Manish
19 August 2008 at 17:28
I was supposed to join a company for which I signed a bond of Rs 1 lakh. I gave them a cheque for it, which they said was just for a formality (Bond was effective from the date of joining). 10 days before joining, I got an offer from a different company and joined them. I informed the previous company 1 week before my joining date about it through Email and Fax. I also spoke to their HR head on it.
After that I asked my bank to cancel the cheque I gave them. There was no communication after that from that organisation.
Suddenly after 6 month, I got a legal notice from that organisation regarding the dishonour of cheque. I called them up and asked for the reason for sending it when the Bond was not effective as I did not joined. But they did not listen. After that I got a legal summon which I could not receive as I was out of station that time. So it went back without receiving.
Please tell me do I really need to take this seriously and if yes, what should be my course of action.
I really do not want to get into legal issues as my job requires lot of travelling. Can I keep on ignoring the notices they send? Please advice.
Srinivas
19 August 2008 at 17:06
Dear all,
can you pls suggest me about the following:
1. what is the number of days of leave that we have to give for women employees under maternity benefit act?
2. Should we have to pay full salary for the period?
3. I understand law recommends 12 weeks leave and if the person is still not fit and if receommeded by their doctor for further rest, then, the leave can be extended for 1 more month(3 months + 1 month). Under this case, should the company pay salary for the fourth month and give leave under maternity benefit?
Hope to receive your response on this.
Regards,
Srinivas
Balaram
18 August 2008 at 13:25
Dear Mr. Manish,
One of my senior told me that its not applicable to NOn-Govt employees and also to AP Shops & Estbalishment.
Could you help me to findout exactly whether its applicable to companies, forms, shops under AP Shops & Establishment Act ? Can i get any detailed reference / proof / Act / Amendment ? Can you help me to get it for us if its applicable ?
vinod bansal
15 August 2008 at 20:38
Sir
I am in need of minimum wages act,plz provide if possible...Thanks
Regards
Vinod Bansal advocate
vandana
14 August 2008 at 12:31
1. Has the industrial disputes (amendment) bill, 2002 been passed and if yes, when has the change in definition of workman come into effect?
FYI-Section 2(s) defines a workman. Earlier the definition of a workman excluded any person employed in a supervisory capacity drawing wages more than Rs 1600 per month (Section 2(s)(iv)). The bill seeks to remove this ceiling on wages in the definition, thus bringing all workmen employed in a supervisory capacity under the purview of the act, regardless of their wages.
2. I’m a victim of a forced resignation and wish to file a criminal suit against the management for their unfair labour practices as u/s 2 sub-section (ra) of the Act. Kindly advise me on the procedure and forum to be approached for redressal? i.e. do I file a complaint at the labour office or at the police station or directly at the magistrate court?
FYI- FIFTH SCHEDULE - UNFAIR LABOUR PRACTICES [See section 2(ra)]
I - On the part of employers
5. To discharge or dismiss workmen - (a) by way of victimization (FORCED RESIGNATION)
Gurumourthi
13 August 2008 at 15:39
In our company as per the order the retirement age is 58 years. If the employee is given extension for another 2 years say upto 60 years, then whether he can continue as member of Provident Fund (payable both employee and employer contribution) and Gratuity.
Chandan Garg
13 August 2008 at 10:09
Please tell if in an industry ESI is applicable does that mean workman compensation act is not applicable.
shantilal k. patel
11 August 2008 at 15:22
Dear Friends,
Claim of Gratuity must be made in the
form prescribed under the Payment of
of Gratuity Act or a simple letter
from the employee to the employer for
gratuity amount will be sufficient.
In my case I caimed gruity amount sending
a simple letter in 1999 to the firm.The firm replied stating to meet the Manager of
the employer. I met the Manager but
there is no proof of my meeting. He told that the matter is under consideration and since there is a change in the constitution of the firm it will take sometime. Ultimately they told orally that it is time barred. I was thereafter, requesting for the Gratuity amount orally. Ultimately I approach the controlling authority in 2005.
After hearing me controlling authority condoned the delay and now there is a new
Ass.Commissioner who has to pass the order on marit.
My question is
Delay is condoned so the order has to
be with interest @ 10% interest. Or the
Asst Commissioner can pass order without
Interest also?
The delay was for about 7 years but it
is condoned. Whether in appeal it can be
reversed and case can be dismiss?
S.k.PATEL
shantilal k. patel
11 August 2008 at 15:20
Dear Friends,
Claim of Gratuity must be made in the
form prescribed under the Payment of
of Gratuity Act or a simple letter
from the employee to the employer for
gratuity amount will be sufficient.
In my case I caimed gruity amount sending
a simple letter in 1999 to the firm.The firm replied stating to meet the Manager of
the employer. I met the Manager but
there is no proof of my meeting. He told that the matter is under consideration and since there is a change in the constitution of the firm it will take sometime. Ultimately they told orally that it is time barred. I was thereafter, requesting for the Gratuity amount orally. Ultimately I approach the controlling authority in 2005.
After hearing me controlling authority condoned the delay and now there is a new
Ass.Commissioner who has to pass the order on marit.
My question is
Delay is condoned so the order has to
be with interest @ 10% interest. Or the
Asst Commissioner can pass order without
Interest also?
The delay was for about 7 years but it
is condoned. Whether in appeal it can be
reversed and case can be dismiss?
S.k.PATEL
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procedure of forwarding matter when concilation fails
sir
a labour matter had been filed before the labour commisioner, the concilation fails , the labour commissioner holding the file and not forwarding to court stating it will be filed in one and half year, what is the procedure? what is the remedy for it and what the commisioner is stating is it correct and under which section?