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Idris   26 September 2015 at 11:00

Trade licence

Is it Mandatory for a Trader to obtain Licence under section 287 of Chennai City Municipal Corporation Act IV of 1919

Major Rajesh   26 September 2015 at 01:07

Pay protection

Dear sir,I was working in armed forces medical services as a short service commissioned officer Wef 25 April2008.in July 2014 I applied for a post of deputy manager in a psu of MoD,while attending the interview in February 2015 I submitted NOC and pay slip of January 2015.Then on last 31 March 2015 I was released from service after putting7 yrs of service.Surprisingly in September 2015 I got an offer letter from the psu for the applied job asking me to join in November 2015.Now they r offering me pay scale E2 of IDA (20600-3%-46000) with minimum basic of 20600 but when now I am joining I m not in active service..
Can I ask for pay protection as per pay slip(PB3 scale 15600-39000 grade pay 6600,)basic 22950 of January2015 which I submitted during interview.also on the ground that my candidature was as serving candidate.
Regards Major Rajesh

GOVIND SINGH   25 September 2015 at 16:12

technical resignation

Sir,
I joined department of posts on 13th July 2010.I have recently been given conditional appointment in up basic education department with time of 10 days to join I.e up to 30th sep 2015.I took permission from my department before applying in 2013. I want to give technical resignation. But my superintendent is saying. There is no such provision in our department. I won't give u technical resignation. Also no 1 month prior notice you have given so resignation is also not possible. But I got my appointment letter on 21st sep 2015 only.kindly help me what should I do

Yogini   25 September 2015 at 12:42

Not complying minimum wages act

Company is not complying the minimum wages act from past 10 years & it is giving less salary to its employees without employees knowledge.
1) Can any body complain to the labour dept?
2) If yes, whether labour dept will keep the complainer's name as secret?
3) Will there be any incentive to the complainer?
4) If ex-employee complains, whether there is no harm to such employee & will there be any career will be affected since the company has already given the relieving letter?
5) How company can take action to such ex-employee?
6) How can company get rid of these kind of issues?

Kindly clarify above doubts.

Anonymous   25 September 2015 at 00:52

lien on a permanent post

i am working on a permanent post of assistant teacher from 29 july 2013 onwards in up basic education department of up on 4200 grade now i m selected in direct recruitment in d same department same district varanasi on the grade 4600 on assitant teacher of middle school i applied for releive from my 4200 grade post with lien on it but d authority is not allowing me saying you are not a state employi weather it is right and what should i do for it plz help its urgent only 3 day left to join new post

Neha Arora   24 September 2015 at 15:47

Regarding non-selection for the post even after getting higher marks than the selected candidates

Respected Sir/Mam

Presently, I am working as Postal assistant in PB-I (5200-20200+ 2400) in Department of Posts since 2011. I applied for the post of Assistant (9300-34800+ 4200) in Kendriya Vidayala Sangthan (KVS) through direct recruitment examination. As per the advertisement, qualification for the said post was Graduate with 03 years experience as UDC in Central / State Govt./ Autonomous Bodies/ Public Sector Undertakings .

I fulfilled above said requisite conditions and my application was accepted. I was allowed to appear in the competitive test. Now, my grievance is that my name has not been empanelled in the Main Panel List for appointment to the post of Assistant even after getting higher marks than the selected candidates. Names of approximate 21 candidates of “UR” category who got lesser marks than me have been empanelled in the Main Panel List for the post of Assistant and no reason regarding the non selection of the candidates who secured higher marks have been given in the result by KVS. However, from the reliable sources, it has come into the notice that all Postal Assistants who appeared in the above said exam have not been considered by KVS with objection that Postal Assistant working in Department of Posts are not UDC. But, in previous recruitments, postal assistants have been appointed at post of Assistant by KVS. But, this time they have not considered Postal Assistants even though they are in same scale of (5200-20200+2400) as UDC.

Is experience of Postal Assistant in Department of Posts which is Central Govt. Department , not a UDC experience?? Kindly guide in this context.

Regards

chandru   24 September 2015 at 11:48

Shop and establishment

Dear Sir,

what is the registration fee for shop and establishment in chennai.

anirban bhattacharjee   24 September 2015 at 09:21

Seeking help in recovering terminal dues from my previous employer

Dear Labour Law Experts,

I want to know the provision & procedure under Shop & Commercial Establishment act to proceed legally under labour law of India against my previous employer.

I would like to brief about my case as below:-

I have worked for this company from June, 2014 to July, 2015 as Manager-Sales posted at at Kolkata and I was operating from my residence. I resigned from this company on 6th July,2015 due to differences in opinion during a meeting held at Gurgaon on 5th July,2015 and expressed my desire to serve a notice period of one month through mail. But instead of accepting my resignation, I was provided a letter on 6th July, 2015 itself stating that I have been terminated from the company w.e.f that day itself on the ground of "Summary Dismissal" alleging that I had earlier submitted forged, manipulated & fabricated fooding, lodging & travel bills and they refused to pay my legitimate terminal dues like leave encashment, notice pay, pending travel reimbursement and incentives etc. I have denied all the charges and sent a legal demand notice to my employer through a lawyer failing to receive the dues after repetitive follow-up & requests. After receiving the notice, they have replied through their lawyer and admitted to pay one third of the claim amount but denied to pay balance amount saying that since I was terminated under summary dismissal so I am not eligible for the balance amount and the above amount will be paid only after I handover some demo instruments. I have sent a rejoinder notice through which I have denied all the charges citing various incidents during employment and documentary evidence having not accepted any clause of this kind and also denied of having any demo instruments in my possession .But, they replied sticking to the above matter and threatened to proceed with a criminal case and pressurized me to withdraw my legal notices.

Company has only one registered office in India at Gurgaon,Haryana. I was posted at Kolkata and was operating from my residence. Salaries were being credited to my Kolkata Bank account.

I have following information about this company to share:-

• My Employer was Indian subsidiary of an US based MNC.
• Company has reported losses with Income Tax Dept. for FY 2013-14 & FY 2014-15.
• They do not give PF, Gratuity, Medical Reimbursement & LTA benefit to its employees rather offers salary as a consolidated amount.
• Company has around 10 employees in India and Sales Turnover is around 2 Cr.

My lawyer in Kolkata has asked me to consult a labour law specialist as according to him now I am left with two options; one, Money Suit which is time taking and involves cost and Secondly, could be Wind-up petition though it is not a recovery suit but I can recover the money which has been admitted by my employer since balance amount is disputed. But, he told that there is a provision under Shop & Commercial Establishment Act where there is no difference between Workman & Manager and since I did not exercise any power to grant leave, to initiate disciplinary proceedings and to make temporary appointments etc., I can be treated under non-manager category. He also told me that I can also claim for the salary loss with interest after termination ,till the time I am unemployed.

Requesting for your valuable advice on the various steps & proceedure under this act and plz let me know whether I can proceed from Kolkata or I have to consult a labour expert in Gurgaon seeing the jurisdiction.

Can anybody give an idea on legal service charges for filing a case with labour court or recommend a labour law expert in Gurgaon.

Regards,
Ani.

karamsetty balaji   23 September 2015 at 22:42

Qualifying service counts for pension and pensionery benefits

CAT, HYDERABAD CONFIRMED MY RESIGNATION AS TECHNICAL RESIGNATION AND ORDERED TO COUNT QUALIFYING SERVICE FOR THE PURPOSE OF PENSION AND PENSIONERY BENIFITS. IN OA NO.178/99 VERDICTION DTD.23-02-2000. EVEN AFTER 15 YEARS PAST SERVICE WAS NOT TAKEN FOR DRAWING INCREMENT AND FOR FIXATION OF PAY IN THE NEW POST(DEPT. OF POSTS SAME DEPARTMENT). WHAT IS THE MEANING FOR COUNTING OF PAST SERVICE FOR PENSION AND FOR PENSIONERY BENEFITS. WHETHER THE PENSION CALCULATES ON THE LAST PAY DRAWN WITHOUT TAKING PAST SERVICE HOW COULD I GET THE PENSIONERY BENEFITS I.E RETIREMENT GRATUITY ETC.. AT THE TIME OF RETIREMENT. mY DOUBT IS INNER MEANING IMPLICIT IN CAT ORDERS i.e to take the past service for increment drawal, carry forward of leave, pay fixation in the new post. But, these benefits are not extended in my case so far. please guide me in this regard.

karamsetty balaji   23 September 2015 at 22:32

Cat, hyderabad confirms technical resignation ordered to count qualifying service for pensionery ben

CAT, HYDERABAD CONFIRMED MY RESIGNATION AS TECHNICAL RESIGNATION AND ORDERED TO COUNT QUALIFYING SERVICE FOR THE PURPOSE OF PENSION AND FOR PENSIONERY BENIFITS (OA NO.178/99) VERDICTION DTD.23-02-2000. bUT, STILL MY PAST SERVICE WAS NOT TAKEN FOR DRAWING INCREMENT, FIXATION OF PAY IN THE NEW POST. IS IT CORRECT? PLEASE GUIDE ME IN THIS REGARD. WHETHER I AM ELIGIBLE TO GET THE PAST SERVICE AND ALSO WANT TO KNOW WHAT IS THE IMPACT OF JUDGEMENT ON MY PAY & ALLOWANCES IN THE NEW POST. AFTER 15 YEARS ALSO JUSTICE WAS NOT DONE IN MY CASE WITH THE CAT JUDGEMENT. PLEASE HELP ME.