Basavaraj
09 September 2017 at 19:26
Dear All, below is the order by MOL.
NO - L-42012/37/2017 - IR(Dll)
Government of Indian Bharat Sarkar Ministry of Labour/Shram Mantra la.
New Delhi, Dated :29/08/2017
ORDER
NO.. L-42012/37/2017 (IR(DU)) : WHEREAS the Central Government is of the opinion that an industrial **dispute exists **between the employers in relation to the management of Karnataka Antibiotics and Pharmaceuticals Ltd. and their **workmen** in respect of the matters specified in the Schedule hereto annexed ;
AND WHEREAS the Central Government considers it desirable to refer the said dispute for adjudication;
NOW THEREFORE , in exercise of the powers conferred by clause (d) of sub-section (1) and sub-section (2A) of Section 10 of the Industrial Disputes Act, 1947 (14 of 1947 ) the Central Government hereby refers the said dispute for adjudication to the Cent.Govandus.Tribunal-cum-Labour Court, Bangalore . The said Tribunal shall give its award within a period of three months.
The Schedule
Whether the action of the of Karnataka Antibiotics and Pharmaceuticals Limited(KAPL), Nirman Bhawan, Dr. Rajkumar Road, 1st Block, Rajajinagar, Bengaluru-560010 is justified in considering the absenteeism of Sh. Basavaraj S. Ghale** Assistant General Manager( Engineer) ** of KAPL posted at Guwahati as voluntarily abandonment of service and settling his final accounts without conducting domestic enquiry in accordance with **Conduct, Discipline and Appeal Rules** of the Company?
If not, what relief the complainant Sh. Basavaraj S. Ghale is entitled to from the management of KAPL Nirman Bhawan, Dr. Rajkumar Road, 1st Block, Rajajinagar, Bengaluru-560010.'
(Rajesndra Joshi)
Deputy Director
T. No.-23473145
Copy forwarded for necessary action to :
* 1. The Presiding Officer
Cent.Govt.Indus.Tribunal-cum-Labour Court Shram Sadan, 3rd Main,
3rd Cross,II Phase, Tumkur Road, Yeswanthpur
Bangalore -560022
* 2. The Managing Director,
Karnataka Antibiotics and Pharmaceuticals Ltd. Nirman Bhavan, Dr. Rajkumar Road, 1st, Block, Rajaji Nagar,
Bangalore - 560010
* 3. Sh. Basavaraj S Ghale,
22-50-51-6/2, Basava Chetan, 8th Main, 14A Cross 8th, 2nd Stage, N.S. Pallya, Karnataka
Bangalore - 573218
*****
The parties raising the dispute shall file a statement of claim complete with relevant documents, list of reliance and witnesses with the Tribunal within fifteen days of the receipt of this order of reference and also forward a copy of such a statement to each one of the opposite parties involved in this dispute under rule 10(B) of the industrial disputes (Central ), Rules ,1957.
***
4. Ministry of Chemicals & Fertilizers Shastri Bhawan.
New Delhi
Pincode - 110001
5. Dy.Chief Labour Commissioner (C), Guwahati(Assam)
6. Asst.Labour Commissioner (C), Guwahati(Assam) w.r.t .his FOC Report
No. 8(06)12017GIA Dated 12/04/2017
7. Adjudication Folder.
8. CR Section.
***
Note :The order letter itself use word as **WORKMEN **
In my opinion labour Court may not say as NOT WORKMEN?
**being Asst General Manager (engineer)**
Since, the case is of WORKMEN AND MANAGEMENT, CPSE sanding orders are to be applied instead of CDA RULES of CPSE to prove as not as WORKMEN CPSE?
Request all experts to give comments and opinions on case strength at CGIT..
Anonymous
09 September 2017 at 00:35
My father has taken home loan from sbi bank in 2007 and repayment full amount in 2011 but the title deeds were not released by the bank.they said that we are tracing it. Now they are saying that the sale deed is misplaced by them and has provided in written to me.I had obtain certified copies from sro office but I can't sell the flat in future as no bank give loan on certified copies. so now how much compensation can I demand to them according to law?
NARESH KUMAR CHOPRA
08 September 2017 at 22:37
I am serving in Public sector insurance company. Last stagnation increment given to me was 9.2014. Compnay awarded me punishment of Censure in 3.2016. Now My stagnation increment is due on 9.2017. The stagnation increment is payable to me after 3 years as per our wage agreement. Now the company is saying that your stagnation increment will be deferred by 1 year till 9.2018 as you was censured in the last three year of reviweing period. In this regard company is quoting their circular which states that stagnation increment will be deferred if the employee awarded punishment of censure during reviews period of 3 years. I have heard that censure currency is for 1 year and my increment is due after 1 1/2 year after. Please let me know whether employer can withheld my stagnation increment in the situation explained above. If they had stopped the stagnation increment what are the options available to me to safeguard my interest. Please quote the latest high Court/ Supreme court judgement which be favourable to me.
Anonymous
08 September 2017 at 02:58
It is right to say that all humans shall live a life of dignity. But let me know, are all domestic helps registered in this nation, there might be some registrations in cities. What are the Laws that enforce it and governance machinery that strives to implement it? Is it right to say that one having a juvenile domestic help is illegal? If yes, then I am sure 95% or more of the nation is illegal.
Jagannath Prasad
07 September 2017 at 12:47
Sir,
I would like bring your kind notice here that, both me and my wife are serving as permanent employee of MHA (GoI), however since last 01 year and 03 months she has been transferred to Bhubaneswar, odisha whereas I am serving in Mumbai. She is now staying with my infant daughter and old aged parents in the said place. Although I have been requesting several times for my transfer to Bhubaneswar since last 1 year on spouse's posting ground referring DOP&T F No. 28034/9/2009-Estt(A) Dtd. Sept. 30, 2009 and being an SC candidate referring DOP&T O.M No. 36026/3/85-Estt (SCT) Dtd. June 24, 1985 which clearly advised senior formation to desist from posting sc/St employees to far flung areas or at insignificant position, yet after waiting such a long time I have received a reply on Sept. 06, 2017 that the transfer committee could not accede to the request and nothing has been explained regarding the disapproval. I joined Mumbai on Sept. 28 , 2014 and about to complete 03 years of service in Mumbai, however most of my juniors who are one rank below to me and joined Mumbai much later than me have got their choice transfer,even one my junior got her transfer to Jaipur,Rajasthan on account of spouse's (IPS officer) posting. Presently most of the married couples of my batch and other batches of my Dept. are posted at one station, hence this kind of apathy by senior formations towards my case has compelled me to feel being discriminated and my problems are being deliberately ignored.
Hence I shall be grateful for your kind suggestions in this regard.
With Regards,
Jagannath Prasad
M Singh
06 September 2017 at 17:43
Case is pending before labour court tribunal and at the stage of evidence. There are 6 Respondents/management party in the case and 4 respondents have given their authority letter that their advocate will appear on their behalf before the court but 2 respondents have not given any authority letter or vakalatnama. My query is that such respondents/management who with their cleverness misleaded the learned court by not submitting the remaining 2 authority letter and apart from that they were also not ex-parte in the case. Against such respondents/management what action can be taken and whom it can be reported as the case is going for some appeal/revision before high court can this matter also be brought to its notice.
harendrasinh
06 September 2017 at 14:28
I filed the case Under S -33C (2) Recovery.
I was Dy. G.M. ( P & A), one month salary were due including Bonus, Lta, which is the part of Salary.
Labour Court vadodara has given the Ex-patre Judgement in favour of me,Stating that oponent shouls pay the dues. only once written statement submitted by opponent, stating that this court has no jurisdiction and applicant is not coming under definition of worker.
2. After Verdict Co. filed re-opening of case under Sec- 26(A). Co. Lawyer has Submitted H.C.& SC Judgements stating that Labour Court has no power to decide Bonus and when applicant status of worker is a dispute. Guj HC 2005 LLR-87,Guj St. Vs Devji
bhai tapubhai. SC{C.A. No.6550/99 dt.14 Nov 2000, SBI Vs Ramchandra Dubey & Others.
3. besides under S-10(1)of 1947, Applicant has to prooved his Pre-Existing right.
4. Has labour court given the right Judgements, first in favour of me and later
in favour of Opponent.
5. Opponent submitted the reply in first hearing but later not represented by Lawyer or self.if labour court has no power than why took the case in his court being a judge,wasting of time.
6. Now should i file a Suit in Civil District or Highcourt under Article 226 and under which Act & section, pl guide
Me.
7. I am Ex- Serviceman and Advocate too, but has no practice as served in Co’s, hence you are requested to guide in fraternity.
Harendrasinh.
Basavaraj
06 September 2017 at 12:10
Hello, An individual case under 2A ID act, is converting management grade employee to labour by CPSU, the same conciliation is done by Asst. Labour commissioner and failure of conciliation(F. O. C) recommend by DyCLC to Ministry of labour, under ID act. Now, after the legal cell screening the case details, the same is referred to CGIT or labour Court. The individual case under ID act is scrutinized by 3 levels at ALC, dy.CLC and ministry of labour, at this stage, shall any one presume, the case is almost done with formal hearing by preceding officer at CGIT... OR if, same is declined by cgit.. Then whole recommendations of ALC, dy.CLC and ministry of labour goes against the cgit decision and the only preceding officer knows the ID act and rest all fools in ministry of labour?? request opinions and comments.
Anonymous
06 September 2017 at 04:54
Sir, From state govt service myself joined through direct selection to central govt job in 1985. Got direct selection as Assitant Director post in 1988. My first promotion as Dy Director in 1994. Got first MACP in 2008. Could I count 1985 as my entry cadere for counting 30 years for 3 Rs MACP? Kindly advise & obliged. With regards. George
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