Anonymous
24 August 2017 at 15:07
Deaa sir/mam
I was the confirm employee with limited company. Company revoke my(others people) HRMS(online attendance system) and email id on 6th May 2017, i mark a mail to regional HR as well as my sr manager regarding matter on 10 may 2017.They dint open portal again.In the month of May 2017 attendance raised and approved by my manager on behalf of mine with approval of zonal HR. I raise the resignation on 01Jun 2017 with 30 days notice period..i serve my notice period but could not punch my attendance because attendance portal was blocked till 30Jun2017. Zonal manager give me the assurance they will approve the attendance.
On 24 August 2017 i got F&F sheet they raised recover on me ..remark reason is giving 30 days notice period recovered. I have sufficient proof on mail from 10 may 2017 to Jun2017. what should i do please help me.
Sharmas
24 August 2017 at 12:17
An employee was leveled false criminal charges by his employer (Govt organisation). After the full trail , the Hon Court honorably acquitted the employee ( who retired in the meantime) .
The employee submitted his bills for reimbursement of the amount spent by him for defending his case which includes legal expenses and leave encashment for the days he availed leave to attend the court proceedings and TA/DA. The employer paid him the TA/DA but did not reimburse the legal expenses and leave encashment. Employer did not inform him the fate of reimbursement of such expenses. despite repeated reminders for one year.
Can the retired employee file the petition with the Court for Mandatory injunction in this case, to ask the employer to reply in the court either to pay or reject the claim.
Rahul Kumar
23 August 2017 at 17:49
Dear Sir,
With due respect, I want to state that I was not allowed to join in a Central Government Organisation due to some confusion on the part of the department despite the fact that they issued me an "OFFER OF APPOINTMENT" which was accepted by me in due course of time. I also reported to the office within time. Now, they have corrected themselves and allowed me to join after an year.
Now, I want to wait until completion of my probation i.e 2 years before filing a case in CAT For compensation and seniority.
Thus, I want to know the maximum time period to file a case in CAT for this issue.
Thanking you.
Anonymous
23 August 2017 at 10:42
Sir,
Due to failure in conciliation proceedings my grievance has been referred to Central Govt. Industrial Tribunal by Conciliation Officer. During first hearing date I have submitted my statement of claims, but no one came from Management side for the first court hearing.
Sir, kindly guide me;
(i) In the event of non attendnace from Management side in the first hearing, Will CGIT send Notice along with my statement of claims to the Management?
(ii) Is in the second hearing, Management submit its counter claim ?
(iii) What is the step by step procedure in the CGI (like submisison of statement of claims, counter claims, rejoinder, workman evidence etc.) and how much time will be given in between in each step
Kindly guide me.
praveen
22 August 2017 at 10:33
Respected Sir/madam
I have been working in an autonomous body under HRD Ministry of Indian Government since July 2015 on regular basis . Before joining this job I had applied Lecturer job in a state government and appeared in writen exam in January 2015 while I joined my current post in July 2015 . Now result has been declared . Should I mentione my experience in attestation form . Will my current employer issue NOC for it ? If that does not issue NOC ?
inderjeet
21 August 2017 at 21:59
If labour court decide only one issue and dismiss the case. Can I file special leave petition
Anonymous
21 August 2017 at 20:41
My father was an employee of SBI (PF index no 1594230) last posted at Faridabad main branch (Br. Code 0734) as Dy. Manager died on 20/01/2005 while on service. He had made me nominee in his terminal benefits as son. At the time of his death I was minor of 14 years of age.
2. When in 2008 I became major I claimed amount of PF on the credit of my father in July 2008. One of my four step sisters named Deepti Gupta filled a suit of declaration with temporary injunction in March 2009 at District court Faridabad. Bank stopped all processing for payment but neither told me about that they have sanctioned the amount but can’t pay because of court orders nor court about any sanctioned amount. They also haven’t told me why they can’t pay any amount to me.
3. Said case was dismissed by the Honorable court of Ritu Yadav with a direction that “The Law in this regard is very clear that the gratuity and other benefits shall be given to a person who is either nominee of the deceased or have a valid succession certificate.” with this direction I again claimed PF in 2015 and bank paid me amount which was sanctioned in 2008, no interest paid by bank as the amount lies with the bank whole time while the pendency of suit in court.
4. After onward I claimed for gratuity and family pension as per SBI clauses and nomination, on which bank told me verbally that my sisters have again lodged an appeal in upper court so they can’t process my application. So I wrote a mail to them requesting them that if any competent court of law has issued a stay order on lower court judgment then you can stop my applications otherwise SBI has to follow the direction of law cleared by lower court judgment. On that letter PPG Department of SBI Delhi Circle situated at Parliament Street email me on 19th May 2015 in which they told me about cases pending at district court Faridabad and requests me to submit my documents for claiming the amount. After claiming gratuity and family pension bank paid me gratuity in August 2015 and family pension in January 2016.
5. In November or December 2015 I claimed Exgratia scheme and interest on delayed payment of PF on which bank issued me a letter dated 20th January 2016 (wrong date as letter reached me on 15th January 2016) in which they told me about Law opinion of their Law Department that as per clauses of Exgratia if claimants have disputes among them then court orders are necessary for payment of Exgratia and they have taken the matter of interest on delay payment of PF and Gratuity to their controllers for consideration. I have also asked CGM (Delhi Circle) about what is Exgratia then Zonal Office Delhi Circle(SBI) situated at Parliament Street mailed me clauses of Exgratia and according to Point 3 of said clauses I am only person who can be considered as claimant so I emailed to C.G.M.(Delhi circle) and Chairman of SBI on 20th January for reconsideration of law Opinion as per their clauses only that person can be a claimant who is dependent on the employee and I am the only person who is dependent on my father as I was minor at that time so there is no requirement of getting court orders then on 2nd Feb. 2016 a manager named Mr. Surender Madan posted at NIT Main Branch Faridabad(0734) mailed me asking for Exgratia papers along with affidavit declaring that all of my sisters are married at the time of my father’s death so I sent them all required documents and affidavit which they(SBI) required.
6. On 8th April 2016 bank wrote me a mail in which they told me about interest on delayed PF and gratuity will be paid shortly and for Exgratia they required my identity documents because my sister is claiming me some other person in court. This requirement is raised by bank when they have already paid me three terminal dues and I even have a bank account in their bank in which they have credited the amount of family pension. However I submitted my identity document by mail.
7. On 28th June 2016 bank wrote me a letter that they are not going to pay any amount without succession certificate because it is the extract of lower court judgment (As per direction given by their controllers sitting at head office at parliament Street). I again asked them that they have already paid me amount of some of terminal dues as per same court orders how it can be possible that suddenly court judgment extract changed. Then on 15th March 2017 they again wrote me same wordings that they can’t pay any amount without succession certificate as per court judgment.
8. Apart from this my father also has SBILIFE group insurance policy linked with his PF Index No. SBILIFE releases that amount to SBI in 2010 after 5 years of death of my father and case was pending at District Court Faridabad. Now on 12 May 2016 SBILIFE issues a letter to SBI to Release the amount in my favor as per clauses of said policy but SBI is also not releasing that payment to and asking succession certificate by letter dated 28th June 2016 and 15th March 2017 where as I have nomination in said policy too.
9. At present my economical condition is poor that I have no job from last 2 years and have no source of income from last year as well. Right now I am staying with my In-Laws in Nagaland and my Father-in-law is taking care of all of my expenses. He is retired person and having responsibilities of 6 persons including me and my family.
So I request you to please provide me legal aid and your kind help for getting my legal dues from bank.
I would be Grateful to you for this.
subbarao
21 August 2017 at 18:49
DearExpert
Kindly advise me whether pf is applicableor not for LABOUR CHARGES PADI OUT SIDE FACTROY EVEN THOUGH THERE IS PROPER DC & BILL, & MAN POWER IS LESS THAN 10
IF APPLICABLE PLEASE QUOTE RULES & PARAGRAPH
WITH REGARDS,
V.SUBBARAO
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Epf registration and generation of uan of new employee
Hi Concern,
I CA. Aman Mishra would like to request you please help me in below mentioned concer.
1. We have new joinee has its UAN genrated by her previous employer.
2. She left the previous company and joined us. But on PF portal we are unable to register her as our employee because of some name mismatching and other issues.
3. Can we generate a New UAN considering/assuming that she was not employed anywhere else earlier...?
Please help me in above in the light of statutory provisions.