Labour & Service Law queries [3]

Anonymous 27 February 2024 at 21:43

Seeking legal guidance for appraisal dispute

Subject: Seeking Legal Guidance for Appraisal Dispute

Dear Corporate Legal Experts,

I trust this message finds you well. I am reaching out seeking guidance on a matter of professional concern. I am an employee at [Your Company], currently stationed at a project site in the western part of India. My annual appraisal for the fiscal year 2023 has resulted in an "Under Performed" rating, which has consequently made me ineligible for the Employee Retention Award as per company policy.

Despite meeting the annual targets and providing evidence to support my performance, my supervisor has given me this rating without providing any substantial reasoning. Feeling aggrieved by this decision, I believe it necessitates legal intervention.

In light of the above, I seek your advice on the following:

Filing Location:

Should I file a petition against my boss at the Pune Head Office (where my pay slip is generated) or at the local court nearest to our current project site?
Time Limitations:

Are there any time limitations or deadlines for filing such a case?
I am committed to seeking a fair resolution to this matter and would appreciate your valuable guidance to navigate this process effectively.

Thank you for your time and consideration.

Sincerely,

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Dilip 26 February 2024 at 07:25

Film industry sop is not been followed

Respected sir recently government of Maharashtra has passed a SOP regarding the working condition of film industry worker and facilities they shall get and wages. It has been more than year but till today no is following the SOP what we can do and does it comes to the contempt of lawfull authority and what steps can be taken

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Dilip 26 February 2024 at 01:07

Film industry sop is not been followed

Respected sir recently government of Maharashtra has passed a SOP regarding the working condition of film industry worker and facilities they shall get and wages. It has been more than year but till today no is following the SOP what we can do and does it comes to the contempt of lawfull authority and what steps can be taken

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Niranjan Mohanty 20 February 2024 at 13:00

Disciplinary matters

The charged officer in a Rule 14 inquiry has requisitioned the disciplinary authority as an additional witness to prove that the instant charge sheet is signed by him. Should it be allowed by IO ? In my opinion, the request of CO should not be acceded to. But I have no ruling in support of this. What is the correct measure for IO? Ruling may kindly also be provided!

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PRATAP SHARMA 15 February 2024 at 23:48

Ufm in university impact on government job

SIR 🙏 Mere brother ko University ke ek exam m cheat krte hue pakda tha... Lekin no debarred no rustication... Next sem m usne exam clear kr liya tha... Or degree or final marksheet par khi mention nhi hai ufm ke regarding or provision certificate par bhi good character show h... Koi dikkat to nhi aayegi regarding govt job? In attestation form it was ask have you ever been debarred or rusticate by any university... What should be the solution 🙏

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Anonymous 08 February 2024 at 17:01

Macp for central government employees

As mentioned in NO. 11/1/2010-JCA 6th October, 2010 of para no. 16 “It was observed that any appointment after resignation is to be viewed afresh / ‘Direct Recruitment’ (including reappointment) in the Government. As per the MACPS, the financial upgradations are to be allowed after completion of 10/20/30 years of continuous regular service from the entry grade. However, in case of Technical Resignations, the past service shall be counted for the purpose of MACP” Para 9 of Annexure “I” to DOP&T OM dated 19th May 2009 stipulates that “past continuous regular service in another Government Department in a post carrying same grade pay prior to regular appointment in a new Department, without a break, shall be counted towards qualifying regular service for the purposes of MACPS. However, benefits under the MACPS in such cases shall not be considered till the satisfactory completion of the probation period in the new post”. Please clarify above darken lines.

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Mallikarjuna 30 January 2024 at 23:31

Tranfer while in metarnity leave

Hi sir,
Transfer while in metarnity is gives any violation or not in Andhra Pradesh.
Please give your input

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Anonymous 28 January 2024 at 21:39

Interest at gpf rates

I am a retired Central Government employee. My gratuity and commutation value of pension were withheld for a long period because of the pending disciplinary proceedings. The proceedings have since been quashed and set aside by the CAT and the decisions have been upheld by the High Court.

In a separate proceedings the High Court had ordered the payment of gratuity and commutation amount with interest at "GPF Rates". Union of India had filed an SLP. The Supreme Court dismissed the Petition.

The Competent Authority has issued sanctioned the payment if interest, but simple interest as applicable to GPF deposits.

However, according to the GPF Rules (Rule 11) interest is required to be compounded annually.
11. Interest -(1) Subject to the provisions of sub-rule (5), Government shall pay to
the credit of the account of a subscriber interest at such rate as may be determined for
each year according to the method of calculation prescribed from time to time by the
Government of India.

Is the Government is justified in sanctioning only simple interest without adding interest annually?

If the action is wrong, what is the remedy? Is it in filing an Implementation Petition or Original Application before the CAT?

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shyam lal 26 January 2024 at 14:56

Termination of serviced

A employer wants to terminate sevices of employe but has never issused a employment/contract letter.
What the legal way out ? as per labour Laws/wages act

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Rakesh SHEKHAWAT 25 January 2024 at 20:30

Nomini change

श्रीमान में सेना में नायक पद पर तैनात हूं मेरे सर्विस रिकॉर्ड में नॉमिनी के तहत मेरी पत्नी का नाम दर्ज है तथा मेरी फंड और ग्रेच्युटी मैं भी पत्नी का नाम दर्ज है मेरी पत्नी के साथ मेरा तलाक का मुकदमा चल रहा है क्या मैं अपनी सर्विस रिकॉर्ड से नॉमिनी चेंज कर कर अपनी माताजी को कर सकता हूं क्या फंड और ग्रेच्युटी में माताजी के नाम कर सकता हूं क्या क्या मैं एक वसीयतनामा बनवाकर उसे नोटरी करवा कर अपनी नॉमिनी और अपनी वसीयत फंड ग्रेविटी माताजी के नाम कर सकता हूं क्या श्रीमान नॉमिनी चेंज के रूल या सजेशन देने की कृपा करें

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