Vinod Yadav Advocate
04 September 2015 at 07:12
Respected Members,
kindly guide me with your valuable views about can a Manager whose salary if about 50000/- approach labour court for payment of gratuity???
as opposite counsel had filed an application under order 7 rule 11 with contention that present case is not maintainable in labour court cause of designation of employee.
kindly guide me with any citation
Vinod Semwal
03 September 2015 at 19:35
I have worked in IBM and spend 4 years 214 days.
Now When I approached IBM to release my Gratuity, They are denying and told me that there policy is to complete 4 years 240 days for gratuity eligibility.
Could Anyone Please help me.
Rahul Gupta
02 September 2015 at 08:45
Dear Sir/Madam,
I joined MES as a Group B gazetted officer (Asst. Architect) in July 2010. I completed there my probation and become a permanent employee. In 2013, I applied for Deputy Architect (Group A gazetted officer) in CPWD (another Central govt department) through proper channel and got selected. I received a training-cum-appointment letter on May 10, 2015 and I submit a Technical Resignation with Lien on May 11, 2015 to ENC Branch, New Delhi (Copy to Chief Engineer, Pathankot Zone, Pathankot and Command Office, Chandigarh) giving the serving date May 31, 2015 and joind the training of CPWD at Gaziabad, UP on June 1, 2015 as the training starts from June 1, 2015. At that time I was posted at CE Pathankot Zone, Pathankot, Punjab and the concerning office relieved me on May 31, 2015 giving a temporary certificate that they have no problem of relieving the employee with Technical Resignation with Lien acceptance is pending.
In my appointment letter issued by MES, MOD it is given that a notice period of 1 month from either side on resigning the service. In my case the notice period of 1 month is not completed as I resigned on 11-05-2015 and leave the department on 31-05-2015 (11 days left in completing the 1 month notice period).
I want to know that:
1. As I applied through proper channel and giving a Technical Resignation with Lien, and also going from Central Govt. to Central Govt. (Same Employer),
Is it necessary to serve the notice period of 1 month?
If not, then please provide the DOPT order no. regarding this.
If the notice period is required to serve then, How the 11 days of notice period are adjusted?
Can this issue is resolved by submitting the 11 days salary?
If a person joined a service under the same employer and in upper grade with the proper permission of present department, notice period is required?
Please help me as soon as possible as it is urgent because training is going to over in September 18, 2015 and I haven't received acceptance till now.
Thanking you.
With regards
Rahul Gupta
mahendrakumar
02 September 2015 at 06:34
an individual joined indian Navy in 1974,signing an enrollment form with the following conditions.
"I xxxxxx understand and accept the teerms and conditions of service in the Navy and I do hereby agreet to serv e honestly and faithfully in the Indian Navy for the term of 10 years from 01 feb 1974 provided my service should be so long required and thereafter for a further period of of 10 years in fleet reserve,if required,"
Now the persion has completed 10 years active service on 31st jan 1984. He was not told at that time,whether he was kept for reserve service for a further period of 10 years from 01 feb 1984.
during 1976,GOI,issued an order stating that,the practice of drafting sailors to reservists have been stopped with effect from 03 jul 1976,however,all those existing reservists till date would be paid the benefits. The sailor was discharged on completion of 10 years on 01 feb 1984.
the sailor's reservist pension claim was denied by the Navy on two grounds.
1. as per his original terms of engagement,his continuation in reservists,is only "if required". since the govt doesnot required you in 1984,you are not entitled for the benefits.
a) can such terms "if required" be a part of an engagement in service agreements with govt,legally valid?
b)in the instant case,the sailor completed his intial terms of agreement on 01 feb 1984,much after the govt stopped the reser vists system and benefits in 1976.however,the sailor was not intimated in 1976,whilst in service or on 01 feb 1984,while on discharge,that,he is not on reservists anymore. The govt order in 1976 says eventhough the system of rtransferring sailors to reservists stopped,all the existing reservists,need not be transferred to reservists,however would be paid the benefits,till they are wasted out.
kindly advise on the above,regarding the legal position of the said ex sailors claim on reservists benefits.
Kadesh
01 September 2015 at 19:40
Is there any provision to get discharge on attaining m tech
Radha Raman
01 September 2015 at 13:38
Resp Sir,
I am Radha Raman Sir I started working with Orphic Medicare Pvt.Ltd. Lucknow from 8 August 2014 to 01 August 2015.Sir during my tenure with the salary problem remains as it comes late and some times they use to pay bi monthly and seeing no future with this company I left the company on 1 August 2015 and handed the companies property to Company at the office permisses Lucknow, at the time of leaving the company the management is holding the expense for the month of june-15,Salary and expense for the month of july-15 and bouns of with they use to deduct from my salary every month and they say they will settle my account with in 15 days after that they are asking for NOC from their stockists which is not entitled for Managers but i manage for some stockists are under my control.
Resp Sirs i am in need of Money at this point of time pls help me and provide me the proper guidance
wasim ahmad
31 August 2015 at 20:16
sir,
i want to know how much amount should i recieve as statuory bonus from the organisation where i am presently working from last 14 months.my baisc salary including DA is under RS,10000.to be precise it is only 8500/month.
i have resigned my job ,am i still get the statuory bonus.please clarify.
regards,
wasim ahmad bhat.
employee: AT bluestream india bangluru
Goutam
31 August 2015 at 18:03
I have already completed 7 years of service, my previous employer given a bond .in the month of Mar'15 for two year in letter head not stamp paper and I also accepted at that time but unfortunately after four months I resigned then company will not released my Gratuity Payment and also please help that without stamp paper any bond is valid or not and also attach the letter. So request pls guide & advice
MUNISH GARG
29 August 2015 at 21:45
I was working in Autonomous body of punjab Govt from last 3 yrs. Now i hv joined Punjab Govt Depptt Food & Civil Supply through Direct Open recruitment by applying through Proper Channel, i hv given Technical resignation & also marked a lien. Now question arises whether my pay ll be protected or not. Bcz now punjab govt is paying only basic pay to every new employee which is only 10300 for 2 years. I was taking 34000 on previous job. Plz also tell CSR regarding pay protection n punjab high court judgements supporting ur views.
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confirmed or not
I am working as a clerk in a private unaided CBSE school since 2009. My principal not given any appointment letter or job agreement to me at joining time. Iam working continuous on this post from last 6 years. Now can I understood myself a confirmed employee according to CBSE rule that a employee will be confirmed employee after two years service.
How can I get confirmation letter from school if they are not willing.
Please guide me.
Thanks