Raja
25 November 2008 at 14:42
I quit my Indian company of 22 months and have joined a new one out of India.
I had given my full notice period and have received my relieving letter too.
Now, I have the following due from the company:
1. Reimbursements --- partly paid
2. Salary upto last day --- partly paid
3. Bonus --- refusal to pay
4. Paid leave encashments --- refusal to pay
For 1&2 - The company does not respond when it is going to pay the remaining.
For 3&4 - Company policies are cited for not paying the same. The bonus and PLE were due in April'08 but till the time I resigned in Sep'08 the company delayed payments under vague reasons and now they say that to claim the same, you have to be an employee when it becomes due for payment! I have all documents where the payment schedule for bonus and PLE are clearly stated.
After repeated followups and escalations to the MD, I have received part payments for 1&2 but that is less than 40% of what they owe me.
Before filing a court case, can I put pressure on the company in any way? By informing concerned authorities etc?
jayanttelang
19 November 2008 at 22:38
Hi Harbhajansing Ji hello,
once again i would take your help,
my Domestic inquiry is going on for the last 8 months,still my co. is paying me only 50%of my salary,i requested to my inquiry officer for paying me 75%of my salary,
she asked me'under which section of labour/industrial law,subsistence allowance can be increased?'
it is surprising,because she is also a lawyer.looking industrial cases,any way.
can you please tell me about the section of law,my co.is indian Pharmaceutical co.based at Gujrat State,co's HRD is also at Ahmedabad Head Office,i am a Medical Representative based at M.P.
One more thing,co.does not have certified standing orders, regarding this matter i asked to my inquiry officer, she avoided my query,and told me that "standing Orders are not necessary for domestic inquiry" Is it true?
she told me something about new rules given by Supreme Court,is she telling a lie?
Kindly guide me,now what would i do.please reply me as early as possible,thanks
chitragya
19 November 2008 at 13:22
Dear Members,
I am working with a company where PF is not applicable and company has not applied even after 2 years of its operations. The company has its Corporate Office in New Delhi and they do not have any Factory. The manpower of this company is according to the PF applicablity is over and above 20 since starting it process.
The directors are not interested to introduce PF in the orgn. so Nobody has taken interest to introduce the same.
But I joined this organisation and observed that the PF should be applicable and anytime PF enforcement team can come and see our records. However, the company have employees whose salaries are more than the limit of PF.
May any members advise me how can I go about it.
The matter is urgent pls rush.......
Regards,
Chitragya
Murugesh
19 November 2008 at 10:43
Dear Sirs,
We have a new project in Kerala and we engaged EPC contract. our manpower is only management staffs like Engineers, Senor Engineers managers etc( not workers or labours). Since it is a on site job our normal working hours are 10+1.
As per labour law 8 hours daily working time and 50 hrs OT for a month is applicable ( as per my knowledge ). But in our case it may go more if we will keep daily working hours as 8 hrs. we are ready to pay more money to staff if they worked more hours. But my question is " the rule of 50 hr OT per month". In our past case many time the OT hrs exceed 50 hrs. Also we dont want to increase manpower instead of giving OT. If the staffs agreed to work for 10 hrs per day, is it possible? please clarify.
Associate R
17 November 2008 at 10:09
One of the workman has filed a complaint of unfair labour practice under Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practices in the Labour Court against an individual (owner) and has not made his firm or company a party Respondent in the complaint. Please advise whether the complaint against an individual owner is maintainable and whether the Court has jurisdiction to entertain and try the complaint?
siddhartha shankar Mahapatra
16 November 2008 at 22:02
. A driver died in accident while driving the vehicle. His dependants filed case for compensation under section 166 of Motor vehcile Act in Motor accident claim tribunal. Later they withdrew the case from tribunal with permission of tribunal and filed workmen compensation case What is the limitation period for filing a case for compensation on death of workmen.Whether there is any exmeption/exclusion of period pursuing the lis in a court?
jayanttelang
15 November 2008 at 21:23
Dear Harbhajansingh Ji,Hello
Once again i would like to have your guidence.
still my domestic inquiry is going on for the last eight months,i requisted to my inquiry officer for providing me 75% of my salary(still i heve been getting ony 50% of my salary.)
Inquiry officer asked me 'under which section of ID Act/Labour Act,subsistence allowance can be increased? please provide me all the details about this act',it is surprised, because she(Inquiry officer)is also a lawyer of industrial court,
can you please tell me about the section,
my company is Ahmedabad based Indian Pharmaceutical company and i am a Medical Representative in M.P. State.
One more thing, my company does not have certified/formal standing orders,i asked to my inquiry officer, regarding this matter,but she refused to reply and told me that it is not necessary for domestic inquiry,she told about some new rules which are given by Supreme court,is it true?
Please guide me and send your reply as eary as possible.
thanks.
rkchopra
14 November 2008 at 13:31
IFCI (having its registered office at 61,Nehru Place ,New Delhi-110 019),a Public Financial Institution, originally established as a statutory corporation by an Act of Parliament in 1948(15 of 1948) and the first Government Institution converted into a company at the threshold of liberalization by another Act of Parliament i.e. The Industrial Finance Corporation (Transfer of Undertaking and Repeal) Act,1993, No 23 of 1993 is for all practical purposes an instrument of the Government Of India(GOI has recently directly extended IFCI loans/grants amounting to more than Rs. 5000 crores spreading over 2002/03 -2010/11)
The Section 8 of the above said Repeal Act explicitly protects the service conditions of the employees. The position was reaffirmed by the then Honorable Finance Minister of India on the floor of Lok Sabha on 3rd July, 1998 in reply to an Unstarred Question No 2786
Now IFCI in gross violation of three decades old policy of following Industrial Development Bank of India (IDBI) in relation to pay scales, pension and other service conditions, by shifting the cut-off date of revision of pay scales, has deliberately denied its 286 retirees their revised due pension, outstanding wages, medical and other related benefits.
Under the circumstances and based on above facts, what VRS optees (who are mostly senior citizens) can do so that they can get releif in a shortest period without incurring much expenditure.
How much time it will take in decion by High Court?
Management after decision may appeal in Supreme Court that will also consume much time by that time most of retirees would be in Heaven.
Is it possible to file PIL in Supreme Court or any other legal way in which decision can be taken in 2/3 months.
The Supreme Court in case No 395/2008 (writ petition civil)has decided to look into the alleged discrimination between pensioners who retired from public sector banks between1987-97 and those who did so after 1998.
Perusing the PIL filed by an aggrieved employee of one such bank, E K Varghese, the Bench of Chief Justice K G Balakrishnan on Thursday sought the response of the Finance Ministry and the All-India Bank Employees Association.
The PIL, filed through advocate N R Shonker, claims that those who retired before 1998 were denied the benefit of revision of pension. The petitioner urged the Court to declare that denying revision of pension benefits to pre-1998 pensioners while granting them to post-1998 retirees was arbitrary and illegal and in violation of Article 14 of the Constitution.
Varghese has also alleged that there are considerable anomalies in the pension payment made to retired employees of public sector banks and those who retired from other government services.
His petition stated that when the Central or state governments extend an increased dearness allowance to their employees, the same is extended to their pensioners as well. However, in the banking sector, even though the DA is revised for working employees on a quarterly basis, it is revised only half-yearly for pensioners. This, he again alleged is arbitrary and violates the Constitution.
Can somebody give reference / Contact Nos of Mr. N R Shonkar who can be approached by retirees for making a party to the case
Pl also advise the definition of back wages with supportive judgements if any
nathan
13 November 2008 at 20:41
I was asked to leave/start treat me badly, hence left the company. Now I have not received the leave encashment. When I asked I was told the as per company policy no leave encashment.
Company which I worked did have any policy or any system, not even they do not proper attendance.
In this scenario can claim my PL encashment legally. If there is any rule or section which I can mention while writing for the same
regards
nathan
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CONTRACT LABOUR REGULATION & ABOLITION ACT, 1970
Please refer to the definition of "Appropriate Government " under CLR&A Act 1970.
Can any of the learned lawyer throw some light regrding who would be the "Appropriate Government" under CLR&A Act for Central Public Sector Undertakings, i.e Central govt. or state govt.References in this regard may be made to the Judgement of Hon'ble Supreme Court of India in SAIL and HAL cases.
It is pertinent to mention that in the State of Chhattisgarh, CG IR Act is applicable in palce of ID Act.