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Anonymous   20 January 2018 at 17:19

Unethical dismissal

Respected sirs, I was working in a reputed company and faced unethical removal from employment.
My senior had instructed HR for my dismissal and HR followed this instruction without giving me proper and fair chance to put my point. Also my mail ID and phone no blocked next day of such communication so that I couldn't raise my voice. I was not allowed to serve notice period and i faced sudden loss of employment due to this.

According to my senior who just taken charge 3 months back , he has complaint against me and according to which i had attitude problem. for this only reason he was creating pressure on me continuously and insist me to leave organisation. I have been working with that org. since last two and half year and had good track record of work with excellent grade in last appraisal. I have written conversation that prove it as force exit and HR had been instructed accordingly prior to putting mail from my side. only mistake i dis was - i put mail after two days raising my grievance to top management . wherein i put- due to un-professionalism i am resigning .
I was not given two months salary as compensation an as committed from HR- I have written confirmation on his.
As this is a loss of employment i proceed with claiming against total loss upto six months gross salary- Please help me out for the options/ ways i have in this case.

suneetha Jain   20 January 2018 at 10:05

Filing of a case

Sir,
We have won a case in High Court against SBI in Aug 2017 regarding termination. But, SBI didnot consider the directions of High court and SBI has stuck to its termination and the latest order of restoration of termination was given given by SBI on 01.11.2017. We would like to again go to High court on this. My query is what is the limitation period for filing the case?? I mean within how many days from 01.11.2017, we have to file a case??

Shakeel   20 January 2018 at 01:10

Gratuity payment

Hi, I want to know about gratuity payment if my joining is 7 Jun 2011 and date of living is 6 Dec 2017 then gratuity will be paid for six years or seven years.

Sunil Kumar   19 January 2018 at 14:21

Request.

In this connection it is intimated that the applicant has used ATM for withdrawal amounting to Rs. 500/- from Indian Overseas Bank, Motor Market, Mani Majra, Chandigarh on 06.11.2017 and did not received the amount and a flash message of deducting amount Rs. 500/- from the saving account has been received. I have intimated to the Branch Manager regarding this problem and filled a prescribed form of getting back Rs. 500/- in the account.
Due to deficiencies of services of SBI Bank Bank, I have requested time and again to the Branch Manager, SBI to initiate the process of getting back the money from Indian Overseas Bank but till date no action has been taken and avoid the request from one pretext to another.
I have requested to higher authority of RBI but they could not response my complaint. No bank is ready to take liability for get reversed Rs. 500/-. Kindly intimate us Can I appeal in consumer court (DCDRF) without any advocate or in which under section I will request for get reversed.

thanking you.

Sunil Kumar

Nikhil   19 January 2018 at 00:46

Reinstating in service/labour law/civil writ

My father get terminated from job in 2003 from health dept. bihar government. He filed a case in high court to set aside the resolution in 2007 and the final judgement came on August 2017.

The matter is that my father issued indents for Medicine in favour of MSD,kolkata for supply of medicines which latter distributed to various Primary Health Center. At that time he was not a competent authority to do so. Department placed corruption charges on him due to which he get suspended in 1998 and then terminated in 2003.

Same matter also happen with another two doctors Mr. Prabodh Jha and Mr. RP Singh. They also approached the court and when the decision comes in favour of them they were reinstated in service by department.

In my case the order came as..
(1) having heard learned counsel for the petitioner and on consideration of the material on record,the court find merit in the writ petition. It would appeared that the aforesaid Dr. P jha and Dr. RP Singh were also proceeding against for having alleged placed indents for Medicine from MSD Kolkata in irregular manner in excess of allotment and for which they had been dismissed from service.however they were reinstated in service subject to certain penalties inflicted upon them. The fact stated by the petitioner in this regard have not been controverted by the respondents.

(2) in the above view of matter, the impugned resolution is hereby set aside and the matter is remitted to the commissioner cum secretary,dept. of health to consider the case of petitioner and pass order afresh in accordance with law and after grant of an opportunity of hearing to the petitioner expeditiously and preferably within a period of 4 months from the date of this judgement.

In December a letter came from dept. to present before chief secretary with proof of innocency. Chief secretary ask the matter in brief in 3-4 mins

Recently dept send a letter stating that your dismissal punishment will stand same and your representation is rejected.



Is this comes under contempt of court?

When two Dr. reinstate in service having same matter then why the dept not reinstating my father back to Job

What can we do now???

Pawan Kumar   18 January 2018 at 23:02

Leave Encashment denied by the company

I was working in a Chennai based Automobiles Limited company at the post of Area Sales Manager. I joined the company in 2000. I was handling a branch in Jalandhar and 5 people including sales and other staff. Company has head office in Chennai , Reginal office in Delhi and branch offices in all states of India. Two year back top management changed and they start apponlinting a parrlel branch leader so that earlier one should resign himself. They have settled all the dues of the employees who so ever have resign including leave encashment . In my case a Branch manger is appointed in the same branch where I was leading the branch. In the meanwhile company sent a code of conduct paper to sign , according to this paper who so ever will make the fake travel bills and fudged bills will be terminated immediately. During working we found that new branch manager has given some fake travel bill and some other fake bills also. About this we informed to regional manager but he had not taken any action and suppressed the same. Branch manager start harassing us due to this reason. One day due to hot argument in the office I decided to resign and sent the 3 months notice as per our agreement and wrote the company has not taken the action against the culprit and managment is protecting to culprit willing fully , now I am getting the mental harrassment from him revengefully and work culture going worst day by day so I am unable to continue in this type of work culture. management accepted the resignation and relieved me next day . They settled all my dues except leave encashment of 120 days with reason that my resignation is involuntary. I wrote him again that and given all explanation that my reason of resign is mental harrassment so I left with no choice but they refused the again by mail. Now pls advise me under which law I can claim my 120 days leave encashment and how it will be done.

seema sharma   18 January 2018 at 21:12

Rule for salary in cooperative thrift and Credit Society

What are the rules for framing pay structure for thrift and Credit cooperative society registered with Delhi govt.
Please guide

JIBAN C   18 January 2018 at 18:38

Gratuity

Madam/Dear Sir,
I have resigned from central govt organisation after continuous service of 6 years 7 month and joined in central govt. PSU. As i have joined in psu, so my past service is not carry forwarded. However, they rejected my gratuity application, simply mentioning that i am not eligible for this benefit. Please suggest me whether i am eligible for gratuity with proper goverment order.

Anonymous   18 January 2018 at 15:28

Withdrawal of resignation after effective

I worked as Examiner of Patents and Designs at Indian Patent Office, New Delhi under the Department of Industrial Policy & Promotion, Ministry of Commerce & Industry. I appointed by president of India on 13th March, 2016.
I applied for technical resignation on 25th September, 2017 and a consequence competent Authority accepted my Technical resignation on 13th Nov., 2017. I got relieved of my duties from the post of Examiner of Patents & Designs on 22th Nov., 2017 to join Indian Oil Corporation Limited (IOCL) for one year probation period.
There are several difficulties I am facing here at IOCL and due to same I am not able to support my family. I am the eldest son in my family and have multiple responsibilities. Nature of duties in IOCL is completely different form the Patent office.

I was applied for repatriation request to the Department of Industrial Policy & Promotion on 4th December, 2017 (after 10 days) (Annexure-I). In continuation of my previous request again I request on 1st January, 2018 to department give me some relief in this matter. (Annexure II)
Department followed the guideline of the DOP&T and according the Rule 26 ccs pension rule 1972 is. (Annexure III)

The procedure for withdrawal of resignation after it has become effective and the Government servant had relinquished the charge of his earlier post, are governed by the following statutory provisions in sub-rules (4) to (6) of Rule 26 of the CCS(Pension) Rules,1972. This corresponds to Art. 418(b) of the Civil Service Regulations:-
(4) The appointing authority may permit a person to withdraw his resignation in the public interest on the following conditions, namely:-
(i) that the resignation was tendered by the Government servant for some compelling reasons which did not involve any reflection on his integrity, efficiency or conduct and the request of a material change in the circumstances which originally compelled him to tender the resignation;
(ii) that during the period intervening between the date on which the resignation became effective and the date from which the request for withdrawal was made, the conduct of the person concerned was in no way improper.
(iii) that the period of absence from duty, between the date on which the resignation became effective and the date on which the person is allowed to resume duty as a result of permission to withdraw the resignation is not more than ninety days;
(iv) that the post, which was vacated by the. Government servant on the acceptance of his resignation or any other comparable post is available.
5) Request for withdrawal of a resignation shall not be accepted by the appointing authority where a Government servant resigns his service or post with a view to taking up an appointment in or under a private commercial company or in or under a corporation or company wholly or substantially owned or controlled by the Government or in or under a body” controlled or financed by the Government.
(6) When an order is passed by the appointing authority allowing a person to withdraw his resignation and to resume duty, the order’ shall be deemed to include the con-donation of interruption in service but the period of interruption shall not count as qualifying service ;”
6. Since the CCS (Pension) Rules, 1972 are applicable only to holders of permanent posts, the above provisions would apply only in the case of a permanent Government servant who had resigned his post. The cases of withdrawal of resignation of permanent Government servants which involve relaxation of any of the provisions of the above rules will need the concurrence of the Ministry of Personnel, Public Grievances and Pensions, as per Rule 88 of the CCS(Pension) Rules,1972.

Rule number 26(5) not allowed for the withdrawal of resignation of a person to join the Corporation. I have Joined IOCL with the proper permission of the department. My resignation is a technical resignation means my past service is not forfeit. RTI request number is
“DP&PW/R/2018/50032” clearly mention that ccs pension rule no. 26 is not applicable in my case.
.


ashwani singh   16 January 2018 at 18:20

Want to knownotice period for resignation or salary in lieu

Respected experts kindly guide me how many months notice i have to give i joined the organization in April 2015 & still working.
Terms & conditions of appointment are as follows:
Initially you will be on probation basis which be extended further to another one year by the appointing authority. Your services may be terminated during the probation or extended probation period by giving one month’s notice or salary in lieu of the notice.
After successful completion of probation or extended probation period you will be communicated in writing about your confirmation. In absence of such a communication your term automatically comes to an end & you will cease to be an employee of the institution.
After confirmation your services may be terminated by giving three month’s notice or salary in lieu of the notice.
As institute did not communicate any confirmation notice about my services & no intimation to be ceased the employment yet.
So how many months notice is required to be given ?
Kindly guide me in this regard.
Thank You in advance