LCI Learning
New LIVE Course: Toxicology and Law. Batch begins 21st July. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Arihant AC   09 January 2009 at 09:53

Exemption in Grautity Act 1972

Dear Experts,

One Trust Hospital has applied for exemption under Grautity Act 1972 as the said Hospital is running on Grant of Gujarat Government.that means 50% of Exps. passed by Gujarat Government & 40% is collected by donation for Trust while 10% is collection of money as a token charge collected from patient? The hospital has received the letter from Gujarat Governmentwhich stated that
" as per exemption under Grautity Act 1972 please follow rules as per grautity act 1972."

Sir may i know the Section under which said Hospital can get exemption sa the Hospital is running on no profit making business. Its just to help poor people in village who cannot exp. more after medical treatment ?

Thanks


parag s gandhi   08 January 2009 at 19:02

Paid holiday

Dear Sirs

My query is that if any declared paid holiday falls on the day of weekly off, and the routine practice is that weekly off is not paid, i.e. wages are paid for 26 days only. Than whether extra wages i.e. 26 +1 day for weekly off needs to be paid or not. Normally the practice of making extra payment was being followed when any paid holiday fell on some weekly off day. However in light of the current market condition, we wish to reconsider our stand. Kindly give your valuable comments.

V V SATYANARAYANA   08 January 2009 at 16:28

Registration under Factories Act.

Sirs,
I have got contract in April'07 from the mini steel plant for producing a small item. The owner has allotted me an area for doing this job by way of lease. Since I could not mobilise the resources, I have sub contracted the job to 'X'. 'X' has made constructed the manufacturing facility and doing the manufacturing the item. "X" is employing more than 100 employees.

I can not sub-lease the premises to 'X' for taking registration under Factories Act.

Since already considerable period of time lapsed, kindly guide me how to get the premises registered under Factories Act, with penalties if any.

Learned friends are requested to guide.

ooviya   08 January 2009 at 10:55

payment of bonus act

the employee -security guards who draw a salary of Rs. 5000/- a month (CTC). After deductions, the take home pay is approximately Rs. 3600/- which is quite low. the employer intend paying off the annual component of bonus every month along with the salary.

What are the statutory repercussions of monthly payoff ?

Are the employer violating any provisions of the Payment of Bonus Act ?

If so, how ?

If not, are the employer liable to pay annual bonus in addition to monthly bonus.

extend opinion on the above issue.

PBS KUMAR   05 January 2009 at 12:58

Cessation Agreement before relieving the Employment

Dear Senior Friends,

Thanks for your response. But is there any format while releaving an executive, some how we have to execute an agreement stating that 'NOT TO DISCLOUSE AND TRADE SECREATS AND OUTSTANDING DUES FROM VARIOUS CLAINTS', because a top executive who has resigned from the service but he has responsible for the outstanding dues from the various claints (delars) the sudden relieving is very difficult since the claints are knowing them very well. At that situation what kind of action we have to take. The management is ready to releave him. In that situation is there any 'cessation agreement' ? if so please send the draft copy.

Regards,

PBS KUMAR

Arihant AC   03 January 2009 at 19:05

Whether ESIC is Applicable ?

Respected Experts,

I want to know that whether Pathalogical Laboratory are coverable under ESIC Act 1948 or not?

Please Reply soon

Regards
NAC

advocate satya   03 January 2009 at 13:21

res judicata

sir
one matter was sub judice before the labour court, the employee even after getting ample opportunity has not given evidence, the court dismissed his matter, after four months he again filed the same petion before labour commissionr stating i was not aware of the date hence my petition was dismissed, so again his petition should be entertained, the commissioner issued notice to the respondent employer, the question is can he give a fresh petition on same ground when it is once dismissed?'
do the priciple of res judicata would not attract? and what about the time barred applicability?
any citation for the same?

seshachala   03 January 2009 at 09:36

employee provident fund

please tell us is basic wages on which the epf is calculated is to be the minimum wages of the state or is it to be 60% of the gross salary. Is there any statuatory guide lines or any case laws stating that the basic wages must be not less than the minumum wages.

Ashwani   02 January 2009 at 16:41

Query regarding Sickness Leaves

Dear Sir/Madam,
One of my friends is working with a software MNC in India. Recently his company has made a policy stating that there will be "no Sick leaves" now onwards.
Is it legitimate according to indian labour laws? If no, then what can be done against such a sudden abandonment of the sick leaves by the company.

Regards,
Ashwani

seshachala   02 January 2009 at 14:56

provident basic wages

please tell us is it mandatory for the pf basic wages to be the minimum wages of the state or the basic wages to be 60% of the gross salary while computing the employee provident fund contributions