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HAROON RASHID SIDDIQUI   05 September 2017 at 17:09

Mental Harrasment

I am employee of united bank of india joined on 10-06-2013.I being mentally harrased and ill treated by some of the higher officials.I belong to chhatarpur mp.I am keep on transferring in evey one m half year by them.I recently appeared in pramotion exam where i was failed ininterview despite scoring 71 out of 100 in written exam.They did not publish any all india merit list of successfull candidates so I filed RTI to know where i was lagging behid than i cam to know that i was given only 08 marks in interview. In the contrary they transfer me all the way to CHAMPAI in mizoram stats from bhopal.I was supposed to be married this month on 11 september 2017in gwalior but someone from the bank spread the remour that my job is in danger therefore my marrige is cancled.I had given the representation to the CMD of the bank about my pramotion and transfer but no action has been taken.My dignity has been demolushed in society since my marrige is cancled.I want to send a legal notice to the people who are responsilble for this.They call me mentally sick publuclicly on whatsapp group and over the phone.I have all the proves.Please suggest me how to send them a LEGAL notice.

Anonymous   05 September 2017 at 15:05

Pay protection and regularization of past services

Dear Sir,

I am recomendedfor appointment to the post of TGT(Comp. Sc.) in Govt. Of NCT Delhi in the Basic Payof 9300-34800 + Grade pay of Rs 4600.

At present, i have been working with Govt. Of India, Min. Of Defence in the same basic pay and grade pay(9300-34800 + Grade pay of Rs 4600) and completed 2.5 years of service. Two increment was granted in the month month of July corresponding in year 2016 and 2017.

I had applied for the above said post through proper channel and wish to join the new post(TGT Comp. Sc.). Before joining, I need to know:-

1. Whether i shall be eligible for the Pay protection or not in Govt. Of NCT Delhi? If yes, what salary i will be drawing at the time of joining the new post?

2. Whether my past service from Govt. Of India will be counted/regularized in Govt. Of NCT Delhi or not for calculating the benefits.

3. What are the pros and cons in joining the new post, specially in terms of Service regularization and pay protection.

Kindly requesting you to suggest the possible wayout

harendrasinh   05 September 2017 at 14:16

Under article 226 at ahmd or civil suit at baroda.

I filed the case Under S -33C (2) Recovery.
Labour Court vadodara has given the Ex-patre Judgement in favour of me, only once written statement submitted by them, 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.

Anonymous   05 September 2017 at 12:47

Case referred at CGIT

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.

shyam   04 September 2017 at 16:22

My self shyam please help me what should i do..

Respected dear lawyers

joined 21 agust 2015. or last date December 2015

I am in problem what to do pls give me valuable suggestion
I worked in a real estate company in sales manager profile. Having a offer letter too. Company gives me late salary app after 25 days. When I demand my salary on time after few month companies told me to go. Same thing happened with my colleagues after some time I came to know that company did same thing with so many candidates just get works and don’t give salary.
Note- working hours of company was 10am- 8.30 pm
Company cut EPF of other employee but not mine (can I take action on this side)
I am having three month salary pending and petrol
When complaint goes to labour department. Then labour officer visit over there. company representative refused to give my attendance (thumb and register also) or said that I have done app 45 days or get paid with showing salary ledger.
Labour officer asked me about that u have any proof that u have worked three month more
I shocked and you all know how is our system is corrupt. Or told that your salary is above to 21k. so u r not under 1936 labour act. Or go to civil court.
I become hopeless but still fighting for my hardest money
How can I take action on this pls clarify……………………….

Neeraj Kumar   03 September 2017 at 22:34

Salary pf gratuity not paid by employer after resignation

Sir
I have resigned from my post and served a notice period also and as asked by colleague i have handed over everything to him..now after leaving my boss has threatened that he will take the revenge of me leaving the organisation..everyone has signed the clearance certificate but he has nit signed stating the reason that i have to handover him all these things(all these are verbal communication between HR and my boss)my boss only wrote me an email to meet him..i asked him a date and did not responded to my mail..now after 4 months also the company has not paid me my salary,pf, gratuity,leave encashment and has neither issued the relieving certificate..what should i do now..

Debojyoti   03 September 2017 at 20:17

an epf and aadhaar related query. a valid question regardin

Dear Respected members of this community,
I have a question and hopefully it's valid and hopefully I will receive some genuine answers from the senior members of this community.
I have a UAN no which is not linked to Aadhaar. I know there are some facilities I'm deprived of due to non-linking of Aadhaar. But my query is different.
Suppose the subjudice matter of mandatory Aadhaar linking decision goes in favor of GOI and Aadhaar becomes mandatory to be linked with UAN can I take a stance that I'll not link it.
Because as per Aadhar act,2016 since GOI is giving 1.16% of my basic from their consolidated fund they are supposed to ask me to link my Aadhar, but what if I don't want that money from GoI? Can I opt out of linking Aadhar? I know when I became a member of EPF automatically I became a member of EPS and Aadhar linking is mandatory for EPS. But like any other subsidy or welfare schemes in this country I should have the choice to opt in or out of it. I can claim LPG subsidy, on the other hand I can opt out of it, if I wish why can't I opt out of that 1.16% of govt money?
As per my understanding I can't opt out of it, and therefore I have to share my Aadhar, isn't it forceful submission? Shouldn't I have a choice whether I want it or not?
I'm telling again that I very well know the facilities come along with the linking, so please don't tell me about the facilities. My only concern is related to this forceful submission.
I would like to hear some genuine understandings from the senior members.

RAFEEK M   03 September 2017 at 12:52

Regarding gratuity

Dear Sir
I a have joined with a private company on 2nd May 2011 and relieved on 20-07-2016. But for the first year i was on contract. Considering all i have serviced the company for 5 years and 3 months. But the HR department says that as i have gone through only four years excluding the one year of contract, they can't give gratuity can any one clear this with our law. I served with the company in their Marketing and Administration Department.
I would like to know that weather the gratuity is only for the five years with out contract period.

Please help
Regards
RAFEEK M
09744125242

Anonymous   02 September 2017 at 22:12

To know about selection process

Sir,
I have applied for a govt job
In advertisement:
Qualification was bachelor in veterinary
*phd & master degree holders were in prefential criteria
Now the commission has called students for direct interview in which:
General - 75% above ( either in bachelor or master degree)
Sc//st/bc- All eligible for interview
PhD- all eligible for interview
My query is:( I am not having more then 75% in bachelor & master degree )
Where is the preference to master degree holders
whether it is not mandatory to call three times the posts in advertisement
whether the preference is to be given to PhD students only (as the same is to be given to masters also as given in the advertisement itself )
whether the% criteria is only for general category students only


SSRAO   02 September 2017 at 18:56

Claiming gratuity after 27 years

Sirs.. A terminated employee has submitted form N before Controlling Authority after 27 years that he has not received Gratuity from the company...citing no reasons of delay and also not submitted any documents such as termination order, payslip, id card & no valid documents to ascertain whether he was employee of this organization...The Controlling Authority has issued FORM "O" Notice for appearing before the authority. What will be reply against such notice..can management engage Advocate? .