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GUTAM NIYOGI   01 December 2017 at 22:52

Enhanced EPS Pension

I hv retired from a CPSU on attaining 58 yrs of age w.e.f 31.03.2014. I had contributed 12% of my salary ( Basic+DA) each mth. in my PF a/c with EPFO with matching contribution from the employer. Rs. 541.00 (8.33% of Rs.6500.00) from the emplyrs contrbn went to the Pension fund under EPS and the balance was deposited in my PF a/c. My organisation was an un- exempted establishment under EPFO.

My query: can I claim enhanced EPS pension by virtue of the SC order on the same.

Anonymous   01 December 2017 at 16:15

Company holds employee's relieving letter and salary

Exact Question : Can company hold employee's relieving letter and last month salary over financial dispute which is unknown to employee till last month ?

After resignation employee served notice period of 90 days (have mail copy and resignation acceptance from employer)

Financial dispute : Finance department added extra amount in "special allowance" category for each month over a period of 2 years in employee's salary account, the same is reflected in payslips and paid taxes.
And now after employee's resignation they found the error from past two year financial record, claiming immediate settlement of those extra sum amount and company holds the relieving letters, last month salary and payslip. What is the necessary step I should take legally?

Also if I want to join new company, how I can explain situation there?

Please help.

Anonymous   30 November 2017 at 21:53

Job absconding issue

Dear Legal Experts,

One year back I joined an organisation and after 2 month I left organisation due to some family dispute and on last working day I informed organisation via email. That is I did not serve notice period and immediately I abandoned job . Approx Three month later from leaving organization date I got letter regarding absence from duty and now one month back I got a letter from organisation and they want money from me around 1 lakh rupee for not serving notice periods while I did not sign any bind with organisation only one thing that is mention in appointment letter in lieu of notice period you can buy out notice periods anf they will provide experience and reliving letter but as I told due to family dispute I left and I don't want their experiences and reliving letter.

Could you people advise me what should I do or should I wait for legal notice ?

Please also tell me what can be consequences in case of legal notice.

Mani   28 November 2017 at 23:27

Challenging Non promotion in PSU

I work in PSU as officer.My promotion was due this to higher cadre and I was not promoted.Through RTI ,I came to know that as per marks ,seniority, and rank parameters I qualify to be promoted to higher cadre as the rank of last candidate selected was 213 and my rank was 200. Further more in my personal data form which our personnel department of organization maintains and is accessible to all employees to see their own,one vigilance case number has been written and I assumed that due to ongoing investigation on this vigilance case,my promotion has been kept in sealed envelope or had been withheld.However to my surprise when I filed RTI to my personnel department inquiring about any vigilance case /inquiry going against me ,they replied that no information is available with the public authority as on 20.10.17,whereas promotion list was declared on 05.05.17. should I file a writ petition challenging my non promotion in supreme Court or high court for justice

Mani   28 November 2017 at 23:22

Challenging Non promotion in PSU

I work in PSU as officer.My promotion was due this to higher cadre and I was not promoted.Through RTI ,I came to know that as per marks ,seniority, and rank parameters I qualify to be promoted to higher cadre as the rank of last candidate selected was 213 and my rank was 200. Further more in my personal data form which our personnel department of organization maintains and is accessible to all employees to see their own,one vigilance case number has been written and I assumed that due to ongoing investigation on this vigilance case,my promotion has been kept in sealed envelope or had been withheld.However to my surprise when I filed RTI to my personnel department inquiring about any vigilance case /inquiry going against me ,they replied that no information is available with the public authority as on 20.10.17,whereas promotion list was declared on 05.05.17. should I file a writ petition challenging my non promotion in supreme Court or high court for justice

ashish   27 November 2017 at 19:39

Enforceability of service bond

I am working as a bank PO in a Public Sector Bank. The bank recruits through IBPS. However, when we wrote the IBPS exam or in its advertisement or during selection of bank, there was no mention of any service bond. However, after the results and allocation of bank, which cannot be changed, the bank stated that there will be a service bond of 1 lakh rupees. I signed the bond for getting the job. Now i want to leave the organization, can the bond be a voidable bond on account of the principle of undue influence as per Indian Contract Act?

When I signed the bond I had no option to sign it. The bank though its recruitment exam never mentioned that there would be a bond or else I would not have chosen it.

Nitish Kumar   26 November 2017 at 12:38

Regarding technical resignation and lien

Respected sir
I am a state govt. Employee on regular basis serving from last 4 years. I have applied for a post in another govt sector within state and have applied through proper channel and obtained noc from my current dept. Now I have been selected for the post and want to join there. But the new post is on contract basis. Should I get the benefits of lien through technical resignation for current scenario. Need your esteemed guidance please...

R.Ananda Kumar   26 November 2017 at 04:25

Grauity clarification

I joined the org 03.07.2013 this date till 31.08.2013 pre opening staff then appointment letter issued from 01.09.2013. I working till now 03.12.2017 they will transfer me (same sister concern and same group also). from 04.12.2017. But what they said owners is same but our company name is different (like you worked partnership but we transfer pvt. Ltd), hence, we will not give the continue service to you, so, you not eligible for the grauity.

Dear expert, kindly advice to me,

1. i am eligible for grauity or not,
2. why they have avoid continue service
3. First Two month pre opening period also consider for grauity calculation or not
4. If i accept this condition i lose my service period 4 yrs and 6 month.

Kindly advice

Anonymous   26 November 2017 at 04:23

Grauity clarification

I joined the org 03.07.2013 this date till 31.08.2013 pre opening staff then appointment letter issued from 01.09.2013. I working till now 03.12.2017 they will transfer me (same sister concern and same group also). from 04.12.2017. But what they said owners is same but our company name is different (like you worked partnership but we transfer pvt. Ltd), hence, we will not give the continue service to you, so, you not eligible for the grauity.

Dear expert, kindly advice to me,

1. i am eligible for grauity or not,
2. why they have avoid continue service
3. First Two month pre opening period also consider for grauity calculation or not
4. If i accept this condition i lose my service period 4 yrs and 6 month

Kindly advice

Anonymous   25 November 2017 at 14:29

Maternity benefit

The day i told my company about my pregnancy they started harassing me and putting undue work pressure on me
as a result of this mental stress my medical condition deteriorated and my gynecologist advised to me to take 30 days bed rest

When i asked my HR for one month unpaid leave she told me to resign.
I resisted at first but considering that the mental pressure will have ill effect on me and my baby health i decided to resign


Is there a legal action i can take after resigning from the company