P.V.Ramana
06 February 2017 at 19:57
sir . I am acquitted in criminal case vide judgement CC124/2013 .I requested railway general manager to reinstate me consequent upon my acquittal in criminal case.but no response
the honourable CAT directed as follows.
"the OA is disposed at admissin stage with a direction to respondent 1 to consider and dispose of applicant's representation dated 28.3.2016 & 23.5.2016 (annexure A &annexureB) keeping in view of judgement CC124/2013 dated 26.2.2016 and honourable high court in WPno 16104/2013 dated 10.6.2013 and pass reasoned and speaking orders in accordence with rules and law......." but the order passed by respondent is not speaking about acquittal or service rule which permits reinstatement on acquittal. kindly advice me whether can I pray the CAT again to direct the respondent to comply with order to avoid admission of case as the present new general manager is of helping nature kindly help me in this regard thanq sir
aparna gupta
06 February 2017 at 13:36
Dear Experts/seniors
i am HR manager need your valuable input as to transfer of employees from one branch to other branch....1) can we transfer the employees by way of putting clause of transfer in appointment letter in respect of business exigency....2) however after signing appointment letter accepting the clause to be transfer if employee refuse to be transfer then in this scenario can we ask the employee to resign....and if employee put the resignation then will i have to pay him retrenchment compensation u/s 25F of ID act. 1947.
also clarify :- in case if employee denied to be transfer also not agreeing to resign then can we terminate him on the ground of voilation of service agreement?
please share your valuable inputs
Thanks In Advance
Aparna Gupta
sachin agarwal
05 February 2017 at 22:54
When a trainee is imparted for the purpose of training only for upgrading his skill and not to do any work for the gains of the employer and by the employer any amount paid to him attracting him to attend coaching classes cannot be treated as wages for the purpose of provident fund contribution under the definition's of the act, 1952 and an amount paid to a trainee is incentive and not wages for the purpose of PF contribution and if the purpose of that amount to pay to the trainee is only to attract the trainee for upgrading his skill.
In the absence of payment of wages to a person employed by an employer, the relationship of an employer- employee would not come into existence for the purpose of provident fund contribution.
It is clear that only when an amount is paid to an employee and same is qualified as wages under section 2(4) of the act, 1952 would attract the PF contribution and not otherwise.
In a one hand the labour laws, shall not apply to any apprenticed and in other hand, it trainee undergoing apprentice under the apprentice act, 1961 or under the standing orders of such establishment shall be a trainee and not a worker to be covered under the act, 1952. Although it is very clear under the law that as per section 2(f) of the act, 1952 that any person engaged as an apprentice, or trainee not being an apprentice under the apprentice act, 1961 or under the standing order of the establishment, is an employee to be covered under the act, 1952 for the contribution of provident fund.
sachin agarwal
05 February 2017 at 22:20
Appellate Tribunal can not pass a conditional order on application for stay under section 14B and 7Q of the EPF Act, 1952 (Delhi High Court)
sachin agarwal
05 February 2017 at 22:15
can a restoration application after the prescribed period of limitation as prescribed under law if yes under which provision and Judgments and if not than what next remedy available to the appellant to seek justice.
Surendra jain
04 February 2017 at 18:06
Sir I worked at Sahara India but I resigned on dated 18/02/2016 company release my PF but not release gratuity till date.
2) my salary is already release by company but local branch not paid my salary due to fund problem.
So what I do
Surendra Jain
Mumbai
chandra
03 February 2017 at 11:53
I am into the 2nd month of training in a Group A service. The appointment letter doesnt mention any notice period during probation period. I need clarification on the issue: Whether a notice period is applicable during the probation period?
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Mat application/ termination
My office- BMC/ Mumbai corporation is threatening me with termination on baseless grounds. I want to approach MAT- Maharashtra Administrative Tribunal.
Can anyone give me draft/ or their previously filed application before MAT, against suspension or termination of service