Bhupender
10 May 2018 at 00:29
Respected experts, I have raised my query on the same subject two years back, but I did not apply for the same in black and white. I applied for the pay protection case but the response of the department is negative. My present department denied me straightforwardly for protecting my last basic with new grade pay. Before stating the ground of the denial, I would like to recall the pointed regarding my case:
1. I joined Kendriya Vidyalaya Sangathan , an autonomous body governed by HRD ministry of Central Government, as TGT on 24 Sept. 2007 with the basic pay of 12540 + 4600 GP.
2. Then in 2012, I applied for PGT in the Education Department , Haryana through proper channel and then joined the new department at Initial basic pay 12090 + 4800 GP on 18 June 2014 after tendering technical resignation from my parent department, whereas the last basic pay drawn by me from my parent department was 15890 + 4600 GP.
3. Then I applied for pay protection and my previous service count in March 2016, I have recently got the response of the department in negativity. I have been denied from the benefit of previous service count as well as of pay protection, stating that I joined the autonomous body when there was no old pension scheme, and similar case was rejected for pay protection.
First of all, you all learned members make it clear the fact whether my case does have valid potentiality or not to carry forward. Is there any similar example of pay protection case where the benefit to the employee has been granted, irrespective of the previous service count for the purpose of pensionary benefits? If my pay protection case would be considerable by any rule, please guide me in this regard. If not, then my next queries are as following:
1. Whether a department can deny the benefit of pay protection of an employee who have permanently merged from autonomous bodies of central government to the state goverment?
2. If this case requires legal proceeding, then how much extent it will be fruitful?
3. Or before adopting any legal proceeding, should I apply again for the same , seeking the clear reasons or norms /rules under which I have been deprived of my benefits?
Sir, please help me out with your precious guidance and appreciable advices.
Thanking you in anticipation.
Rompalli V.B. Swamy
09 May 2018 at 13:17
Experts..! Need exact solution..!
As per the ESI, we can claim Shoe allowance and washing allowance as exempted components for contributing. I wanted to put 1600 as shoe allowance 3000 as washing allowance. Ours is a healthcare and we do have a uniform for clinical, non-clinical and operations employees.
Now, my doubt is that though law has option to show as exempted, what is the maximum limit and can we show as fixed components (and we pay on earned salary as per attendance). Further if we need to show traveling expenses reimbursed and want to claim as exempted component for ESI contribution, do we need to have any proof.
kindly suggest.
RVBS Patnaik
9290658859
Ankit
08 May 2018 at 13:08
Dear Sir
I was Compulsory retired from Union Bank of India. I was working as Manager.
my question is :�
Suppose, an employee was suspended on 20th feb 2008 and got compulsory retirement on 10.08.2010. Now, in calculation of his leave encashment, DA at what rate will be taken into account, rate prevailing as on 20.02.08, ie on the date of suspension or as on 10-08-2010 ie the date of getting the CRS?
And which salary will be taken into consideration for leave encashment, salary on the date of crs or salary at the time of suspension?
Some person has told me that presumptive pay and d.a is taken for calculation but i need expert advice so please guide.
Thanking you in anticipation
K K Jha
08 May 2018 at 08:53
Good morning and greetings of the day,
I am K K Jha, working as a Senior Manager (Public Relations) with Shree Maheshwar Hydel Power Corporation Limited in Indore (Madhya Pradesh) since 1999. Work of the project had stopped from 2012 to 2016 and employees were not being paid salaries since months. In May 2014, the then CGM of the project issued a temporary transfer order in my name through email directing me to join at the project site from Indore on temporary basis. Thereafter, I went on a leave of one month and after I returned from my leave, I verbally talked to the CGM (who had issued my transfer order through email) whether I should move to the project site or remain in Indore, keeping in view closure of project and nonpayment of salaries. He verbally allowed me to work from Indore. From June 2014 onward, like earlier, I continued to send my attendances from Indore and the same was duly verified by the CGM himself till January 2015 and thereafter, by other competent authority at the project site till March 2016. In the meantime, like other project employees, I was paid my salaries from June 2014 to December 2014 (post my temporary transfer order). From Jan 2015, the then project management stopped making payment of monthly salaries to the project employees on account of fund constraints. In June 2016, the power finance corporation took over the project from the promoter and started paying regular salaries to the project employees, barring me on the plea that I had not joined at the project site following my transfer. I continued to send my attendances from Indore in the absence of any communication from the project management but it was only from October 2016 onward, they allowed me to work from the site. In the meantime, the new management released pending salaries of the project employees of nine months but I was denied the same on the plea that I had not joined by duty at the project site after my temporary transfer order. My submission is when the previous management had approved and verified my attendances (post my transfer order for 21 months starting from June 2014 to March 2016 and also made payment of six months pending salaries, can I be denied my pending salaries on the plea that I had not joined at the project site. If the management had verified my attendances of the given period and also made payment of six months salaries during that period, does it has any right to deny my pending salaries of the remaining months simply on the ground that I had not joined my duty at the project site after my transfer order ? I want to know if the authority concerned processed my attendances and salaries from Indore post my transfer order, that means transfer order was not executed by the authority and the same stood quashed as the same authority who had issued transfer order, had verified my attendances in subsequent months post my transfer order.
Anxiously waiting for your valuable suggestions.
Contact - 9898808807
Anonymous
07 May 2018 at 19:58
Dear Experts,
This is in reference to know about the working culture for FEMALE EMPLOYEES in INDIA. I am working in MULTINATIONAL BANK "ICICI BANK LTD." That branch is mega branch and timing is 8:00AM to 8:00PM. According to this timing branch should run in two shifts but I haven't seen that in my branch. When we sign-in in the system it show working hours should be 8hours but we works more than 10hours in a day, in which only 15-20mins we will get for lunch, no other things and even after doing OT we haven't paid any extra wages for that. I am working since last year in this organization, having some severe health issue which is not severe according to HR. They accept that many female employees are suffering from that even after knowing that there is no improvement in this. The best thing is that HR haven't met with me even haven't saw my reports before making that statement. I am working in such an organization where working environment is not professional and co-orperative. I am posted far away from my family. Due to my medical issue I requested for transfer but didn't get yet.
Kindly suggest me what should I do next
K K Jha
07 May 2018 at 12:35
Good morning and greetings of the day,
I am K K Jha, working as a Senior Manager (Public Relations) with Shree Maheshwar Hydel Power Corporation Limited in Indore (Madhya Pradesh) since 1999. Work of the project had stopped from 2012 to 2016 and employees were not being paid salaries since months. In May 2014, the then CGM of the project issued a temporary transfer order in my name through email directing me to join at the project site from Indore on temporary basis. After that I had gone on a leave of one month and after I returned from my leave, I verbally talked to Mr Jafar to allow him to work from Indore keeping in view that all the works at the project had been stopped and non-payment of salaries to employees. He verbally allowed me to work from Indore. From June 2014 onward, like earlier I continued to send my attendances from Indore and the same was duly verified by him till January 2015 and thereafter, by other competent authority at the project site till March 2016. In the meantime, like other project employees, I was paid my salaries from June 2014 to December 2014 (post my temporary transfer order). From Jan 2015, the then project management stopped making payment of monthly salaries to the project employees on account of fund constraints. In June 2016, the power finance corporation took over the project from the promoter and started paying regular salaries to the project employees, barring me on the plea that I had not joined at the project site following my transfer. It was only from October 2016 onward, they allowed me to work from the site, even as I continued to send my attendances from Indore up to September 2016.
In the meantime, PFC released pending salaries of the project employees of nine months but I was denied the same by the SMHPCL senior management on the plea that I had not joined by duty at the project site after my temporary transfer order.
My submission is when the previous management had approved and verified my attendances for 15 months starting from Jan 2015 to March 2016, can I be denied my pending salaries on the plea that I had not joined at the project site. If the management had verified my attendances of the given period and also made payment of six months salaries during that period, does it has any right to deny my pending salaries simply on the ground that I had not joined my duty at the project site after my transfer order ?
Also, when I have been a regular employee of the project, the new project MD did not approve my attendances from June 2016 to September 2016 and allowed me to work from site only from October 2016. Can I also make claim of my salaries of these period? Pl do give your valuable suggestions as to whom and where should I approach to claim my pending salaries.
Warm Regards,
K K Jha
Senior Manager (Public Relations)
SMHPCL
Mob - 9893308807
Priyanka Arora
06 May 2018 at 16:37
is there any scope of regularisation of contractual doctors working on sanctioned posts for continuously eight years and initial appointment is made as per rules after going through open Competition?
shravan kumar
05 May 2018 at 21:47
1. I was a worker of Air Force Canteen Bamrauli Allahabad. This organisation is a retail shop of Indian Air Force but it is not a government organisation. It is purely private venture of Air Force Bamrauli. This org. are a sole sale point of CSD (Canteen Stores Department-an government Department) items.
2. I demanded the salary and bonus amount according to MWR of central government and bonus act respectively keeping view of the following facts-
(a) AF Canteen being a retail shop may be falls under state government scheduled minimum wages act but AF Canteen Bamrauli constantly followed the minimum wage rate of central government in previous years.
(b) Casual workers of AF Canteen Bamrauli were paid current MWR (C) wef Apr 17. On this activity casual workers were getting salary more than permanent employees of the org.
(c) The Ministry had already clarified vide MoD/ID No. 2 (1) 2011-D (Civ-I) dated 29 Jun 11 (letter copy of Air HQ/26095/1/D Accts/NPF dated 19 Jul 11 attached herewith) that State MWR and Central MWR, whichever is higher would be applicable in Central Government departments.
(d) The T & C of service of URC employees is issued by Secretary BOCCS (Board of Control Canteen Services), which is headed by Raksha Mantri, Ministry of Defence, Government of India. The composition of BOCCS is as under:-
Chairman : Raksha Mantri
Vice Chairman : Raksha Rajya Mantri
Members : Defence Secretary
FA, MoD(Fin)
QMG
AOA
COP
Secretary : DDGCS
(e) Applicability of The Minimum Wages Act, 1948—In relation to any scheduled employment carried on by or under the authority of the [Central Government or a railway administration], or in relation to a mine, oilfield or major port, or any corporation established by a Central Act, the Central government.
And
Scheduled employment as per Minimum Wages Act means an employment specified in the Schedule, or any process or branch of work forming part of such employment.
It may noted that AF Canteen Bamrauli falls under Central Government sphere and public fund money (70% of URC fund) is also transferred through CSD to URC Fund in the form of Quantitative Discount (QD) and reimbursement of transportation charges paid by URC. Employment in loading and unloading in good sheds, godowns, warehouses etc, Employment in watch and ward and Employment of sweeping and cleaning is a scheduled employment of central government minimum wages Act. These types of works are also performed in AF Canteen Bamrauli. Therefore, the employees employed in these employments in AF Canteen Bamrauli should be covered under Minimum Wages Rate (Central).
2. Report on failed conciliation by asst. labour commissioner (central) Allahabad is attached herewith.
SOHAN LAL
04 May 2018 at 19:03
I was working at Macons Equipment Pvt. Ltd. , Ahemdabad , Gujrat from 15th june 2016 to 18th February 2017. As per company policy I followed one month notice period upto 18th february 2017. At the time of resignation HR department said they will give last two month salary after clearing F&F.
After one month notice period they give only relieving letter and told wait one month more for F&F clearing. After one month I try to contact by telephonic and by E-mail for my last two month salary but they not response.
In the mean time a customer lied that he gave me FORM-C , so company told me 1st you submit FORM-C then we will clear your F&F. Again I mail him if customer give me FORM-C, then told him (to customer ) for providing duplicate or receiving copy of that FORM-C but my company not reply me.
Please suggest me now what action I will do for this matter....????
Thanks
SOHAN LAL
Contact- 9752098087
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Efp
Due to pay arrear, we need to deposit EPF in respect of few employees who have already left the organization and had closed their old EPF Account.
What are the options available to us to deposit the EPF for these employees.