CA Manmohan
03 October 2009 at 12:06
WE HAD TWO UNITS OPERATING UNDER THE SAME NAME. ONE OF THE UNITS LOCATED IN HARYANA WAS CLOSED AND THE WORKERS RAISED DISPUTE BY NOT ACCEPTING THE COMPENSATION OFFERED TO THEM. FOUR OF THE WORKERS MANAGED TO GET THE AWARD EXPARTE IN THEIR FAVOUR FOR CONTINUITY OF SERVICE WITH BACK WAGES. WHILE THE REST PURSUED THE CASE AT THE INDUSTRIAL TRIBUNAL. WE MANAGED TO SETTLE THE DISPUTE BY PAYING THE WORKERS INCLUDING THREE OF THE WORKERS WHO HAD EXPARTE AWARD IN THEIR FAVOUR. THIS WAS DONE IN THE INDUSTRIAL TRIBUNAL ITSELF. ALL THE WORKERS ACCEPTED THE COMPENSATION AND RELENQUISHED ALL THEIR RIGHTS. BUT ONE WORKER WHO HAS AWARD IN HIS FAVOUR HAS APPROACHED THE INDUSTRIAL TRIBUNAL FOR COMPUTATION OF BACKWAGES TILL DATE INCLUDING THE BENEFITS WHICH WERE AVAILABLE WHILE THE UNIT WAS FUNCTIONING? IS THIS CLAIM TENABLE?
anshul sangal
03 October 2009 at 08:50
Sir what is the scope of labour law as a career point of view in private company for law graduate?
muthukumar
01 October 2009 at 19:44
Sirs,
my father was working at tamilnadu electricty board and now he was retirned from the service from 2005. During his service period from 1978, he had taken medical leave from the year 1988 to 1995. After that he has approached the concerned authorities to join, they have refused him for a period of eight years. Finally, he has got the job by the order of the High court and he has joined the duty at 2003 and gets retired at 2005.
The e.b.board has calculated his service from the period 1978 to 1988 and 2003 to 2005 and given a pension of Rs.2000/- which is very low. They can caculate the period of service from 1988 to 1995 as delay in service and 1995 to 2003 as loss of pay and they could not calculate pension for such period. The negligence is in the part of e.b., because they have not given the job at the correct period.
so, kindly give me an advice in this regard.
Thanking all.
Yash Pal Ahuja
30 September 2009 at 20:47
Whether a death of an I.P. due to heart attack during the course of employment is an employment injury under the esi act. Please also provide the latest judgements in the matter.
Suresh C Mishra
30 September 2009 at 19:40
All the friends are invited to comment on the issue of compliance of the Minimum Wages ACt in State of UP.
1- who is the appropriate authotity to hear the cases arises out of section 12 and 13 and 14 of the act?
2- The notification of SG OF UP in this respects does not say that the case of S 12 are covered by this G O. /
3.Whether the Assistant Labour Commisisoner are Competent Authority or Not to hear the case.
4. if not then how compliance of provisions of the ACt is possible ?
PL participate in this debate with all the material < Notification , or with the cited judgements where this matter is taken up and facts of jurisdiction as competent authority has bee dealt with . thank in advance
R k PADHI
30 September 2009 at 19:06
Sir,
I have been selected for the post of Scientific Officer in a central govt. department in nov-2007 after written and a interview test. some in the selected list have already got their appointment.Two candidate immediate junior to me also got their appointment. Now the department is telling that my case is pending as there is no vacancy right now and appointment letter will be issued when any vacancy arises. Kindly guide with legal provisions.
chandra1
30 September 2009 at 09:54
A judgement passed in w.p.no 7571/2005 is being enclosed herewith kindly advised me whether the services of the petitioner can be regularised. A special Appeal has been preferred agaist the judgement and the application of intrim relief of the state has been rejected.
Suresh C Mishra
29 September 2009 at 19:57
The direction issued by the Payment of wages Act Authority / DLC Lucknow u/s 15(2) but the employer has not compiled the said direction, Whether issuing a recovery certificate to the District Magistrate Lucknow is legal ?
Can a District Magistrate recover wages as fine?
Whether the District Magistrate is a Magistrate as required under this section? All this one has confused me please suggest me the correct position of law ? So that I can put my case properly.
Ajay Kumar
29 September 2009 at 13:13
Dear Sir/s,
Can I get any help and assiatance to address the issue of my company not paying salaries and expenses for the last five months? If so, kindly advice what should I do so that I can send the detailed account of events.
With kind regards
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difference b/w regularisation and reinstatement
In an industrial dispute before labour court Lko the LC has decided the case of daily wager who has completed more than one year of conitunuty of service with Mandi Parishad Lucknow The Mandi Parishad has opposed the reference on the basis that the the services of the workman were in a project and he is not entitled for the benefit of section 6 N of UPID Act , 1947
The Labour Court after evidence of the workman closed the case on the basis of a Case with regard to the regularisation of the same department which was based on the case of UMA Devi ( Supra ) holding that the appointment of the daily wager was not in accordance with the due procedure and there fore he is not entitled for any relief . I have decided to move in HC Lko and I have drafted a WP which is attached Please comemnt and suggest me what other to add to succeed in the matter