Anil Akuri
21 December 2008 at 21:13
I would like to bring the following case to your notice. Please let me know your views and suggestions on how to get company support on this issue.
A friend of mine is working with EDS (now it is a HP Company) from December ‘2006 in Chennai location. In the month of June 2007 he found that his Kidneys were infected and advised by Doctors that he should take treatment immediately to become normal then he immediately informed his reporting manager his health condition and got his approval to go for treatment thereafter he conducted his treatment for four to five months and found that he should go for Kidney Transplantation to survive his life. In that four months duration he got his monthly salary from EDS for a couple of months one day his manager called him and said that EDS will not be able to pay salary for more than 2 months but long medical leave is allowed with out compensation till he recovers for which my friend was ok. After sometime he was trying to reach his manager to find out the process of claiming the medical bills as he badly wanted some money to continue his treatment but his manager was trying to avoid his calls somehow my friend finally reached one of the HR Person of EDS and understood that his manager informed HR team that my friend was absconding from his duties which was a shocking news for my friend. He explained the whole thing and his health condition to the HR person then she realized the situation and agreed to settle his bills. When he was trying to contact the HR Person again for settling the bills he understood that a new person replaced that position and the new person gave a feedback that he is not in EDS Payroll at all after hearing these words he couldn’t understand what to do at the same time his health condition was also deteriorating day by day so he concentrated more on his treatment and got operated for transplantation in the month of May 2008 after the operation also he faced lot of problem to become normal now he is ok. He tried reaching many times the HR Team of EDS recently for claiming his bills but there is no response from any of the HR Person, now he doesn’t know what to do.
He just informed his manager orally and got his approval then went for treatment but didn’t have any written communication on his leave / leave approval.
He didn’t get any notice letter from EDS claiming that he is absconding from his duties.
Please provide your valuable suggestions in handling this issue.
Thanks,
Anil
Vikas Kr. Sinha
21 December 2008 at 10:49
Hi friends,
I am in need of a decision of High/S.C in the follwing subject:
Postal Peons who wrote "Refusal Note" on the envelop of a registered notice issued by the court, is not required to be examined as a witness. Only the remark "Refusal" is sufficient for the purpose of proving the fact that the party refused to accept the notice.
Vikas
vinod bansal
20 December 2008 at 18:12
Sir plz send me some citation regarding payment of as per minimum wages act.in fact i was unlicenced contractor for a piecework in hafed Haryana & later on 51 labourer filed a complaint under MW Act claiming payment of remaining amount.Any claimant labourer has never done work with me there is no any documentary proof of their working with me,they has filed a false case against me,plz send me some favourable citations...Thanks
Arihant AC
19 December 2008 at 17:42
Hi everybody,
I want Judgement of High Court & Supreme Court V/s. Sugar Factory under section 7A matter & 14B/7Q.
Its Urgent
Regards,
Nehal
Keshav Kumar Saxena
18 December 2008 at 18:43
Dear Sir,
Kindly tell me whether a limited company newly incorporated as per company act 1956 and having more than 500 employees should provide bonus ?
Jaydeep Kurup
18 December 2008 at 14:03
A company wants to keep its factory closed due to scarcity of work. An agreement has been entered with the union for 50% wages.
Does this amount to lay off ?
Whether permision of labour inspector will be required (inspite of an agreement) ?
Kindly advise.
Kiran Waikar
18 December 2008 at 10:38
In a compensation matter, the Hon'ble Court was pleased to pass orders granting compensation amount and kept it in Fixed Deposit in the name of minor child and the matter got disposed off in 2000. This matter was represented by an Advocate earlier. Now the F.D. got matured and the minor child has also become major and wants to withdraw the amount. For this purpose now the client has engaged another Advocate. Now the Hon'ble Court has rasied a query that the Applicants need to be identified by earlier Advocate & take his NOC. As far as my knowledge is concerned, when the matter got disposed off, the role of earlier Advocate ceases and there is no need to take NOC simply for withdrawal of amount on maturity of FD. I will be obliged if any one provide me the relevant judgments related to the same and please guide in the matter.
m.v.prabhakar
18 December 2008 at 10:06
Sir,
1.Can you pl. tell under what situation the review DPC is permitted along with CAT/HC/SC judgements.
2.Can a review DPC is possible when an applicant was considered as /deemed to be suspended on the date of original DPC which was revocked subsequently with retrospective effect (earlier to original DPC date). What remedy is available.
3.Sealed cover was opened after two years of DPC result and regular promotion was given with a rider that in the event the promotee punished under crimial proceedings the promotee will be reverted back.
My qurry is
If the candidate (refered in 2 above) is called and selected in the subsequrnt DPC for the next grade (result is kept in the sealed cover) can he be promoted with the similar terms.
Kindly give you expert advise supported with some case laws.
All the above three questions are relating to the same person.
Regards
CA Prabhakar
Aditya Mudgal
16 December 2008 at 20:08
Dear Experts,
There is a slight confusion in my head with regard to salesmen who go out into the market to take orders from wholesalers and retailers in non-pharmaceutical sectors.. Since the May and Baker India Ltd. v. Their Workmen decision, sales promotion employees were held not to be workmen under the ID Act, 1947. Subsequently, the Sales Promotion Employees (conditions of service) Act, 1976 was enacted. Under the said Act, Section 6 (2), medical representatives were brought within the purview of the ID Act, 1947. However, the question as to the nature of non-medical sales promotion employees from industries not yet notified by the govt. under the Act remains. They are not 'workmen' under the ID Act since they do not come within the scope of manual, skilled, unskilled, technical, operational, clerical or supervisory work for hire or reward, and if they have performed any of such work then it is not part of their main avocation as sales representative... Kindly Reconcile..
Thanks a lot..
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