Sarath kumar
05 May 2016 at 22:16
An employee after resigning a company, what are the documents a company should provide to that employee. If a company is not providing any "letter of acceptance" to his resignation or email confirmation regarding his resignation to an employee, what that employee should do? A HR in a company orally tells to relieve the company without any written words through mail or letter, what an employee can do?
Nandhakumar K A
05 May 2016 at 10:16
Dear Sir/s
The monthly wages of few of the contract workers stands exceeded Rs.15000/per month and come out of the ambit of ESI Act. I solicit you learnt opinion as to the scope of filing a Writ before the Hon'ble High Court seeking a direction to ESI Corporation to extend voluntary coverage under the ESI Scheme for these contract workers premising on the following grounds, by return mail:
· That the ESI Act, being a welfare legislation envisaging comprehensive Social Security Scheme, is socially protecting the 'employees'. The basic objective of the statute is to provide certain benefits in the event of sickness, maternity and employment injury to workmen (and their dependents) employed in Factories and other establishments come under its ambit.
· That once a factory or an Establishment is covered under the Act, it continues to be covered notwithstanding the fact that the number of persons/ coverable employees employed therein at any time falls below the required limit or there is a change in the manufacturing activity.
· That an employee who crosses the ceiling limit prescribed by the Central Government (Rs.15000/) in any month at any time after commencement of the contribution period, he/she would continue to be an employee till the end of that contribution period. Though there is a ceiling limit of wages for coverage of an employee, there is no ceiling limit in the definition of wages for payment of contribution. Hence, contribution is payable on the total wages without any ceiling limit.
· That there is no rationality or justification in denying coverage thereby depriving the benefits envisaged under the Act to the employees merely because of their wages getting exceeded by even 1 rupee from the existing ceiling fixed at Rs. 15000 under the definition of employee under Section 9 of the ESI Act.
· That the deprivation of the benefits to the workmen on the above sole ground (wages) defeats the very objective of a welfare statute.
· That the clause stipulating quantum of wages for coverage is not a prohibitory clause, rather, only a restrictive clause.
· That in the instant case, neither the employer nor the employee have any objection whatsoever as to the voluntary coverage of contract workers whose wages exceeded Rs. 15000.
· That it is high time to enhance the the wage ceiling for coverage, which now stands at Rs.15000/, taking in to consideration of the present day reality, though the matter is still pending with the Central Govt.
· That the term 'exempted employee' defined under Sec 10 of the ESI Act merely denotes an employee who is not liable to pay the employee contributions. The exemption limit with effect from 01.07.2011 is Rs. 100/per day. However, employer's contribution is payable on these wages.
· That there is an inherent provision in the Employees Provident Fund and Miscellaneous Provision Act 1942, which is also a welfare statute, for the voluntary coverage of employees whose basic wages exceeded the prescribed limit by moving a joint application by the employer and employee.
· That the Govt. of India have already initiated a move to expand the coverage of beneficiaries under the ESI Act even extending the benefits under the statute to autorikshaw drivers with an annual contribution of Rs. 3000 from their side.
Reference on Case laws, if any, in the matter, would be highly appreciated.
Regards
Nandhakumar K A
JAGADEESH
04 May 2016 at 09:08
Respected All,
Request you to clarify me "What is the Upper age limit for engaging contract Workmen" in manufacturing industry. Ours is a Public sector under taking, I have gone through entire Contract Labour R&A act, 1970 but it has not speks about Upper age limit. In our company above 60 years workmen are working as a contract workmen, how to prevent them for engaging at work, they must take the retired life? They can claim for Pension under EPF?
Kindly suggest? Which law speaks about this matter?
Regards,
Jagadeesh
Anshuman
04 May 2016 at 00:33
Dear Sir
I am from Gurgaon India.
In past i worked in three companies(i am naming as X1-First,X2 etc, Y is my current company), I need experience letter from all my ex company then i send request to all Ex-comp. i got letter from X1(first) and x3(last) but X2(located in gurgaon) is not issuing this letter, they are saying i have already issue relieving letter when you left and this is the only format for experience letter, i was requesting experience letter with skills. I send mail to CEO he is stating that this is HR's job they will take care please dont send me mail and HR is neither issuing nor replying.
I want to know what is the correct way to get required letter, i have relieving letter payslips, all the mail chain.
Please advice
Rohit
03 May 2016 at 15:44
Despite gratuity amendment act 2009,many educational institutions are not paying gratuity to the retired teachers.weather any high court or supreme court has given judgement in this behalf after this amendment act.?
Sahil
03 May 2016 at 00:39
A sanction accorded by me to my subordinate was refused by the paying authority, in writing. The beneficiary questioned the validity of the refusal in HC.
The HC quashed the refusal and directed the paying authority to implement the sanction issued by me. Appeal was preferred against the judgement, which came to be dismissed after hearing both the sides. Sanction was not implemented until the beneficiary filed contempt petition against the paying authority. However, the benefits were extended to the beneficiary upon the contempt notices.
Now, the paying authority, with due concurrence of its superiors (GoI) is prepared to file SLP in SC, but insisting me to join with it to file the joint SLP.
Please, do suggest the course of action to be adopted by me and enlighten me about the legal repercussions of the proposals of the said authority.
RANJAN KUMAR SAHOO
02 May 2016 at 11:34
Sir, presently I am working as Assistant Manager (HRD) in Odisha Power Transmission Corporation Limited (OPTCL), a Govt. of Odish Undertaking. I joined in the organisation on 25.02.2014 and executed a bond of value Rs. 2,16,000 to serve the Organisation for a period of 4 years.
After serving the Corporation 2 years, now I got selected as Officer-HR in Indian Oil Corporation Limited (IOCL), a Public Sector Undertaking of Govt. of India and date of joining is on 23.05.2016.
I have already talked to my current organisation regarding bond transfer as per DPE Guideline (Chapter-II, Personal Policies, (c) Service Matters : Enforcement/transfer of bond in respect of employees of Public Enterprises who leave the services of one Undertaking to join another Undertaking/ Government.) However, they are refusing for the same by siting the reason that what benefit OPTCL will get if they transfer the bond to IOCL. Even they say that his guideline is not applicable as I have not executed the bond for any scientific/Technical training.
Sir, please suggest what to do. Even I don’t know the procedure for such transfer bond. Please help me.
Sir, please replay at the earliest. Please corroborate with anecdotal evidences.
Thanking you sir.
anu
01 May 2016 at 11:02
Dear SIrs
I work for an autonomous organization under the department of Tourism.My ACR/APAR for the past five years have not been made by my organisation as there was no application formats available.the delay took place because of the lackadiscal approach of the HOD which in this case is the Principal of the Institution.Now I have become eligible for promotion but a DPC is not being constituted as my organization is saying they need APAR of last five years.My query are
1)Can I get promotion from retrospective dates.
2)How do I go about it,should I make a representation.
3)The principal has now left the organization without filling the ACR/APAR.Can he still fill my APAR once the forms are made .
Awaiting your replies.
thanking you in anticipation.
regards
siddu
01 May 2016 at 10:51
Sir thanks in advance please suggest me necessary advises for my problem,
I am working in a sub post office, in the rush of heavy counter work i lost my cash safe key in the office only. I have searched full office but that was not found. I intimated about this orally to higher divisional athority. They are saying this is very big issue and you will suspended by the department. Is it correct sir ? Now what am i do sir. In rush of work i have forgotten where i have lost it. I am seeking advise for this problem sir. I am very thankfull to you sir.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Company not issuing relieving letter
Hi Sir/Madam,
I am Thrivikram and this is a case of my wife. She joined an MNC in 2015 after she signed a deed of indemnity of 2 years. She worked for about 9 months after which she had to take a leave for one month as I was down on bed due to bad health.We started off with treatment but was not getting any better. We had to consult many doctors to exactly know what was wrong. It was finally diagnosed as tuberculosis. By then her one months leave was over. As my health condition was getting even worse she requested for leave extension and also submitted all the available medical documents. They did not agree for extending the leave and asked her to report to duties immediately. She couldn't do that. They sent show cause notices to which she responded again with the documents available and tried to explain on call her pathetic situation. But was of no use. They sent her termination letter and marked her as absconding in their databases. Mean while I was further diagnosed with cancer. Initial diagnosis of tuberculosis was wrong. We started off with chemotherapy treatments immediately. Now as we suffer through these tough days my wife needs to find a job to afford my treatment as well as to keep the family running. To get a new job she needs a relieving letter from her previous employer. But they are not ready to give her that letter. What do we do?