vandana
30 November 2015 at 13:12
Hi I have done job in a private school of faridabad for 7+year.I has resigned last year during my pregnancy as school was not giving maternity leave but they said to call back but now they are not giving back my job. They were not giving gratuity and EL also but in August I argued and said I will go to court then they given gratuity only.and whenever there will b vaccany they will call but they didn't do that.now I want my job and gratuity. Can any one guide what I can do.we were getting epf and esi facility also.also during vmy first pregnancy they were under some case so at that time they given leave but not maternity can I do something on that basis also.they don't ngive any bonus also.they got signed form from everyone that they will not give gratuity ,EL ,bonus etc but it is not legal.please advice
Raj
30 November 2015 at 09:38
Dear Expert.
Kindly give your advice for the following case.
In Chennai a Korean Management company Korean staff attacked / try to attack / using things to attack on Indian staff.
what are the legal action against the
Korean staff. In the point of emigration / non resident regulation act / Labor act / other provision.
Kindly advice strong penal action.
Those are treated as slave like British regime.
Thank & Regards
S.Raj
RAJARAM
30 November 2015 at 04:06
Recently received message that Amendment on Payment of Bonus Act.
No GO has been notified.
Please give your opinion,
in this regard.
Girish Sharma
29 November 2015 at 22:45
I got govt job as a clerk in ministrial cadre in 1995. Since, I was having computer programming knowledge so I willingly, in the hope that later or sooner office will promote me programmer post and in the interest of office I started programming since year 2000. In due course, now I am doing pure technical and programming job, which is not my job part. When I ask officers to give me programmer post they says there is neither computer cader nor such any rules to promote a clerk to the programmer post. My lawful questions:
1. Can I obtain programmer post lawfully? If yes, then under which law and section? Any existing example please?
2. Can office issue me charge sheet on my refusal to doing programming work which is not part of my job/service rule/job advertisement?
3. Can I sue in the human right commission that office is exploiting me and threating me of charge sheet/suspension for not doing of those works for which there is seperate cadre and higher salaried persons works?
Raja Ram Saxena
29 November 2015 at 20:37
Dear Sir/Madam,
I am associated with a company for the past 1.5 yrs. The company gave me salary for first 4 months only and later on they keep saying that the company is running in loss and hence they do not have money to pay my salaries. This kept continuing till last month and I was still not paid by that time hence I wrote them an email stating that since the company is not paying my salaries I am resigning with immediate effect. That email was never replied by my employer but he verbally and through SMS also, told me that my resignation is not accepted. My salaries for entire 14 months are still due with the company and the company is not letting me leave. What should I do?
Please note that last week only I met a friend near my home who also faced the same problem 2 yrs back. He told me that:
(1) I will have to first send him(my employer) a 15 days notice through advocate only
(2) If he doesn't reply to that notice then I will have to file a case against him in labour court
(3) Along with the advocates fee, I will have to pay courts fee which depends on the amount that I am claiming.
(4) I shall be getting my complete salary of 14 months with 18% rate of interest calculated per annum over that salary
(5) The decision shall come in 3 yrs
Sir/Madam, my questions here are as follows:
(1) Will I get only salary part or my gratuity money for these 18 months will also be given to me? Shall I get any other benefits in terms of money apart from the 14 months salary and interest over it if I wish to claim amount for the mental stress that I went through all these days?
(2) I couldn't join any other job as my present employer was not relieving me and hence I lost good offers also that included jobs offering more perks than this job. Will I be paid for that loss also?
(3) My salary will be calculated till the day when I am filing the case or till the time the decision is given by the court?
(4) Can I join some other job after I have filed the case? Or do I have to wait for courts decision?
(5) Where can I find the actual figure of the amount that I need to pay as courts fee? Since I am willing to claim double of the salary amount I need to know the exact fee that has to be paid.'
(6) Since I am not paid since last 14 months I'm already in debt as I have taken loans from many private lenders and my relatives. Hence I am not in the position to pay any fee as of now. Will the court help me in this regard and how? I am not asking about the fee exemption but can this fee be paid after the courts decision? Or in parts?
Kindly help me as I have already started feeling suicidal being exploited for such a long time.
Please help!!!
Raja Ram Saxena
29 November 2015 at 20:18
Dear Sir/Madam,
I am associated with a company for the past 1.5 yrs. The company gave me salary for first 4 months only and later on they keep saying that the company is running in loss and hence they do not have money to pay my salaries. This kept continuing till last month and I was still not paid by that time hence I wrote them an email stating that since the company is not paying my salaries I am resigning with immediate effect. That email was never replied by my employer but he verbally and through SMS also, told me that my resignation is not accepted. My salaries for entire 14 months are still due with the company and the company is not letting me leave. What should I do?
Please note that last week only I met a friend near my home who also faced the same problem 2 yrs back. He told me that:
(1) I will have to first send him(my employer) a 15 days notice through advocate only
(2) If he doesn't reply to that notice then I will have to file a case against him in labour court
(3) Along with the advocates fee, I will have to pay courts fee which depends on the amount that I am claiming.
(4) I shall be getting my complete salary of 14 months with 18% rate of interest calculated per annum over that salary
(5) The decision shall come in 3 yrs
Sir/Madam, my questions here are as follows:
(1) Will I get any other benefits in terms of money apart from the 14 months salary and interest over it if I wish to claim amount for the mental stress that I went through all these days?
(2) I couldn't join any other job as my present employer was not relieving me and hence I lost good offers also that included jobs offering more perks than this job. Will I be paid for that loss also?
(3) My salary will be calculated till the day when I am filing the case or till the time the decision is given by the court?
(4) Can I join some other job after I have filed the case? Or do I have to wait for courts decision?
(5) Where can I find the actual figure of the amount that I need to pay as courts fee? Since I am willing to claim double of the salary amount I need to know the exact fee that has to be paid.'
(6) Since I am not paid since last 14 months I'm already in debt as I have taken loans from many private lenders and my relatives. Hence I am not in the position to pay any fee as of now. Will the court help me in this regard and how? I am not asking about the fee exemption but can this fee be paid after the courts decision? Or in parts?
Kindly help me as I have already started feeling suicidal being exploited for such a long time.
Please help!!!
sushil
29 November 2015 at 17:55
In WP No.7790 of 2009 Bombay HC. Ld.Single Judge delivered judgment after 9 months of its pronouncement. I am the concerned workman & member of MBPT union. My Company file above writ petition against award in CGIT Complaint No.2 of 2 of 2007. Company objected that, union has no authority to file such complaint u/s.33A of I.D.Act,1947. Union submitted CGIT Exh.45 in which workmen authorised union to represent in the proceeding of complaint u/s.33A & drew attention of Sec.36 of I.D. Act alonwith the citation of Karnataka HC in ‘B.D.K. Process Controls Pvt. Ltd. vs. Bhartiya Mazdoor Sangh-2002’ . While delivering judgment Ld.Single Judge recorded that:‘12] In the case on hand, the respondent does not rely upon any provision that permits filing of such complaint by a person other than the aggrieved employee. Nor does it claim that any specific authority was given to it by the six employees to file the complaint. In the circumstances, the complaint filed by the union must be held to be not maintainable and liable to be dismissed on that ground alone.'That means Ld. Single Judge recorded false Statement in judgment/order. What is the solution to correct this things.Is there provision to make application in Bombay HC aginst this wrong thing. Bombay HC completely close the way to file LPA. Please guide me.
TheRandhawa
29 November 2015 at 14:56
Sir/mam
I have joined Govt. Of Punjab in Dept. of Health & Family Welfare as Medical Officer . Its's Group A post also known as PCMS-I .
Regarding above said topic I have few queries :
Ques no. 1 ::: I want to go on "leave without pay" . Is "extraordinary leave " same as "leave without pay" ??
Ques no. 2 ::: If same How do I apply for it ?? How much time in advance do I have to give the application ??
Ques no. 3 ::: Max duration of this leave I can avail at a stretch or in pieces ??
Ques no. 4 ::: Who will be the sanctioning authority in my case ??
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Unlawful termination from job
Greetings,
I filed case for my unlawfull termination under civil services in feberary 2015. After 4 hearing i got response from second party. now after they have submitted their written statement my lawyer is saying that he cannot pray for reinstatement.
please suggest me what to do as my whole life got spoiled because no company is ready to give me job without experience letter/reliving letter.
Thanks and regards,
Mohit