PREM SINGH MEENA
24 March 2017 at 17:27
Respected members,
I am in need of your guidance in the following matter :
I was working in a Central Govt. in Level-7 and drawing basic pay 50,500/-. I have been selected through Direct Recruitment in Level-5 in another central govt department. I have been relieved on 31.08.2016(AN) by my parent department with permission to lien as per govt. rules and now I joined new deptt. on 01.09.2016(FN).
Kindly guide me what will be my protected basic pay and DNI in new department.
Thanks in advance....
Regards,
(PREM SINGH MEENA)
Vijaya Bhaskar
24 March 2017 at 14:07
Dear Experts,
A Staff, who was responsible in handling cash was found in misappropriation of funds. The same was brought to the notice of the management. On the same day the management had discussions with the staff and during the discussion the staff pleaded to avoid legal proceeding against him and as it affects his future however, admitted to repay the funds misappropriated. Keeping this in view, and his future career, the management declined to proceed legally and now seek your kind suggestions in this matter how to go about.
What kind of agreement could be executed between the organization and him for the amount.
1. Can we have a promissory note from him with the following matter?
2. Can we have blank cheques from him as a security for the payments.
3. Or any other alternative remedy to receive the funds.
Promissory Note
I, Sri. _____________________ S/o. _________________________
promise to pay ____________________________ or order, the sum of Rs.________ (Rupees ______only) towards the financial irregularities occurred during my tenure as accountant.
Please suggest.
Azim A. Charania
23 March 2017 at 11:59
Respected Forum Members
With due respect to you and to your Chair, Need your valuable Views on the above captioned subject matter on my queries listed after brief history of our Factory / Establishment.
We are Private Limited Company having Registered Office at Mumbai Maharashtra, having Pan presence Plant ( Factory) & Office dealing in the business of Oil Blending and refiling of Lubricant Oil and Gas ( LPG ).
In term of Section 2 A of the Industrial Disputes Act , 1947. from our perspective Appropriate Government in our case is Central Government. As we dealing in business which is related to Oil Industries
We have entered in to the Service Agreement with Private Security Agencies for providing security services for our Pan Presence of Factory and Offices which is coming to end by 31st March 2017.
Due to increased in Special Allowance / VDA Notified by State Government / Central Government every Six Month, Private Security Agencies are raising bill demanding difference in DA / Special Allowance.
As per Central Government Notification 2233 Dated 18th September 2008, as per Explanation for the purpose of Notification at Serial number 2 & 4 which read as follow
(2) Where the Existing rates of Wages of any employee based on contract or agreement or otherwise are higher than the rates notified herein, the higher rates shall be protected and treated as minimum wages, applicable for the purpose of this notification to such employee.
(4) The Minimum rates of Wages are applicable to employees employed by Contractors also.
Now the September 2008 Central Notification is superseded by Central Government Notification Dated 19 Jan 2017. number SO 191 E.
As per Explanation for the purpose of Central Notification dated 19 Jan 2017 at (c) & (f) are same as of Serial number 2 & 4 of Central Notification 18th Sep 2008
Further Explanation (j) Central Notification dated 19.01.2017 which read as follow.
Wherein in any area the minimum rates of wages fixed by this notification are lower than the minimum rates of wages fixed by State Government for employees of the aforesaid employment in relation to which the State Government is the Appropriate Government, the rates of wages fixed by the State Government shall in respect of these areas, be deemed to be the minimum wages payable under this notification.
Q Who will be Appropriate Government State Government OR Central Government in our case?
Q Does above Two Notifications are applicable to us as we are Principal Employer & Not the Contractor ?
Q Which Notification we have to follow State Government Notification OR Central Government Notification with regard to Explanation (2) of 2008 notification &(j) of Notification 19.01.2017 attached as above of Central Notification for paying Minimum rates of Wages?
A line in reply is appreciated for such act of kindness I remain indebted to you.
Thanks and regards,
Anonymous
23 March 2017 at 10:24
Respected Experts, I had joined this organisation which is based in New Delhi at their branch in Kolkata in May 2016. They had only given me the offer letter which I duly accepted and had joined but never was provided with an appointment letter and even after requesting many times they did not send the same. The branch was just a godown and all the previous staff had quit but then even I continued and started working. My reporting boss was the CEO of the company based in Delhi. The problem was that the salary credited to us by 20-25 of next month. Which continuously was delayed even after requesting them to pay the salary on time. Later on I got to know this was in practice in the company and even my boss would not listen to me over email, phone or on personal visit and would always reply I will see. Thus not been able to continue with the possibility of delayed salaries I quit in January 2017 on 6 th January. After that I have been requesting them to clear my December month Salary and my travelling and conveyances expenses. But they are avoiding as usual my emails and calls. Please tell me how to recover my dues from them ?
Tinku Tinku
22 March 2017 at 21:37
Can an employee tender resignation during a preliminary enquiry in his office?
Jatin Shaw
22 March 2017 at 15:32
Respected Experts,
I had joined this organisation which is based in New Delhi at their branch in Kolkata in May 2016. They had only given me the offer letter which I duly accepted and had joined but never was provided with an appointment letter and even after requesting many times they did not send the same.
The branch was just a godown and all the previous staff had quit but then even I continued and started working. My reporting boss was the CEO of the company based in Delhi.
The problem was that the salary credited to us by 20-25 of next month. Which continuously was delayed even after requesting them to pay the salary on time.
Later on I got to know this was in practice in the company and even my boss would not listen to me over email, phone or on personal visit and would always reply I will see.
Thus not been able to continue with the possibility of delayed salaries I quit in January 2017 on 6 th January.
After that I have been requesting them to clear my December month Salary and my travelling and conveyances expenses.
But they are avoiding as usual my emails and calls.
Please tell me how to recover my dues from them ?
Raj
22 March 2017 at 00:05
Dear all,
Kindly support me by your valuable advice as I was working with Idea for last 6years 6 months precisely.
My immediate senior was expecting 1 lakh rupees and wanted a girl for a night against my appraisal which I have not provided . So he created conspiracy with the support of my juniors stating allegations of taking 500 for approving their tour claims.and rs 20000 for the transfer of one Territory sales executive.
This was with support of my immediate senior who was once equal to me in designation and he was promoted and then posted as my senior But kindly note still his package was lesser than me.
Also he has some grudges from earlier stint where we worked together in same company as I already mentioned.
After these charges I was served Show cause notice and was asked to reply within 3 days ,I replied properly stating that these all allegations are wrong and it is just conspiracy against me.
After the show cause reply after 15 days there was cross one to one enquiry in which 4 tse were called and were asked to confirm the allegations, two TSE straight away denied to give any amount to me for any work and one TSE changes his statement that I complained wrongly earlier now I am confirming that no money was given for any work.Fourth tse told yes I have given money rs 20000 for transfer and 500 for approving claims.
i objected strongly but HR head had not given any attention to my points.
After 45 days I was called to circle office and was told to sign termination letter .
Which I had not signed then they sent that letter on mail.
I requested all my seniors at Indore and Mumbai but they didn't support me.
After wards I sent several mails to my seniors ,MD, HR national head,Group HR head but no one replied except Group HR head ,he stated I am seeking details from Idea again after my request he replied there are written complaints against you so we can't help you.
Even then I sent more mails to give me a opportunity to put forth my points but they have not given any chance to me.
I personally met circle hr team and requested to kindly consider my points which clearly shows that it is conspiracy but they have not heard and told me now we can't help you.
After my termination the tse who changed his statement during enquiry called me one day and asked sir if that tse who complained for rs 20000 changes his statement will your job be reinstated I said may be ,then he told he need 4 month's salary from you after thinking I said ok but that day he didn't change his statement then again after few days he came to my home and told he will revoke his complaint if you give him money ,Since HR team was asking some evidence so we thought of giving cheque ,we said ok we will give cheque he demanded 70000 amount cheque and i gave my wife's cheque which he took in his wife's name.
Then again he showed it to HR that i bribed him to change the complaint.
Thus I caught in conspiracy and now he is not returning cheque & asking money from me for returning the cheque.
Sirs I request you to kindly help me as I am the only earning person in my family where 9 dependents are there,my parents are old and I don't want any botheration in their mind.
I lost my 7 years old job ,and it has been Assassination of my 16 years career .
You are requested to kindly support me by ur vast experience advices.
1. How can I get reinstatement in company
2. What should be procedure to fight a case
3.Now HR is not discussing my query they have told to discuss with legal officer,who is telling now that no avenues are left in company if you wish you can try in court.
4.Sirs Is there any court or any competent authority where I can urge to consider my points also as there are no evidence of allegations against me.
Even if needed I would go to prime minister office ,Chief minister office or any other responsible person who can justify the situation.
Why company is not bound to take humanitarian approach if there are no evidences.
When there are no evidence of financial transaction then how can company terminate an old employee on the basis of just written complaint.
Is there no authority in India where my case can be fought .
I am again and requesting I have not taken any money but my seniors are not believing me.
Even they are not ready to listen to voice recording of employees which are in my support.
When I asked to provide the detail of Cross one to one meeting HR has denied to provide stating the reason that we can't put other employees life in risk.
Also they have not shared their final report of enquiry on what basis they have terminated me when I asked hr told we have provided in show cause notice.
Can't we go for criminal case against the seniors who demanded money and girl.
Can't these tse should be covered under criminal case as they have ruined my life ,career .
Sirs please provide me support and way forward so that I can get my job and can take care of dependents livelihood.
Regards
Neeraj Sharma
98264 70999
P.ESAKKIMUTHU
21 March 2017 at 20:45
I got an order of termination set aside by the Authority under TNSE Act,1947.No question of reinstatement/backwages is mentioned in the order as the Authority can only set aside the termination order. Whether Sec 15 of Payment of Wages Act can be availed of to get the benefit of back wages from the date of termination to the date of striking of the termination order. If so some citation must be furnished.
Dhavalkumar
21 March 2017 at 18:49
Hi, I working in C_DOT as senior research Engineer with pay scale BP+GP is 32320 as per sixth pay commission. Cdot is autonomous body of central government. I have resigned from my current organisation and joins ISRO. Where I have been offered BP of 56100 with 7th pay commission which is equivalent to (15300+5400) BP as per 6th pay commission. Am I eligible for pay protection and under which government rule ?
Thank you
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Trade union in sez
Sir,
Can the employees working in a company located in SEZ (Gujarat) start trade union, and trade union are allowed enter in the SEZs establishments
Akhilesh Mankodi
Sr. Manager - HR
Meghmani Organics Ltd.
Plot No. Z-31 & Z-32,
SEZ-1, Dahej
Taluka - Vagra,
Dist. Bharuch - 392 130.