chirag patel
19 February 2017 at 15:04
I HAVE BEEN APPOINTED IN ONGC IN 2000 ALONGWITH 577 EMPLOYEES. WE ARE GETTING ALL THE BENEFITS AND ALLOWANCES AS PER REGULAR APPOINTMENT. IN THE YEAR 2005 ONGC HAS CHANGED OUR SERVICE CONDITIONS AND MADE US TENURE BASED EMPLOYEES ON FIX SALARY AND FOR 4 YEARS. EVERY FOUR YEARS THEY GIVE US EXTENTION. WE APPROACHED TRIBUNAL FOR JUSTICE. I AM ALSO IN THE LIST OF 577 EMPLOYEES. ALL EMPLOYEES HAVE BEEN GIVEN EXTENTION IN 2009 ALONGWITH ME. IN THE YEAR 11 TRIBUNAL PASSED ORDER IN EMPLOYEES FAVOUR. ONGC APPROACHED GUJARAT HIGH COURT. IN THE MEANTIME THE NEXT EXTENTION OF TENURE OF 4 YEARS IN 2013, I HAVE NOT BEEN GIVEN EXTENTION WITHOUT ASSIGNING ANY REASONS. WE WON IN HIGH COURT IN APRIL 2013. ONGC FILED APPEAL IN DOUBLE BENCH AND LOST. ONGC FILE APPEAL IN SUPREME COURT AND SUPREME COURT DISMISS THE ONGC APPEAL AND ASKED TO IMPLEMENT THE HIGH COURT ORDER. IN GUJARAT HIGH COURT ORDER IT CLEARLY STATES THAT FROM THE FIRST INSTANCE OF TENURE IN 2005 ALL THE EMPLOYEES WOULD BE GIVEN REGULAR APPOINTMENT. I AM ON THE ONGC ROLLS IN 2005. BUT ONGC HAS NOT CONSIDERED ME AND GIVEN ME LETTER IN 2015 THAT MY 2013 TENURE WAS NOT EXTENDED DUE TO UNSATISFACTORY PERFORMANCE AND SINCE THE JUDGEMENT OF GUJARAT HIGH COURTS HAVE BEEN CAME IN APRIL 2013 AT THAT TIME I AM NOT ON THE ONGC ROLLS AND THEREFORE THE JUDGEMENT IS NOT APPLICABLE IN MY CASE.
NOW WHAT LEGAL REMEDY I HAVE ?
CAN I FILE CONTEMPT OF COURT ?
THANKS
Manisha pareya
18 February 2017 at 14:36
Sir,
I am an ex employee of union bank of India, last posted at Parchoor in Andhra Pradesh . I resigned from my position as an assistant manager , giving 90 days notice period after all procedure of clearance I got the resignation acceptance letter on 14/02/17 from top management . My last working day was 17/02/17 but here some problem I am facing for getting the relieving order from my branch manager as in the relieving letter he is mentioning additional coloumn stating that if in future any irregularities found in auditing regarding demonetisation I will be held responsible for that. But this additional coloumn will be a question mark on my career graph if I go for another job. Kindly help how I can approach labou court to get the unconditional relieving letter.
Anonymous
18 February 2017 at 11:15
Hello..
Can any one help to understand self Termination or self abondment of Service or. Volunteer abondment of service or absconding from Service.
The exact type of termination terminology as per ID act, like discharged, dismissed , Termination etc.
I mean,the above act by employee can be termed as per ID act as discharged, dismissed or terminated etc,.
Thanks
Basavaraj
Ravi Goyal
17 February 2017 at 23:01
I am in private pharma company on the post of medical representative .my company gives us target from January from December means calendar year .there is an incriment according to our performance on the target .but incriment starts from April to march means financial year.in this way there is loss of first three months of hike salary for me if my performance is good every year...please suggest me that is that wrong or right .
C.P.Arora
16 February 2017 at 21:01
R/Experts, adverse remark in ACR 'Integrity doubtful' recorded by reviewing authority not reporting authority in 2010-11without any enquiries etc, expunged in 2013 but communicated in Sept, 2016. Due to this ACP scale due from June 2013 withheld and sanctioned in Feb,2017. Pay revision n arrears from 2013 getting now. What course of action for interest on arrears n defamation / harassment against erring reviewing authority can be taken.
Regards
C P Arora
Lecturer, Technical Ed Deptt, Haryana
Vijay Lichade
16 February 2017 at 12:28
If any employer release the circular regarding the extension of notice period in second week of any month & write as effective from 1 st date of that particular month,is it legally valid?
My bro resign on 6th feb & HR dept mailed the circular of extension of notice period from 1 month to 3 month on 8 feb,simulteneousely ask my bro to continue the duty for 3 months,is it legally valid ?
Pl, suggest wht to do in this case ?
(They may hold his PL-money,gratuaty,etc)
raghavendra
15 February 2017 at 17:37
Dear Seniors
kindly provide some following judgement please
1. Can Disciplinary Authority can change the proposed punishment after second show cause Notice?
2. judgement pertaining to QUASH the charge sheet issued by the employer which is against the standing order at the stage of second show cause Notice.
3. meaning of declaration/information, whether it may be oral or written.
Snmurthykala
15 February 2017 at 08:28
Sir,
We see a ray of hope!
This is to bring to your kind notice that I served in an NGO Hospital
for 6 years and resigned 9 months ago. My salary breakup was as under:
Basic Rs.6660-80
HRA Rs.2664-32
Special Pay Rs.7326-88
--------
Total Pay Rs.16652-00
--------
I request you to clarify as to whether the "SPECIAL PAY" be considered as "GRATUITY" calculation component since my ex-employer stating that 'Special Pay' cannot be considered as part of Gratuity Component hence, will be calculated
on the basis of the 'Basic' only.
Kindly advice terminology 'Special Pay' be considered in the absence of the terminology 'Dearness Allowance'. Look forward your kind support and clarification that will benefit about 250 employees those who are working in the hospital never ever aware of the Eligibility Criteria of Gratuity.
Best regards,
KS Murthy
kumarjainn
14 February 2017 at 23:39
sir
I have posed this qs earlier also in the year 2011 now I am again coming with new question in this judgement in my case No. 4545/2000, Delhi High Court.
I was not considered for promotion in the year 1998 from the post of Sc.'C' to Sc. 'D' due to wrong implementation of the rules. I filed a case in CAT. Finally in the year 2011 i succeeded in High court and the judgement was delivered as below. However in the meantime I got promoted from Sc. 'C' to Sc'D' in the year 2001 and subsequently I got promotion as Sc. 'E' and Sc. 'F' . there is contradiction in para 8 and para 9 of the judgement. The last two para 8 and 9 of the judgement are given below:
Para 8.Since the petition filed by the petitioner succeed on this ground itself, it is not necessary to deal with the other contention rested on the retrospective operation of the said rule. Accordingly
W.P. (C) 4545/2000 Page 12 of 12
rule is made absolute. The impugned judgment dated 1st May, 2000 passed by the Central Administrative Tribunal is hereby set aside. The O.A. filed by the petitioner before the Tribunal is allowed. As a consequence, direction is issued to the respondent to reconsider the case of the petitioner by holding review DPC and if found suitable for promotion, the petitioner be accorded promotion to the post of scientist "D‟ with effect from the date his juniors were promoted on the basis of Internal Screening Committee which was held on 1st July, 1998.
Para 9. We are informed that the petitioner was subsequently given promotion to the post of scientist 'D‟ w.e.f. 1st July, 1998, he shall be given arrears on repromoted post from 1st July, 1998 to 30th July, 2001 and shall also be entitled to consequential benefits of seniority and promotion etc.
10. Since the respondents have not appeared, no order as to costs.
(A.K. SIKRI) JUDGE (M.L. MEHTA) JUDGE JULY 7,2011 skb
Note: there is a typing error in para 9 in place of (w.e.f. 1st July, 1998 it should be 1st July, 2001)
From the above it is clear that Paara 8 and 9 are contradicting. Paara 8 says that to consider my case for promotion in the year 1998 on the basis recommendation of the review DPC.
And para 9 says to as I am promoted in the year 2001 I should be given promotion w.e.f. 1998 with arrears and consequential benefit. That is Review DPC/assessment is not required.
The department implemented Para 8. I was directed to appear before the Review DPC for the year 1998. Then I received a letter intimating me that the review DPC did not find me fit for promotion in the year 1998. I was not given promotion from the year 1998 etc.
The department implemented the para 8 of the judgement no doubt. fine
But department has not implemented the Para 9 of the judgement according to which since i was promoted to the post of Scientist 'D' in the year 2001 I should have been given promotion from the year 1998 with arrears and consequential benefits.
This para does not ask for the views of review DPC. The result of 2001 has to be implemented with effect from 1998.
Thus Para 9 of the judgement has not been implemented. IS it a fit case for filing contempt of court or not. If yes,
can I file contempt for not implementing para 9 of the judgement now after a delay of five years. pl advice.
In fact department should have implemented para 9 of the judgment which is final para of the judgment. In case department department wishes to implement para 8 it should also implement para 9 of the judgment. my contention is Not implementing para 9 of the judgment is contempt of court.
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3months salary
Respected Advocates,
I had written last 4 months back where most
of the question not answered.
I really need is seriously you all interrogate!
pls find attach pdf file.and look in the matter.

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Labour, Mumbai
Case DetailsCase Type : Ref-IDA - Reference
Filing Number: 5100951/2014Filing Date: 19-07-2014
Registration Number: 5100176/2014Registration Date: 25-07-2014
CNR Number: MHLC01-001301-2014
Case Status
First Hearing Date : 25th July 2014
Next Hearing Date: 06th March 2017
Stage of Case: Evidence
Court Number and Judge : 6-Judge
Petitioner and Advocate1) Ms Jindal GSL Pvt. Ltd.
Address - Worli Mum. 18
Advocate- BHAT
Respondent and Advocate1) Aslam Khan
Address - Aminbad No. 36 Daulat Nagar Mumbra Dit Thane 400 612
Advocate - GEORGE MATHEW
Acts
Under Act(s)
Under Section(s)
Industrial Disputes Act, 1947 12(5)
History of Case Hearing
Registration Number
Judge
Business On Date
Hearing Date
Purpose of hearing
5100176/2014 Judge 12-11-2014 30-12-2014 Report
5100176/2014 Judge 30-12-2014 21-01-2015 Report
5100176/2014 Judge 21-01-2015 23-02-2015 Report
5100176/2014 Judge 23-02-2015 17-03-2015 Report
5100176/2014 Judge 17-03-2015 28-04-2015 Report
5100176/2014 Judge 28-04-2015 22-06-2015 Report
5100176/2014 Judge 22-06-2015 01-07-2015 Report
5100176/2014 Judge 01-07-2015 29-07-2015 Written Statement
5100176/2014 Judge 29-07-2015 26-08-2015 Written Statement
5100176/2014 Judge 26-08-2015 14-09-2015 Written Statement
5100176/2014 Judge 14-09-2015 21-09-2015 Written Statement
5100176/2014 Judge 21-09-2015 28-10-2015 Written Statement
5100176/2014 Judge 28-10-2015 30-10-2015 Issues
5100176/2014 Judge 30-10-2015 24-11-2015 Issues
5100176/2014 Judge 24-11-2015 12-01-2016 Issues
5100176/2014 Judge 12-01-2016 10-02-2016 Issues
5100176/2014 Judge 10-02-2016 09-03-2016 Evidence
5100176/2014 Judge 09-03-2016 17-03-2016 Evidence
5100176/2014 Judge 17-03-2016 29-03-2016 Evidence
5100176/2014 Judge 29-03-2016 26-04-2016 Evidence
5100176/2014 Judge 26-04-2016 15-06-2016 Evidence
5100176/2014 Judge 15-06-2016 08-07-2016 Evidence
5100176/2014 Judge 08-07-2016 22-08-2016 Evidence
5100176/2014 Judge 22-08-2016 05-10-2016 Evidence
5100176/2014 Judge 05-10-2016 08-11-2016 Evidence
5100176/2014 Judge 08-11-2016 13-12-2016 Evidence
5100176/2014 Judge 13-12-2016 11-01-2017 Evidence
5100176/2014 Judge 11-01-2017 30-01-2017 Evidence
5100176/2014 Judge 30-01-2017 11-02-2017 Evidence
5100176/2014 Judge 11-02-2017 06-03-2017 Evidence
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