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Arun   24 June 2016 at 10:24

Company not paying the settlement

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

pay protection in psu for central govt employee.

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 resignation

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

Retiring

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

amit   22 June 2016 at 23:01

eligibility for govt job

I am primary teacher in Badaun (U.P.). May I want to know that can I again apply for asst.teacher primary job again in U.P. reason for applying to come back in home district. Belongs to General category so transfer not possible.
Plz confirm me that same department & same post where I already work, can b apply for same post in same department.

Amit

suneetha Jain   21 June 2016 at 21:08

Service Law Banks

Sir, My Husband was terminated from SBI in 2013 who was working as PO at that time due to non disclosure of pending case at that time. We have filed a case in High Court in 2013. It reached the Hon' ble Judge after 3 years recently and he asked the Bank to submit records regarding termination and gave them 2 weeks. My query is whether the case reaches him exactly after 2 weeks as mentioned by him without any body' s intervention?? Will our case move at faster rate from now onwards??

Adv. Mitesh Varshney   20 June 2016 at 21:56

Over Time payout rule for contract employee

I am working as a 1 month contract employee for a LPO at the stipend of 12k. As per my contract I have to work for 5 days/week, with 9hrs/day. I do not know what is my per day salary, someone says its 400/day I.e. 12k / 30 days and someone says 533/day, I.e. 12k / 21.67 days. Would be glad if someone can help me regards to this.

Also, I am working overtime since the 1st day. My manager says I will get 50 ₹ per hour for OT & 500 ₹/day of 9 hours for working on off days i.e. saturday and sunday. And if i do OT on off days, i.e. Beyond 9hrs, i would get 50₹. Please can someone help me regards to this.

Rakesh   20 June 2016 at 18:02

Pay protection issue.

Pay Protection issue.

Sir, I was working with a PSU. In 2014 I have joined central govt service (group B post)after my selection THROUGH INTERVIEW CONDUCTED BY STAFF SELECTION COMMISSION (SSC). I submitted my experience certificate at the time of interview wherein my pay scale was mentioned. I was granted lien on my post in PSU for 2 years. But when I applied for pay protection benefits, the same was denied BY Central Govt. stating that SSC has to recommend for pay protection benefits. Total 18 candidates were selected and a common recommendation was sent by SSC. Sir, I have been denied pay protection benefit for no fault of mine. Please guide me so that I can get pay protection benefit.

Regards Rakesh

jsingh   20 June 2016 at 12:02

Inter se seniority between dr and promotes

I belong to Indian Information service group B(senior grade).in final seniority list,I have been placed below to DRs(30 NOs)while our DPC held on 08.06.2007 and Drs vacancies were reported to UPSC on 05.07.2007.ministry has justified by giving rule references.
my queries are:
ministry considerd date of reporting for DR while for promotes,consider date of DPC held not initiation date(which is one month prior to reporting date of DRs)
is it justified? can be chalanged

Vijaya Bhaskar   19 June 2016 at 22:27

Maternity leave benefit

Dear Learned Experts

My cousin is working in a school as a teacher since 2 years.The institution is registered under ESIC. Her present salary is more than 15000. Upon approaching the management for Maternity Leave, the management expressed that she is not eligible for Maternity Leave as she has crossed 15000/-. In this situation can she claim the maternity leave benefit from the employer?