Anonymous
05 August 2017 at 17:31
Dear Sir,
I am working in a company in Jalandhar. Our sales manager sometimes misbehave with his subordinates with vulgar language, sometimes he give jolt or even give a slap to his juniors. His juniors dont take any action against him, as they want to save their job. i have query with experts:-
1) where can we file complaint against him (labour court or session court).
2) cctv footage is sufficant proof or we have to collect some more prooofs.
3) what kind of punishment, he can face if we prove it by cctv footage.
Please suggest
Thanks in advance
Amit Kumar
Greeting to all members,
I wanted to know that how to calculate bonus on the lump sum amount of salary. I have case of an employee who is working since 1997 in a proprietorship firm. His salary was not bifurcated till FY. 16-17. He was getting salary in lump sum as mentioned below:
Years Salaries Annual Salary Bonus Payable @ 8.33% Limit according to Bonus Act 1965
Nov, 1997 2138
May ,1998 2138 25656 2,137.14 Where Basic is less than 3500
May ,1999 2352 28224 2,351.06 Where Basic is less than 3500
May ,2000 2587 31044 2,585.97 Where Basic is less than 3500
May ,2001 2846 34152 2,844.86 Where Basic is less than 3500
May ,2002 3131 37572 3,129.75 Where Basic is less than 3500
May ,2003 3444 41328 3,442.62 Where Basic is less than 3500
May ,2004 3788 45456 3,498.60 Calculated on 3500
May ,2005 4167 50004 3,498.60 Calculated on 3500
May ,2006 4584 55008 4,582.17 Where Basic is less than 10000
May ,2007 5042 60504 5,039.98 Where Basic is less than 10000
May ,2008 5546 66552 5,543.78 Where Basic is less than 10000
May ,2009 6101 73212 6,098.56 Where Basic is less than 10000
May ,2010 6711 80532 6,708.32 Where Basic is less than 10000
May ,2011 7382 88584 7,379.05 Where Basic is less than 10000
May ,2012 8120 97440 8,116.75 Where Basic is less than 10000
May ,2013 8932 107184 8,928.43 Where Basic is less than 10000
May ,2014 9825 117900 9,821.07 Where Basic is less than 10000
May ,2015 11000 132000 9,996.00 Calculated on 10000
May ,2016 12100 145200 9,996.00 Calculated on 10000
May ,2017 13310 159720 9,996.00 Calculated on 10000
This is what I have made a calculation of his bonus payable for the entire period of services. Please rectify if it is wrong. And suggest the right and appropriate case.
As he is not been paid any amount of bonus in any financial year. Please tell, is he eligible for the bonus upto date from the past years of his services or not ?
Ashish Nirala
05 August 2017 at 05:53
My service with Private Limited Company is 4 Yrs and 8 Months (Approx)- DOJ 01-Nov-2012 and Date of Relieving is 08-Jul-2017.
whether i am eligible for Gratuity or not
if yes then let me know the rules if not please let me know why
Ur valuable comments will be appreciated..
Anonymous
05 August 2017 at 05:47
My service with Private Limited Company is 4 Yrs and 8 Months (Approx)- DOJ 01-Nov-2012 and Date of Relieving is 08-Jul-2017.
whether i am eligible for Gratuity or not
if yes then let me know the rules if not please let me know why
Ur valuable comments will be appreciated..
Anonymous
04 August 2017 at 23:14
We( 5 People) were Working in a company of Delhi.so Our 4 Months salary (Salary is incremented by company but they did not transferred it to our bank account ) is Due.So we have already filled a Case in Labour Court. Now judge is biased he not listening us.he is harassing us in Court. We have all the evidence, Papers,Proofs, Even Company is accepting we are there employee.but they are not accepting incremented salary Last year another judge passed the order with incremented salary + 50% penalty on them. Now company is applied for "Set Aside Order". Later we get to know about it. now again our case is starting from beginning. Now judge is transferred new judge is biased. he accepting and listening only company. Now he is saying just compromise on old salary( no penalty fee + No Increment + No full Payment ......etc ).. But we want incremented salary. please let me know what should we do. I am from Delhi.
Case Details :
1- Case filled in labour Court on October 2015.
2- Labour Court Passed the order against company with 50 % Penalty on company with incremented salary on March 2016
3- Case moved to civil court for recovery
4- Set aside order on November 2016.
5- Old Judge Transferred
6- New Judge is Biased
7- Judge is saying we will transfer you case to another state because of judicial is not in delhi . even company Head quarter is in Delhi. we Worked in another state. if judicial was not in dehli. then what we were doing in labour court since 1 year. Why did you accept the Case.
1- Can we transfer the Case in Civil Court.
2- Can we do something against Judge
3
4- Any suggestion. please help us.
Ashish Nirala
04 August 2017 at 21:33
My service with Private Limited Company is 4 Yrs and 8 Months (Approx)- DOJ 01-Nov-2012 and Date of Relieving is 8-Jul-20117.
whether i am eligible for Gratuity or not
if yes then let me know the rules if not please let me know why
Ur valuable comments will be appreciated..
Hi,
I would like to know that if an employee has absconded from the organisation how and in what legal way company can recover the mobey. Incase if you have any related document,please do share on my id nirzari.sen@springernature.com
Regards
Nirzari
Can I file the petition in Courts regarding the execution of High Court Orders. If company has not executed the High Court Order correctly and interpreted the order as per their convenience. What type of petition can be filed in court of law.
Abdul
03 August 2017 at 15:12
Dear Sir,
In current company, notice period is 2 months.
I work as a BDM, reporting to managing director.
Since January 2017, due to receiving monthly salaries very late (like getting paid for last 2 months salary in the 3rd month) due to which i am unable to handle it further.
I have decided to look for another Job as my June and July Salary is still pending.
I got selected in a company, but they need me to join in 30 days time.
1. How to initiate communication with my current HR or managing director?
2. Is it ok to talk face to face or to write an official email?
3. My current contract does not disclose any information about buyout option, what will be the method for me to follow?
Thanks
Abdul
Challenging cat judgement in high court
Recently My Original application (service matter) filed with Central administrative tribunal Bombay was dismissed. I wish to challenge this CAT judgement in high court. However my lawyer is suggesting that I should file a review petition in CAT bench (which delivered this judgement) and then challenge it in high court. I would request the legal experts to kindly answer my following queries.
1) Is it a mandatory technical requirement to file a review petition in CAT before challenging the judgement in high court?
2) If I directly challenge this CAT judgement in high court will the high court ask me to go back to CAT bench for review before admitting my petition?