I seek some specimen of REJOINDER on behalf of Applicant/ dismissed Employee against WS filed by O.P. before A.L.C.
I solicit the assistance.
SURENDRA PRAKASH AGRAWAL
T-113 PALLAVPURAM PHASE-2
MEERUT
MOB:07830776602
VIJAY
27 June 2016 at 16:06
Hello there,
My father was working in a factory & accidentally he lost his right hand while working on machine. The e'er paid for the treatment done in pvt. hospital & now we are looking for esi pension but it will take approx 6 month or more as advised by a doctor at basaidarapur hospital.
Now, the point is e'er is saying for the payment towards compensation approx. 2 lac. & also he is saying the he will keep continue my father's job in his company as soon he will get well.
at the time of incidence we did not call the police or put fir but the police was called from e'er side.
but we are in afraid that there is nothing in written and it's been 2 month almost & my father has not received any compensation.
E'er is saying that he will pay in 2-3 days and so on.... Actually the case has been transferred to TISHAJARI court & there has not been judgement till now but we did not file any sue, or case against the e'er.
now what shall we do???
we should wait for the judgement? we should believe the e'er? we should make any case or go to police stn.??
and one more thing what shall be the total compensation in this case?
my father was working there for 25 years.
please help anybody.
Deepti
27 June 2016 at 00:14
Dear experts,
Could you let me know whether a employer is terminating a employee on probation period without giving any reason and sudden is correct in spite of employer is ready to give the one month salary as lieu of notice as per the appointment letter in probation?
Somebody can help me on this regard.
B Singh
25 June 2016 at 11:19
I joined in an organisation in 1992 and left services in 2016. Now I received letter from PF office for benefit of pension upon reaching the age of 50 years and above. In PF letter they have shown my joining 1998 since PF pension started from 1995. My query is that when I joined an organisation in 1992 on regulalry basis and left services in 2016 on what grounds PF office have wrote my joining in 1995 which shows my services short. Please advice in this regard do I have to hire an advocate and file case in labour court.
A certain bank has sent email regarding confidential report of EMPLOYMENT CONFIRMATION an employee working at Central Govt (PSU)for sanctioning the HBA loan to employee.But concern officer neglected and loan was not sanctioned. Regarding this Employee has asked the employer to provide the information on Action taken and file notings on email which was asked by bank for HBA purpose and name of the concern officials through RTI. CPIO replied there is no recorded copy on this.
If public servant neglected the official duty section80 of CPC shall applicable or employee can give legal notice to head of the depatrment for his all losses.
Arun
24 June 2016 at 10:24
Dear Experts
The company I have been working for last 12 years have been closed suddenly. They have not paid the pf dues to the government and they are remaining silent on the pending salary and the gratuity settlements.
Can any one guide us as to how to proceed on this
Thanks in Advance
AMIT RAWAT
23 June 2016 at 19:20
Hello Sir,
I am a Central Government employee in pay band of 9300 - 34800 with grade pay 4200 now my basic pay is 11460 and grade pay 4200 and selected in public sector undertaking in scale of pay 9400 - 25700.
I have applied through proper channel with NOC from my present organisation. I have cleared written Examination, Medical Examination and attended pre induction training in concerned organisation.when i have received the offer of appointment they have not mentioned any clause in respect of pay protection.
As per organisation pay and allowances rule :-
PAY ON FIRST APPOINTMENT:
5.1 The pay of an employee on his first appointment to a post in service of the
Corporation shall normally be fixed at the minimum of the time scale
applicable to the post in which he is appointed.
5.2 Where any person is appointed to a post to which a time scale is
applicable, has been in continuous service for a period of not less than 2
years in any Department of the Central/ State Government/ PSU/
Autonomous Body/ University etc. prior to joining organisation, and was drawing
Basic Pay above the minimum of the scale of the post in which he is being
appointed, his starting pay would be fixed after protecting the pay drawn
by him in his/ her parent company/ department subject to the condition
that he/she was governed by the same DA pattern in his/her parent
organization as applicable to the post in organisation. In cases, where DA is
dissimilar, the starting pay will be fixed after protecting pay plus DA
drawn by him/ her in his/ her parent organization.
Pay of a departmental candidate selected against the open advertisement
will be fixed as on promotion.
5.3 Higher initial pay upto a maximum of 5 increments may be granted by the
Appointing Authority on the specific recommendations of the Selection
Committee or a representation made by the concerned employee before
joining organisation. In making the recommendation, the Selection Committee
should, however, take into consideration qualification, experience, merit,
performance in the interview and existing emoluments including perquisite and other benefits already being enjoyed by the candidate in his previous organization.
Note: As a corporate policy, not more than five advance increments over
and above the minimum of pay scale shall be granted in any case.
13. INTERPRETATION:
(a) The corporation reserves itself the right to modify, cancel or amend all or
any of these rules or any supplementary rules/ amendments thereto
issued in connection with these rules without previous notice of its
intention and the right to give effect thereto from the date of issue or from
any other date.
(b) In case of doubt or dispute in regard to the interpretation of these rules
and/ or the supplementary rules and or amendments issued thereto, the
decision of the Chairman-cum-Managing Director shall be final. However,
he may at his discretion seek a decision of the Board of Directors on
matters involving substantial questions of policy. The CMD will have the
authority to relax any of the provisions of these rules in respect of a
category or categories of persons for reasons to be recorded in writing.
(c) In case any aspect related to these rules is not covered, the matter shall be
referred to CMD along with rule position applicable in Government of
India/ other major PSUs, for taking a final decision, which shall also be
updated in these rules.
I am a central government employee more than 2 years of continues service.
As per this pay and allowances rule , should i get the pay protection of my present pay.
please sir, specify Will i get the benefit of pay protection or not? I have not joined yet.
and what are the pay protection rule for a central government employee who join public sector undertaking through proper channel.
Pravin Kulkarni
23 June 2016 at 17:45
Maharashtra Govt Employee worked for @ 17 years. He then resign by paying one months salary. He did not get any communication from his office about acceptance of his resignation. After 90 days he had submitted resignation withdraw letter .Appointing authority not responded. After one year doing followup with higher authority also not responded. He went to MAT. MAT has rejected application.
Is there any point going to high court. If yes any previous case.?? Pl. help
girish
23 June 2016 at 11:08
we had hired an employee in the year 2013, as on date his age is 60,as per company policy retirement age is 60. please advise whether on retirement can we make payment towards grauity. and after retirement can we hire him under contract with higher salary and without leave and other benefits
New job and criminal case
Sir I was working in a private bank there a fir is lodge against me and it is under trail in section 406,409,420 I have resigned that back and start preparing for the next exam and qualified in govt exam. In that exam I told that I was not working any where currently as I resigned but now I have to fill verification form in which I have to tell the truth of my case I am afraid that it may be the cause of disqualification. As dept may refuse to accept me with the case under trail. Suggest me my fear is for true or nothing is this may happen to me.
OR I conceal from the next employer about the case. If they accept me and I got conviction in that case then what is the consequences of it on my next job. Pls Sir suggest me.