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Ganesh   04 August 2009 at 10:03

Change of time

In an organisation there is a post of Clerk, some clerks are appointed before 1996 and some after 1996. Clerks appointed before 1996 have 7 hours duty and clerks appointed after 1996 were asked to render duty of 8 hours. Both are in the same pay scale and perform the same work and are at same level. Only the new recruits after 1996 were informed the change by putting the condition in the appointment letter. There are 2 recognised unions in the organisation. One union has filed a Writ Petition in 1998 against this discrepancy.
Now the situation is that the union is not intrested in persuing the matter further and there is no Result from the High Court, Almost 12 years have passed.

What is the remedy available to the employees?

Can individual employees who are not members of any Union file WP for violation of their rights without the help of the Unions.

Will it attract Res Subjudice.
Any other suggestion?

shrigopal sharma   03 August 2009 at 23:42

defination of industry

expemtion from defination of industry u/s 2(j) of ID act that cooperative societies who employees less than 10 employees is not an “INDUSTRY” and not covered under ID act

Is this is notified yet and applicable / available to cooperative societies.

Ranganath   03 August 2009 at 22:54

Pension in case of disciplinary proceedings..

Ld Counsels,

If for an employee of state govt displinary proceedings are taken,
will it always be the case that pension for him will be stopped irrespective of the punishment in the displinary proceedings...

In what circumstances pension will not be granted for an employee who has worked for state dept for more that 10 years.

Pls clarify

nilesh   03 August 2009 at 13:12

money hold by previous employer

I had worked -[3 yrs 11 months] with my last co and resigned on Nov 2008.
we had one salary component, as a part of CTC, which we were suppose to get after every quarter based on your performance. Apr-Jun [08], Jul -Sep [08], Oct-Nov[08] were not released till i resigned comany in nov 08.
Now after 8 months they have done my FnF. what gave me cheque of 29,x x x. they had cut 65, x x x because i had not served 90 days notice. That's fine. But they had not given me that pending quarterly money, which amounts to 95, x x x.
i want to take a legal route for this. What options do i have?

Tanmoy Dutta   01 August 2009 at 11:29

Power of LEO(C) and case of bonus under C.L.(R&A) Act

Q.1. What are the powers of Labour Enforcement Officer (Central). Can he prosecute the occupier on flimsy issues like non-furnishing the father's name of the owner of a contractor, against whom he want to file a case before SDJM?

Q2. Is it mandatory to pay bonus to contract labour by the contractor working in an establishment which is covered under the Contract Labour Central rules?

Mahesh   29 July 2009 at 16:56

Minimum Wages for Private Security

Dear All,

Wish to know that -
1) Whether any statute like Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981 is there in Gujrat.

2)Does any seperate authority exists for regulation of the private security guards employment ?

3)What is the minimum wages applicable to Private Security Guards in Gujrat.

Thanks & regards,

Mahesh

Guest   29 July 2009 at 16:55

evidence

In an industrial dispute, which has come before a labour court by way of reference, one of the issues is,

Whether the union has properly espoused the case or not?

The onus is on the management naturally, as the objection has been raised by the management in their written statement.

The workers filed the original document of the resolution of general body meeting, where it is resolved to raise this industrial dispute.

The management has not called for in writing from the union any document about membership of the signatories of the general body meeting or subscription receipts. Hence, the workers have not filed the same and in the cross examination they could not show any of these documents, when they were asked to show these documents.

Is it wrong on the part of the workers not to show these documents or is it wrong on the part of the management for not demanding for these documents in writing before the start of the evidence.
Who would be got benefited?

SHILPIN D MEHTA   29 July 2009 at 15:26

The Gratuity act 1972

What is ceiling limit for gratuity ? Whether it is 3.50 lakh or 10.00 lakh ? I heard somewhere that in amendment bill 2008 it is enhanced to 10.00 lakh. If it is right than please suggest me the link on the web page where i can find the proof or press release.

Thanks in advance.

Arihant AC   29 July 2009 at 10:10

Prof. Tax

Dear Experts,

Can any body has prof. tax slab for Rajasthan State. Its Urgent

Regds,
NAC

nitin   27 July 2009 at 22:23

qualification before interview

If a candidate who is near to his completion of academicaly qualified for the job at the time of applied to a job but before interview & written test he is qualified than after two month of service if he can be terminated on the basis that at the time of applied to the job he is not qualified & also will not pay his/her salary of two months.
If there is any decided case law regarding this matter.