Labour & Service Law queries [1067]

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vijay shitole 01 June 2008 at 23:06

Legal action & 18 % interest on due recovery amount

Dear Sir,

I have quit US MNC and have joined another company on 12th Feb 08.My notice period was 3 months but i could give only 21 days notice. However I am willing to pay recovery on account of notice pay whichever falls due.

Two weeks back I recd call from DY Manager HR of my company that I owe approx 9000 to the company and requires to be paid ASAP and my PF/Superannuation settlement is held up for the same.

I apprised her of delay in settlement and requested her to send the statement of recovery. However instead of sending the statement she has sent me a reminding letter to pay up the dues or pay 18 percent interest on the amount till date of recovery / face legal action.

There was no such clause in my contract terms with regard to interest payable or legal action for failure to pay up the recovery.
I am willing to pay but such attitude has hurt a lot to me.

May I request you to educate whether there in any provision in employment law regarding 18 percent interest and/or legal action //My relieving letter and experience letter is also not issued.
I was duly relived from the company.

Please advise ASAP whether I can take any legal recourse for this injustice meted to me.

Best regards
Vijay Shitole
Mobile 9820929247

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Ajitabh 01 June 2008 at 22:30

Is Bond legal in India?

Hi, I was employed in an Indian software company which made me sign a bond to serve them for 2 years or a penalty of some variable amounts is to be paid to them to get Relieving/ Experience letter.

Can u plz let me know if bonded labour is legal in India.

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Anil 01 June 2008 at 16:03

Karnataka Profession Tax Rules

Dear Sir / Madam,

Please mail me a copy of KARNATAKA Profession Tax rules to my email id : nkanil@rediffmail.com.I could not find the file pertaining to above in Share
Files section.

Alternatively please give me the website link to the said Rules. I could not find it in the website www.karnataka.nic.in

Thanks

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BRAJENDRA SINGH 01 June 2008 at 15:45

obeying of G.O.'s(Government Orders) by Bureaucrates.

Famous Case of Union of India v. Azadi Bachao Andolan [2003] 132 Taxman 373/263 ITR 706 (SC).is indicative of the
Binding nature of notifications and circulars even upon Bureaucrates.

I would be highly obliged in case copy of the judgement is sent to me.

Thanking you in anticipation.

BRAJENDRA SINGH

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Abhimanyu Soni 31 May 2008 at 14:06

Minimum Wages Act

Hi all

Can any one give me the description regarding Min. Wages applicable for graduates and under graduates for Delhi and Mumbai.

Kindly mention where it is mentioned in the respective act and rules made there under.

Thanks and Regards

Abhimanyu soni

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manish 30 May 2008 at 13:03

employment of provate security agencies

Dear members

I am working in a PSU and I wish to ask:-

1. whether it is mandatory to outsource the security guards from the Directorate General of Resettlement.
2. We are paying as of now Rs 8650/- which is much more than prevailing minimum wages rates in Delhi. Are we supposed to increase our rates every time the state government increases their rates.
3. The DGR sponsored agencies are not passing on the benefits to the guards how to force them to ensure that they follow the government instructions.
4. The rates asked by the DGR sponsored agencies are very exorbitant as compared to the normal security agencies in the market.

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Aadhinayagam 30 May 2008 at 12:06

Clarification on Employee agreement

hi All,

I am a Software Engineer. As part of the employee agreement, my company has a clause during terminating one's service from the organisation:

Subsequent to the termination of employment, no Employee shall directly or indirectly:

iii. For a period of 1 year from the effective date of termination of employment, commence or carry on any business that directly or indirectly competes with the business of the Company;
iv. Seek employment or get employed with any of the Company’s clients, business partners, Affiliates, or vendors.

Is the above mentioned clause applicable in the court of law?? becuase if i am a software engineer, i can only join another company which is in a similar trade. could you pls clarify?

thanks
Aadhi

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BALAJI R 29 May 2008 at 22:34

Querry on ESI

What is meant by Notional Wages under ESI Act?

Regards,

balaji

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manoj 29 May 2008 at 10:24

Conditions during probation period????

Hi! we know that now in most of the government jobs there is a probabtion period of 2 years and after successful completion of the probation period you are enrolled as a permanent employee.
my query is that suppose there is some new government department who appoints its total staff (as there is no permanent employee at present)and therefore its whole staff is on probation period. Now, if due to some or other reason the department gets closed before 2 years then what will happen to the persons appointed and who have yet not completed their probation period.
Will they will be suspended ??????
Can they claim permanancy ???????
What will be their future ???????

Details of the Appointing Authority is as follows:-
Post : Asst. Professor
Department of Architecture & Town Planning,
Faculty of Engineering & Architecture,
Jai Narain Vyas University, Jodhpur (Rajasthan)

Kindly send your legal advise........

Thanks & Regards........
Manoj

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Ladhu Ram Chowdhary 28 May 2008 at 19:17

Interest in w.c.act

Interest payable in default of payment of compensation amount within one month from thedate itfalls due-whether the commissioner was justified inawarding interest at the of 12 per cent on the amount of compensation awarded by him from the date of accident .what cases law about s.c.&othere H.C.

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