gopikrishnan
30 March 2018 at 22:46
sir, I am a victim who was unfortunately who was dismissed by IOB for some alleged iregularities committed by Manager and me as deputy manager of a branch. There was no monetary loss as alleged by the bank. On appealing to the Appellate authority, they considered various facts of my submission and softened the award as
compulsory retirement with all terminal benefits..pension, gratuity etc. Of course I am getting pension now. But they
have not given me the leave encashment which I was eligible, saying that Leave encashment is not available for
compulsorily retired officers, which I feel is against natural law of justice
Sir. will You be able guide me in this and direct me the recourse?
madan satpathy
30 March 2018 at 20:11
Sir/Madam
I was convicted by the lower court (JMFC) U/s – 498A and 4 DP Act. After that I go for the appeal to the appellate court (District court) and the appellate court accept my appeal with suspended the order of conviction till conclusion of the said appeal as per sec 389 of CrPc.
Further inform you that, I am working in a private company under worker grade.
I want to know that
1. During pendency of the appeal, and while the appellate court suspended the order of tried court, as per LAW can any employer still have any right to dismiss from job?
2. If possible please provide me the section/s of Labour law/ factory Act which is applicable in this matter.
kindly share your views
Anonymous
30 March 2018 at 17:26
First Writ petition had filed against Person X and accepted a direction to the chief secretary to address the grievance in my representation and dispose of. In action, I filed contempt but government informed before the court that Person X already removed from the post for administrative reasons and representation become infructuous and hence contempt closed.
But in reality no change, Person X continued in same post. So I filed Second petition and got dismissed with cost due to res judicata. Review application is filed because res judicata not applicable since no decision on merits either by Government or Court in earlier. Review only numbered but not listed for hearing till date because bench not sit yet.
Shall I file Third Writ petition to direct the chief secretary to dispose of my representation while review is pending since my representation is not considered till date ? Otherwise any other remedy available
Anonymous
30 March 2018 at 10:52
Dear Sir,
I was employed in a Chennai based company, worked there for six years, I resigned the company in the month of july 2017.Since I joined the company it they made my gender as female and they didnot approve any of my document like pan card or adhar card. I have requested them so many times, but they are not doing it.I have asked them that I would like to withdraw my PF, since the point of time I resigned they are saying fill this form, send me that document, wait for 40 days, after waiting for 35+days they are saying send me that document,so on an on excuses.
I have my proper release letter from that company, but they are making a fun of me with my PF, Please help.
-
Regards
Jayanta Dey
bukki
29 March 2018 at 22:08
Sir,
I filed writ of quo warranto in PIL question the person wrongly continuing in public post without required educational qualification when it came up for admission on 21.06.2016, Government pleader mislead false information before judge that person already removed from post.So advocate withdrawn the petition as dismissed without my knowledge.
Apex Court Rule of Quo Warranto: 1. PIL is maitainable in Service Matters for Quo warranto 2. The rule of locus standi not applicable for Quo warranto. I am not aggrieved person for the post so only the quo warranto was filed.
Now I wish to file new petition writ of mandamus to consider my representation and dispose of because same person still continuing the same post. without required educational qualification.
Please clarify my doubt below
1. Whether new writ petition mandamus is barred by res judicata or not?
2. Whether new writ petition mandamus is barred by locus standi or not?
kaur
29 March 2018 at 15:37
If labour case u/s 2A which can be decided within three months by the industrial tribunal but even after three years pending in court. Is there any remedy available to workman as his whole family was dependent on his job.
Jayesh Chakraborty
29 March 2018 at 11:34
Hi,
Just wanted to know if there are any compulsary policies regarding encashment of leaves during resignation or does it vary from company to company.
Shaunak
28 March 2018 at 23:42
Hello,
I am legally still working for an organisation named FlightCase in pune. I have been associated with FlightCase for 9 years.
Now the company has not paid me salary for Jan month as they did not receive funds from client which is 3rd party.
Also the company asked to stop working on this project and leave the organisation wherein they will mention my last working day as 31 December however, I was working for this company till 5th Feb 2018.
I persuaded them to release my salary and I will leave the organisation immediately without notice period. But they are not willing to pay me salary for Jan 2018 month.
Kindly let me know what action can I take against this company
Thankyou,
Shaan
umamaheshwarao
27 March 2018 at 16:38
I worked as a Regional sales Manager in a company, company suddenly closed their operation in south india and informed to send the resignation, I sent the resignation worked around 17 months. alomost 2 months completed they are not settled my account,2 months expenses salary PF etc around 1.0lac amount is pending,now I am jobless . Kindly suggest me what to do awaiting your favorale reply.
Sincerely,
Umamaheshwarao
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Regarding not serving notice period
Dear@,
I have asked for transfer on 11th March and till now no management response is there and within a week my supervisor has gone for conspiracy against me which led me to demotivation and within couple of weeks i got an offer from another company asking to join on 1st April and I dont want to serve notice period and I just want to leave this company with credit of my salary.Can this be a good reason as per legal to leave the job without serving the notice period.Asking for Transfer and till date no response can it be a solid reason to avoid legal actions from the company?