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s k majumdar   16 September 2009 at 13:49

checklist

Dear sir

need to have a check list of salient provisions of various Acts such as various labour laws(factories act, ESIC act), sales tax, excise duty,PF act etc.May i request u to have the same.
Thanx and regards
s.k.majumdar
Asst.Manager(Internal audit)
riven

Shaukat   16 September 2009 at 13:28

Stopping raise in Basic Pay

Dear All ,
I'm working in school since last 33yrs as an accountant , since last 9 yrs the management has stopped giving raise in my basic pay i get salary hike but as other allowance, hence i'm deprieved from the benefits of Provident fund which is deducted on basic pay and will also affect my grauity payment when i leave the organisation . Can anyone help me in this regard whether legally its correct to stop giving raise in basic pay ,if not then pls quote me the law reference etc or name of the Lawyer whom i can approach in the matter.
Thanks a lot , awaiting for an early response
riven

MS Moorthy   16 September 2009 at 10:23

Employee quitting in disragard of Notice period

Dear Expert,

WE have conducted a specilized 2 year training with experts from foreign universities as faculty & certification by the foreign university which is also recognized a reputed university of India as a post graduate programme. On completion of said training course the employees are expected to serve us as faculty to take forward our local training programmes.Though we have not bound them by any bond / Agreement for minimum service to be rendered, the only clause in their offer letter is the Notice period of 2 months by either side. But its a matter of understanding & trust they serve us atlease for 2 years.If an employee is leaving us even without giving the Notice period also, what are the remedies available to the Institute.riven

Murali dhar   15 September 2009 at 20:06

Medical Leave

If a person working in centeal govt of india could not apply for medical leave as per the procedure but was able to intimate his higher officers in between due to temporary loss of memory. What is the procedure to be followed after full tratment by the doctor.riven

Muntazir e qanoon   15 September 2009 at 19:51

Discriminetion by employer for promotion

Dear sir,1)If a multistate organization denied promotion or given conditional promotion( to take outstation posting)to those staff who have good marks (90 and above marks)and given promotion to the staff who got less marks(less than 40 marks) and posted at mumbai or choice of theirs.because they are nearer and dearer of the chairman and director the jr.officer exam were held somewhere in year 2002-03.2)so many staff who have completed more than 5 years not promoted yet from jr.officer to sr. Officer as per policy while some of chairman and director 's special men got promotion in 3 years only while in jr.officers exam they got very less marks.this discrimination will justified if not than what staff can do individualy because union is puppet of management.which law and act will apply if any staff will file a suit against bank how much time the court will take to finalise the matter.is there any govt authority where staff can complaint against this injustification.if possible please give refarence of any court's judgement.your reply is eagerly waiting and highly appreciatedriven

chandranil S Belvlakar   15 September 2009 at 10:53

Compliances for sub contractor under contract labour Act

Dear Friends,

What are the compliances required to be done by sub contractor under contract labour Act,1970 as his registration is optional will it be beneficial for contractor if sub contractor gets licenceriven

Raj Kumar Makkad   14 September 2009 at 21:37

Dismissal in probation period

A was working in an un-aided school affiliated with CBSE. As per appointment letter, he had to complete his probation period on 31.03.2009 and it was also spefically written in that letter that on successful completion of his probation, he shall be confirmed. A term was also therein which provided that if either of the party wants to relinquish the job, one month notice/notice pay is mandatory. A was suddenly provided a letter intimating him that as per terms of appointment, he is being releived on 31.03.2009. A filed a civil suit for injunction and a stay was also granted in his favour on 29.03.2009 vide which respondent management was directed not to relieve him till next date of hearing but despite of this A was releived on 31.03.2009.

Contemp of court petition is pending. Suit was also amended and dismissal was challenged.

My quarry is:

1. whether the court can re-instate A with all terminal benefits in service even if impugned order is found illegal?

2. Is a contract of service in private unaided recognised school is not enforceable, if yes, any citation?

3. Whether knowledge to counsel of the party is not sufficient to establish that the respondents were in the knowledge of the court order?

4. Whether admission of some of the facts by respondents either in written statement or in their evidence is needed to be proved by plaintiff?riven

rahul pandey   14 September 2009 at 14:09

labour law

can permanent employees be replaced by contract labours?riven

PRABHAT KUMAR SINGH   12 September 2009 at 13:36

COURT OF DEPUTY LABOUR COMMISSIONER ENTERTAIN THE CASE U/S26

Dear Sir/Madam
I am worked in karvy stock broking more than 15 months and suddenly he will verbely terminiate me without any reasons & any notice and also stopped my two months salary. I move to Deputy Labour Commissioner court and file a case against Karvy U/S 26 for illegal termination & U/S 28 for my due salary.
But opposite party file a that The government had notified vide Notification No. II/ S6-1031-73 L&E 1650 dated 28-06-1973 as the presiding officer, Labour Court to be the competent court for entetaining the petition U/s 26 & 28 of Jharkhand Shops and Establishment Act. Suggest me to that Court of Deputy Labour Commissioner cannot entertaint this case if yes send me the details about that.

Thanks & Regards
Prabhat Kumar Singhriven

tapas banerjee   12 September 2009 at 11:47

leave and others

Sir
I am a medical technologist(x-ray) and employed in a reputed medical college and hospital in Kolkata.
I work in emergency X-ray department for more than 3 yrs without any substaff or group D staff in my deptt. My working schedule is 24 hrs in a week that is 6 hrs per day and and two off days of the week. It is very nice.
But the problem is I never get any CL or CCL and if I need it. I have to arrange myself i.e. I have to appeal my colleagues if they are kind enough to do my job then I shall avail a CL but in the next week I have to do his schedule job. But if they dont agree I will not get that leave. The head of the department sheds off his responsibility and never any arrangement for alternative. So on every govt holiday (if those don't fall on my off days) I have to join my duty. Even I can't attain any social funtions like marriage ceremony puja holidays. Even all the public holidays like republic day, indipendence day, christmas day etc I have to join these days.Though a residential staff is there he does his schedule job that is 18 hrs at a time in a week.Means Once in a week. If I do my job on the public holiday I never get any CCL.
In the department only I do my job 4 days in a week means 52*4=208 days in a year whereas my other colleagues does 24 hrs in a week at a stretch that is 52 days in a year.But salary is remains same.
As it is a single man department if i want to take earn leave I have to beg others if they put consent sign then I can enjoy but they harass me so much that i feel em brass to approach them. Now position is just like a daily wage earner.I never get a full fledge leave. Even I will not get a holiday on Dashami though there is DEVI DURGA is worshiped in our own house.On that day I have to join my duty.
Now my q is how can I overcome this problem..a senior govt employee will do such job day after day. Can't I follow or worship my religious work? I cant bear such mental pressure. Can I approach human rights commission to solve the problem?
For your information except leave there is no problem in the job. Sometimes I think myself a slave who have no entertainment and do your job regularly without any fault. My another q is what is the status of the residential employee.
I will remain ever grateful to you if learned lawyer show my the right path.
My mail id is tarkabando@gmail.com
With regards
Tapas banerjeeriven