NAGARAJAR RAO
24 November 2017 at 15:55
Dear sir,
We introduce ourselves as a facility management company
We had a contract from ESI Gulbarga for house keeping contract.
As per the law we paid bonus for the employees and claimed for reimbursement adding service charges of 9%.Now the ESI authorities have deducted the service charge amount and paid the balance. We are giving services to other ESI hospitals also and we claimed the amount with service charges they have paid.
Now my query is is there any act or rule for charging service charges on bonus and claiming the same from the principal employer. Kindly suggest
Regards
G. NAGRAJA RAO
Ghazala Rahman
23 November 2017 at 20:14
Hello Sirs,
I have filed an Application for payment of family pension , to verified legal heirs
Nominated by deceased in his life time. after death of deceased an alleged widow claiming
family pension, in support of Fake Nikahnama.
during scrutiny of matter by Court, I have filed stay Application, two years have passed
No pension has been paid to any one.
now I want to withdraw stay Application, with permission to file again, if necessitated.
as a alot of time has passed , and I do not feel any need to leave stay application pending in court.
2: I also want to amend prayer clause of above said matter.
so can I file both applications simleteniously, or should I file separately.
Ranvir
23 November 2017 at 15:51
I have applied for Pf withdrawal online, but for the same employer need to approve my KYC and enter my date of exit as well. Well in my case same is done by third party person who has hired by my x employer. for the KYC approval, i had waited for 2 years and now when i asking him to enter my date of exit, which he always said that he will do. even after he said i sent my date of leaving my x company. Now he never reverts or takes my call. What should i do??
Law Aspire
23 November 2017 at 12:55
What is the meaning of 3 months Notice period in employment contract?
Does it mean u have to continuously work for 3 months and company will pay all three months salary after completion of notice period?
Anonymous
23 November 2017 at 00:00
I am working in a navaratna PSU (BHEL) for the more than 10 years in same department. I never got transfer to any other department even after trying so many times. Now I am totally frustrated and want to resign from my job. My notice period is 3 months. In my service agreement the following is mentioned:
“In case you wish to leave the services of the company after completing the stipulated period of 3 years service, you shall give 3 months notice to the company failing which you shall be liable to pay the company compensation equivalent to 3 months salary.
On resigning from the job you will be relieved only on resignation being accepted. The management reserves the right not to accept your resignation, if the circumstances so warrant. Acceptance of payment of salary from the employee in lieu of full or unexpired period of notice will be at the discretion of the management.”
If I submit a resignation letter showing some family health problem and mention my inability to work efficiently in future for this company due to this problem and also request to adjust my earned leaves for the rest of my notice period; please advise for the following consequences:
1) If my senior officials do not accept my resignation mentioning any reason (eg. No substitute available at this time, etc.), how can I get relief from this job?
2) If my senior officials do not forward my resignation letter and sit idle and try to torture me or put extra pressure on me to work or harass me by vigilance enquiry, and being unable to handle that torture I apply for some leaves due to my emergency duty towards my family, but the leave is not accepted by senior official and still I go to home town by sending an email informing the same and also mention that I have already submitted my resignation letter due to the same reason, then what maximum action company can take against me? Do the company have the power to force an employee to work who is not interested & has already submitted resignation letter and asked to adjust earned leaves against the notice period? Can I face any difficulty in getting my due payments (EPF, gratuity)? In that case how can I get back my due payments? Do the company have the power to forfeit some employee’s EPF or Gratuity amount?
3) Please advise how can I get relief from this job easily and also get my due payments in time?
Anonymous
22 November 2017 at 22:47
If a person has given technical resignation after working as junior engineer for 7 years in railways and joined as junior engineer in state government the next day after getting relieved railways. Then will he be placed as most senior person in the seniority list of engineers who were recruited in that particular year(i.e. year of joining state government)
because of his past technical experience.
Anonymous
22 November 2017 at 22:22
I would be grateful if you explain me the difference between the two letters listed below based on seniority which were published on the dates 8th april 2016 and 17 august 2016.I can see that the letter dated 8th april mentions about the point that the tenure of periods spent in the past service does not get included in determining
the eligibility for the next promotion but the second letter dated 17 august does not have a mention of this point.
1)
No. 28020/1/2010-Estt.(C)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)
******
North Block, New Delhi
Dated 8 April , 2016
Seniority
The tenure of periods spent in the past service does not get included in determining
the eligibility for the next promotion. In case of employees who retain a lien on submitting
Technical Resignation, in the event of their reversion to their previous job, the period spent in
the new job would not be counted for calculation of minimum qualifying service for
promotion in their previous job. The individual will however in case of his reversion to parent
organisation regain his seniority with effect from the date of his reversion .
2)
No. 28020/1/2010-Estt.(C) Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)
******
North Block, New Delhi
Dated 17th August, 2016
Seniority
On technical resignation, seniority in the post held by the Government servant on substantive basis continues to be protected. However, in case of a Government servant deciding to rejoin his substantive post, the period spent in another department which he had joined after submitting his technical resignation will not count for minimum qualifying service for promotion in the higher post.
Anonymous
22 November 2017 at 19:19
I put my papers due to the mental harassment by my reporting authority by mentioning the resignation comments and the reason of resignation was "Issue with Reporting Authority". Still the resignation was approved by same reporting authority.
Moreover On Seniors insistence I have withdraw my resignation on 40th Day of resignation by marking the CC to HR People as well along with few people of leadership.
Still, On 87th Day I have been asked to get relieved on next working day, As they would not be able to retain me.
Moreover, It was the conspiracy of the reporting authority as after my resignation withdrawal request they issued me a Performance Improvement Plan without any reason just to spoil the image before the senior of the bank.
and kept me in the impression that your resignation has been withdrawn Since there is no rule of serving PIP to resigned staff.
It was there intention to make me in the impression that my resignation has been withdrawn So that I would not be able to find the new job.
As per the discussion with the advocate ::
1.) If you have the issue with the reporting authority than the same reporting authority can not accept your resignation as It's against the principal of natural justice.
2.) Issuing PIP against my resignation withdrawal request means, my resignation has been deemed withdraw.
Please guide further.
Isaac Gabriel
21 November 2017 at 21:42
Reitrement allowed on superannuation, but the financial benefits were withheld on the graound of pendency of disciplinary procedings.Retirement on superannuation itself entitles for pension. But in this case, two are clubbed together.can a writ could be filed to get the financial benefits?
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Respondents not appearing and filling their reply to review
I had filed an original application against my transfer order in Central administrative tribunal Bombay in April 2017.The central administrative tribunal stayed my transfer order with following observations by tribunal judges �From the perusal of all records it is apparent that there has been a degree of arbitrariness and discrimination in issuing the transfer order to the applicant. In view of this the respondents are directed not to relieve the applicant till the reply filed by the respondents is considered by this tribunal and decision is taken on the continuance of Ad-interim/interim orders.�After filling the reply and a miscellaneous application by the respondents the Tribunal continued my Interim relief and gave next date of hearing. The respondents then filed a writ petition in Bombay high court challenging this interim relief granted by the tribunal. The Bombay high court refused to intervene or pass any kind of order against this interim relief granted by tribunal and dismissed respondents writ petition within eight days after it was filed. The Bombay high court learned judges did not find any substantial reason to intervene and gave a little dressing down to the respondent�s lawyer. The following were the observations by Bombay high court in its order �we are not inclined to interfere or intervene at this stage however we are inclined to direct the tribunal to dispose off this matter within six weeks from the date of communication of this order. The tribunal continued my interim relief after Bombay high court order was duly communicated by my lawyer. The respondents simply refused to comply with the tribunal order and somehow managed to get my original application dismissed in August 2017 (five months after the interim relief was given by tribunal).To my utter shock and dismay there were some glaring and fatal errors in the judgment order (errors of facts as well as errors of law).with the dismissal of my original application the interim relief given by tribunal stood vacated (five months after it was granted) and therefore I decided to join my new transferred posted station with certain condition and protest as legal protection was no longer there for me. After thoroughly examining the judgment order of Tribunal .I and my lawyer then decided to file a review petition in the tribunal on the following grounds:-
1) Errors apparent on the face of record.
2) New important piece of evidence has been discovered and applicant could not file it inspite of due diligence and care on his part.
The review petition was admitted by the tribunal and a notice to that effect was issued to the respondents to file reply within four weeks after notice receipt. However the respondents taking the advantage of system loopholes did not respond through any reply nor their lawyer appeared on the fixed date of hearing (30/10/17).The tribunal judge gave a further date of hearing in the month of December 2017.The petition prepared by me and my lawyer is so watertight that the respondents do have any reply to file and I suspect that with no strict provision in law to punish or penalize the respondents for non appearance (unless the tribunal judge takes a strong cognizance of this disobedience) the respondents may very cleverly take an advantage and skip tribunal hearings. Although me and my lawyer have an option of filing a mandamus and certiorari petition in high court I would like to have a more clear opinion from all the experts so as to make the respondents appear and file their reply and compel the tribunal to make respondents to obey its orders and dispose off this review petition at the earliest. The respondents are the employees of public sector undertaking (Bharat Sanchar Nigam Ltd)