Rajeswariii
10 February 2016 at 15:13
My friend, who joined with State Bank of India as Probationary officer in Mar 2011 was terminated in Jun 2013 even after extending his probation in Apr 2013.The reason cited is he has not disclosed a pending case (Marriage related)against him. The case is settled in Jan 2013 in Lok Adalat.He has got a notice by SBI in Dec 2012 reg the case and Case is settled in Lok adalat as compromise in Jan 2013. The details are submitted by him to Bank.Later, after extending probation in Apr 2013, he is terminated in Jun 2013.
Probation is for a period of 2 years. After completion of 2 yrs probation period, Bank extended the probation citing a ground that the candidate has to improve the subject but not on the ground of the case. Later after extension of probation, within 1 month, service is terminated. The case is a false case Under Sec 417,420 Under sec 34 and also under sec 3,4 of Dowry prohibition act(resolved in Jan 2013 in Lok adalat)
The case came to the notice of SBI while making enquiry about antecedents. The judgement is given by lok adalat is a compromise award is given between two parties and the case is closed. The termination notice contained details of the sections of the case. But, it didn't mention about the case in extension letter given in Apr 2013."
The Bank gave a show cause notice regarding the pending case on 10.12.2012 giving a deadline of 31.12.2012 to answer. My friend replied on 31.12.2012 to give one month time to submit proofs defending his version. Accordingly, he got the case resolved in Lok adalat on 29.01.2013 and submitted the proof and explanation on 07.02.2013. Later, on 02.04.2013, he was given an extention of probation letter indicating that his performance need to improve. No information relating to show cause and his explanations. Later after one month, on 03.05.2013, he was issued a termination order with one month notice mentioning the show cause letter. No mention is given about the probation extention letter.
I came to know that Hon’ble Chandigarh High Court (Punjab & Haryana) Justice Sri Kuldeep Singh gave a judgement around 23.12.2015 in the case of Amandeep Singh Vs State of Punjab that non disclosure of pending case should not lead to termination.
My friend already filed a suit in High Court in June 2013 and the case is still pending. He told me that he got to know about Amandeep Singh case which was related to his case. In Amandeep case, the judge reportedly told that non disclosure of pending case at the time of appointment is not a valid reason for termination
My friend has filed a suit in Jun 2013 for stay. But, court dinot give stay but accepted the case. From then to till date, the case did not reach the judge. The lawyer said he will close the case once it reaches the judge
The Lawyer assured of closing the case once it reaches the Judge. But, we have to be aware of previous judgments before hand so that we can add some more input to the efforts made by the lawyer. as the case is do or die situation for my friend, I asked for your help regarding sending me the copy of judgement pertaining to Amandeep singh case.
sanjay cholle
10 February 2016 at 14:30
dear sir, i hv joined an educational institute on 20/12/2004, i hv been given appointment orders every academic year seperately as an adhoc staff.dates on appointment orders are as: 3/1/2005,2/7/2005 (valid upto 31/5/2006)30/06/2006,2/7/2006,16/06/2008. after this no order is issued, then institute closed on 30/04/2012. my question is am i eligible to claim for gratuity?
plz help.
Durgesh sharma
10 February 2016 at 11:57
Dear Sir,
We have sent one legal notice on 13th jan'2016 still not received any reply from the employer wat we will do now.
Prabh
09 February 2016 at 12:51
As per factories act 1948 maximum daily working hour is 8 and maximum weekly working hours is 48. my question is this working include lunch and tea breaks?
At present we are working 8.5 hours in one of shift other two shift are 8 hours and 7.5 hour including 30 min lunch break. is this against labour law?
Kishore
08 February 2016 at 19:18
Hi Sir,
I worked in MNC company as an IT Profressional. Due to some personal reasons, I was not able to go to office. When my management approached me, I said them I am going to resign and I submitted my resignation in email stating "Please consider it as my official resignation". Taking this email in to consideration my manager forwarded to corresponding HR to take further action. Later I did not even logged in to my office email id. But after few days, I got letter saying that I need to pay bond amount. I have completed dues amount to make it clear from my end. But later again they send me exit letter stating it as ABSCONDING. Though I mentioned official email about resignation and cleared all dues, they still send me absconding letter. Is there any way I can get my proper relieving letter. Please help me is there any way I can proceed legally and how it needs to taken further.
O.N.Singh
08 February 2016 at 12:44
Dear Sir
please find details
Anomalies in pay scales
1.2.20 Insofar as anomalies relating to the pay scales are concerned, a large number of these anomalies would be automatically settled by introduction of the proposed scheme of running pay bands. . . . . . .
2.2.11. . ..... Grade pay will determine the status of a post with (apart from the two apex scales of Secretary/equivalent and Cabinet Secretary/equivalent that do not carry any grade pay) a senior post being given higher grade pay. Grade pay being progressively higher for successive higher posts,
2.2.11 . …….. In the revised scheme, the date of annual increments, in all cases, will be the first of July. Employees completing six months and above in the scale as on July 1st will be eligible. This is being recommended to alleviate a large number of anomalies that arise due to the present system of annual increments where the increments are given on the basis of the month of joining a particular post and which frequently leads to a senior drawing lesser salary than his/her junior.
2.2.13 ………..
(vi) Seniority of a post will depend on the grade pay drawn. This will invariably be more for a higher level post. Pay scales will largely become irrelevant for purposes of computing seniority. Thus, the present situation where frequently a junior draws higher salary (albeit in lower pay scale) vis-Ã -vis his senior because of longer years of service, will no longer be of any essence for purposes of computing seniority.
In view of above I would like to know whether
1)Employee promoted on 1/9/2006 in GP 5400/- receiving less pay than his junior of same cadre in GP 4600/-
2) An employee promoted to GP of Rs.6600/- on 1/9/2012 receiving less pay than his junior in GP Rs.5400/- in the same cadre and
3)An employee promoted to grade pay of 6600 on 1/9/2012 is getting less pay than his counter part promoted to the same post on 1/9/2015
will constitute anomaly or not?
Harish N
08 February 2016 at 12:13
Sir I'am working in a startup company(LLP) from 1.3 Years.
They have not mentioned my notice period in offer letter. Now i wanted to leave the company, i had sent a resignation letter to them via Email and they also accepted the resignation and they had also sent me a mail saying that 15-02-2016 will be my last working day. Based on that email i had given a joining date for another company. Now they are saying that we cannot relieve on 15th. What can i do ?
Rajeswariii
08 February 2016 at 11:20
My friend, who joined with State Bank of India as Probationary officer in Mar 2011 was terminated in Jun 2013 even after extending his probation in Apr 2013.The reason cited is he has not disclosed a pending case (Marriage related)against him. The case is settled in Jan 2013 in Lok Adalat.He has got a notice by SBI in Dec 2012 reg the case and Case is settled in Lok adalat as compromise in Jan 2013. The details are submitted by him to Bank.Later, after extending probation in Apr 2013, he is terminated in Jun 2013.
Probation is for a period of 2 years. After completion of 2 yrs probation period, Bank extended the probation citing a ground that the candidate has to improve the subject but not on the ground of the case. Later after extension of probation, within 1 month, service is terminated. The case is a false case Under Sec 417,420 Under sec 34 and also under sec 3,4 of Dowry prohibition act(resolved in Jan 2013 in Lok adalat)
The case came to the notice of SBI while making enquiry about antecedents. The judgement is given by lok adalat is a compromise award is given between two parties and the case is closed. The termination notice contained details of the sections of the case. But, it didn't mention about the case in extension letter given in Apr 2013."
The case came to the notice of SBI while making enquiry about antecedents.
The Bank gave a show cause notice regarding the pending case on 10.12.2012 giving a deadline of 31.12.2012 to answer. My friend replied on 31.12.2012 to give one month time to submit proofs defending his version. Accordingly, he got the case resolved in Lok adalat on 29.01.2013 and submitted the proof and explanation on 07.02.2013. Later, on 02.04.2013, he was given an extention of probation letter indicating that his performance need to improve. No information relating to show cause and his explanations. Later after one month, on 03.05.2013, he was issued a termination order with one month notice mentioning the show cause letter. No mention is given about the probation extention letter.
I came to know that Hon’ble Chandigarh High Court (Punjab & Haryana) Justice Sri Kuldeep Singh gave a judgement around 23.12.2015 in the case of Amandeep Singh Vs State of Punjab that non disclosure of pending case should not lead to termination. Can you please send me the copy of it??
Please help in our case.
SRIDHAR B
06 February 2016 at 18:07
I have joined on 6.1.2015 in a company. In offer of appointment 2 months notice period. Now I am in Probation Period.
Company is giving the salary 2 months delay.
Due to father ILL HEALTH AND financial problems of delay salary. I resigned my job on 28.01.2016 and went to home town. Now the company inform me that they will adjust me 2 months salary to notice period. I request you to kindly give suggestion to receive my salary.
RAJANIKANTH K
Mobile NO.9010200026
Absence for sundays / 3. continued period of 8 days (without leave permission, inclusive of holidays) would make you tose youi tien on the service and the same shall automatically come to an end without any notice or even intimation.
You will be on probation for an initial period of six months. This period may be extended
at the absolute discretion of the company. During the probation or at any time before
/ confirmation, your services s*hall be liable io be terminated without any notice and without
liability for any compensation. You shall be confirmgfl only by an express order in writing.
Two months prior notice is to be given before resigning the job. you will be relieved from duties and responsibilities only on r."""ipi-,f.ti Or", Certificates, from all the Departments' The services can itto o" terminated-wiffrout any notice or pay in lieu thereof if the management finds that the prrti.rLi. Furnished by you either in the application form or at the time of interview ,re i*roii"ct or the performance is found to be unsatisfactory.
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Probationary offcer
Sir, Is non disclosure of pending criminal case at the time of appointment lead to termination of government or banking sector?? I want to ask this question becasue now a days so many innocent people are falsely included in cases due to political or financial influences especially in Marriage related issues. What is the stand of our courts regarding this??