Here is an Company having manufacturing units spread over throughout India.The organisation srtucture is that in the Apex, Corporate office. 4 Complexes named A,B,C,&D comprises of certain different units reporting to Corporate. Delegation of Power of the Company, the Appointing Authority for an Asst Engineer is the General Manger of the Unit and that of a Manager is the Director, who heads the Complex. In one case an employee was selected under the special drive of recruitment for ST candidates as an Asst. Engineer by Complex A . He was posted to Complex B. Appontment letter was conditional i.e. subject to varification of caste.Over a period of time the employee got promoted and now he is a Manager in Xomplex B. Appropriate Authority informed that the caste claimed by the employee is not ST. His services are to be terminated as per the appointment letter.The Qurryis who will be the authority ? Director of the Complex A from where the appointment letter released or Director of Complex B where he is working now as a Manager or the General Manager of Complex A ? Principle of " Appointing Authority can onlr terminate" is to be followed.
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s k majumdar
16 September 2009 at 13:49
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)
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Shaukat
16 September 2009 at 13:28
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
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MS Moorthy
16 September 2009 at 10:23
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
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
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
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
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
can permanent employees be replaced by contract labours?riven
Conciliation
I have a querry. Can conciliation proceedings under section 12 of the Industrial Act 1947 can be initiated on the basis of a notice served under section 19(2) of the said Act i.e., intention to terminate a settlement where the period of operation is not specified?
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