduct pf only on basic of the contract labour.
treat the matter most urgent.
regards
M GOPI
99895 88029
N.RAMESH
15 October 2009 at 14:31
KINDLY LET ME KNOW THE MAJOR DIFFERENCE BETWEEN ENGAGING A CONTRACT LABOUR AND APPOINTING AN EMPLOYEE
WHAT ARE ALL THE POSITIVE AND NEGATIVE POINTS IN ENGAGING A CONTRACT LABOURER
CAN I ENGAGE A PERSON WITH QUALIFICATION OF BE (MECH) WITH 5 YEARS EXPERIENCE UNDER CONTRACT BASIS
adersh
14 October 2009 at 16:40
Dear Sir,
The State PSC, invites application for a post with a notified qualification (NCVT Certificate). since we are qualified, we applied and attend the test. but the 90% of the candidates attended in the test, didnot have the notified qualification at all. But they have the extremly high qualification, such as Mtech, Mtech etc. PSC without considering the notification, prepare the ranked list. It is because of the diference of intelectula or knowledge level among these 2 groups, the entire qualified as per notification excempted from the ranked list.
so we find the scope to move legally. for that purpose we approach the PSC under Right to Information Act fopr Qualification of candidtes in ranked list. But PSC answers "no qualification detaisl available with them". Since the entire recruitment process is according to qualification etc, it is an irresponsible answer from the side of a Govt Institution. In these circumstances, how can we proceed legally. cab u please guide us with your advice and necessary instructon
thanking you
yours faithfully
for NCVT certificate Holders.
P S JOSHI
14 October 2009 at 12:52
Kindly provide the reported decissions on the above subject
maruthi
13 October 2009 at 21:24
Sir/madam,
My Brother was the permanent employee of KPTCL (Govt. of Karnataka). He died in a accident on 05-10-2006 at the age of 23. He was unmarried. Within a year my another brother applied for a job on Compassionate grounds. KPTCL rejected his request saying brother is not eligible for Compassionate grounds appointment. Later we studied the rules of Govt. of Karnataka on CGA. It denies the appointment to brother. Interestingly, Karnataka is the only state which is having such rules.Whereas Govt. of India, Defence, Maharashtra, AP, MP, Assam, Meghalaya & many other states considering brother/sister of the deceased unmarried employee. Please suggest me how to solve the issue with Govt. of Karnataka.
chandra1
13 October 2009 at 17:38
A special Appeal has been preferred to the High Court against a judgement. Appeal has been admitted and application for staying the order passed by learned single judge has been dismissed. For non compliance of the judgement passed by learned single judge a contempt petition has been filed prior the filing of special appeal. Special Appeal has been pending for long time. Now the contempt proceeding has been deferred till the dicision of the special appeal. whether this order is valid in law now what I should do? Special Appeal is pending for last 9 years.
skg
12 October 2009 at 20:06
Dear legal experts,
Please solve my following queries :
1)what is the maximum time limit which a presiding officer of a labour court can give a party having received a claim from other party for filing his written statement?
2)Can an opposite party file an application of objection against the decision of presiding judge who is giving dates after date on repeated requests of other party on each hearing to file his ws and in this way six months have passed now from first hearing date?
3)Please provide the exact procedures which are followed by labour courts in illegal termination cases/recovery of accumulated dues and the maximum duration defined in law for speedy trials in these termination cases so that the workman who is already in hardship get justice quickly without waiting for long lengthy trial periods of 6 to 8 years?
4)Is there a way in our judicial system where workman cases in labour court can be decided in 1 to 2 years only?
5)If a lawyer fighting a workman's labour case never reached in any hearing from the start of his case and each of the 5 hearing were only attended by the workman, can the workman change this lawyer and ask for the refund of payment he has given to this lawyer?What procedure he has to follow to do so? Whether he can launch a complaint against this lawyer by citing the example that this lawyer never attended a single hearing?
6)Can a workman fight his labour case without hiring a lawyer?
rgds
skg
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compassionate appointment
my father was an employee with p&t audit works department.he died on 14may 2009 while he was on service.he had only 3 months for retiring.me and my elder brother both are unemployed.my name is kept as nominee for compassionate appointment.we do not have any assets or immovable property in our name.whats my chance of getting the job?does the retirement benefits a hindrance for my job?