manoj sharma
12 March 2018 at 19:03
Hi ,
i have completed 4 year , 7 month & 15 days in my previous job after serving notice period , i have resigned .
Pls confirm as i eligible for gratuity or not and can i claim it or not.
kirti nagdeve
12 March 2018 at 18:51
is there any circular mentioning that no medical certificate is necessary for 1 day medical leave?
Vinod Shah
10 March 2018 at 22:33
Dear Experts,
One of my friend got terminated from his service on baseless and patently illegal charges framed against him by his employer. No principal of natural justice followed and no reasonable opportunities given during the course of departmental inquiry proceedings. He approached to Central Administrative Tribunal (CAT) and the High Court of Delhi seeking interim relief for reinstatement and stay on operations of orders of removal of service including letters of employer for asking vacation of company accommodation and house building advance taken. CAT admitted the case and inclined to allow any interim relief by mentioning in its interim order that that the matter is serious and the employee is out of employment, hence CAT will dispose off the case amicably in interest of employee. Employee approached to High Court of Delhi seeking same interim relief but High Court of Delhi also inclined to allow any interim relief to employee and relying upon the CAT's interim Order and presumed that the matter in pending before the CAT and the CAT is mindful and acting in favour of applicant. Despite of these orders of High Court of Delhi and the CAT, employer is sending letters to terminated employee and asking him to vacate the accommodation and repay panel rent as well as housing building advance immediately. It is clear signal that the motive of employer is to disturb family life of terminated employee and harass him.
Now, my question is that :
a) Is action of employer is good in the instant case?
b) Can an employer ask for outstanding dues if matter is pending before the service matter court i.e CAT?
Kindly suggest what is scope of legal remedy for applicant in the instant case so that he may be prevented from the undue harassment by the employer. Please note that applicant is still unemployed and no source of income. He is living with his family along with two small school going children (daughters) in the employer's accommodation.
Prima facie the case is in favour of employee and he is 100% ensured that he will be reinstated back in service after finalization of case in the court.
Your suggestion on this matter will be very helpful for him and can save his life from undue harassment.
Akash
10 March 2018 at 19:15
Hi,
I have beeen working with my current employer, lets say XYZ, from last 4 years. Now i have got an offer from a other comapny, lets say ABC, and want to move out, for that I have resigned my current employer(XYZ) putting a mail to the manager and keeping HR in cc. My manager have also accepted my resignation. The company from where i have got the offer(ABC) is the same company where i am currently working for a man days project through my current employer(XYZ). Currently I am serving notice period, which is 2months for my current company.
As the HR of my current employer XYZ came to know that i am going to the company(ABC) where i am currently working for a project, he is saying he will not give me relieving letter, because of some bond between both ABC & XYZ which states that company ABC cannot hire any member of the team working for their project, but i have found out that there is no such bond. The only bond that exits between both the comapnies is that i cannot be hired by the same team of comapny ABC, for which i am working, but can be hired for other team of the same company. I spoke to comapnay ABC's HR and they said, they have done thorough background check before releasing the offer letter, and they have found there is no bond which prevents them from hiring me.
I am trying to sort this out by talking to my manager and HR of current company. If finally they dont give my Relieving letter, may i know what are my legal options available for me.
Anonymous
09 March 2018 at 16:46
resp, sir
my friend has a small business of industrial pest control and has 10 employees . having tough competition , facing problem of employees going to competitor and sharing confidential information .
what is the process of putting employees in restrictive covenant agreement ?
to protect the business .
please guide .
thanking you .
sunil
Anonymous
09 March 2018 at 10:49
Hi, My brother was working for a company which is one of the top private sector bank. This was his first job. He work there for 1.6 years but in between there were many problems with her manager he' just escalate one thing which was going wrong against her. So the bank terminated him without any reason and close down his systems and said you are terminated. But they didn't give the reasons. So we tried a lot and then they said you resign we will give reliving letter and terminated tag will be not shown. But after since two years from that my brother has been selected in other company but after giving offer letter they reject it . and don't take him When we asked why they don't give any answer. So we have come to know that it is just because of the previous employer. They are showing him terminated but my brother is showing that he had resigned but this was only given just for our sake. So wat should we do should we ask the company for the terminated reason. Because they have just given N reliving letter without serving any notice period. But shown terminated or absconded there. And we are very confused with to do v because they have ruin his career and he his not getting job because we are not understanding after selection in various companies why they removing him after some days. Please help
Anonymous
08 March 2018 at 21:25
I Would like to get whether pwd employees working in public sector banks are exempted from periodic transfers as i have received a document from department of financial services which provides such kind of information. please help me to know more.No.36035/3/2o9-Estt.(Res) issued from Ministry of Personnel, Public Grievances and Pensions is provided by dept of financial services.
SHRINIVAS ACHARYA
08 March 2018 at 14:57
Dear Sir,
An employee while working on a national holiday will be paid overtime.
However, is it necessary for the company to give a compensatory of
for working on a nation holiday ( 10 declared holiday ).
Kind regards
shrinivas
Anonymous
07 March 2018 at 17:54
Hello My mother getting pension of my father since 25 years , father had expired and served for the army as a havaldar rank.. Now at that time my grand father furnished the nick name of my mother in the army records for pension as “poonam devi”. My mother was also on state government job as a primary school teacher and retired few years back in 2008 where her name is kala devi as per her educational certificates and records...Now these days aadhar and pan requirement is compulsory for every bank account opened. And now she is facing the problem that i am describing .... first these are details of two bank account where one bank is connected to my father pension and other is connected to my mother pension (as she retired form teacher few years back)
SBI Bank : My Father Pension (or My mother Husband Pension)
Mother name (written on passbook): poonam devi
Bithdate: 08/09/1950
&
PNB Bank: Mother pension
Mother Name (written on passbook): Kala devi
Bithdate: 08/09/1950
(Both the Bank account is opened in the same city)
Even few years back at 2011 i had made court affidavit regarding this that both the name is of same person which was nototrized and duly signed and stamped by city SDM (State District Magistrate) Also an Advertisement was also published on local newspaper so that in future no problem would arrive (I have all the documents including affidavit and newspaper advertisement kept safely) then on the basis of this affidavit and documents AADHAR CARD name which was formerly “kala devi” was corrected Now n Aadhar the new corrected name is “ Kala Devi alias Poonam Devi”. But i have not changed it on Pan number in which only Kala Devi is written as per her educational records As people told me that you can’t change the name in pan like Alias Name. It should be only one name.. My mother teacher pension is well connected to Pan card and also Income Tax written is filled on time but now because in Sbi bank there is a need of pan and aadhar to be connect but when i furnished all the details to Sbi bacnk they are denying to accept and saying that your aadhar can not be linked to our system because there it showing error as in passbook or bank details it is poonam devi and in aadhar the name is in alias (which is Kala devi alias poonam devi) and also said that in the Pan card your mother name not matches to our Bank records....Problem is what to do in this type of situation Some says do this Some says do that but no one even the bank employe have the correct answer...SBI Bank employe says change all names according to the Pension of My father as it is very complicated to change the Army records and a very lengthy process but if i do that then what about my mother own teacher pension? Because sooner or later this condition would also arise at other bank of pnb..Now what to Do?
My mother is very depressed as she is thinking that in few Days May be her Husband Pension Would Stopped.
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