MOHAN KUMAR
26 April 2015 at 17:04
Sir
I and my wife both are central govt employees posted at Delhi in different departments.One of my daughter is in class 12 and aged under 18. Recently I have got transfer order for posting outside Delhi. Please advise me the entire procedure to be followed to retain myself at Delhi.Posting liability of my wife is restricted at Delhi only.
sabyasachi
26 April 2015 at 00:07
I have been employed with a corporate training organization & been working on another company's project (being handled by my organization).
I resigned from my duties on 14th of the month as people associated in the project i was into(employee of the other company) put false allegations on me & i cannot compromise on my self respect,I clearly mentioned the same to my employer & said i will continue to work for him for the rest of the month to help him find a replacement for me,but not beyond that.
A)My employment contract says any employee would be considered confirmed after completion of 6 months of probation,where as under the 'probation period' column in contract it says employee would be considered confirmed after successful pass of a performance appraisal.
I have worked in this organization for 8 months & 7 days now,but no performance appraisal had been done 4 me so far....so am i a confirmed employee of my organization ??
B)the employment contract also says if i resign before confirmation i need to give 48 hr. notice max;if i resign after confirmation i have to give A MONTH'S notice.
So in the afore mentioned context how much would be my notice period - 48 hr.s or 1 month??
C)the employment contract no where says that i have to pay / compensate my organization if i resign without giving a month's notice.
Then how can my employer ask me to pay money equivalent to 2month's gross salary & threat me to legal actions if i fail to pay ??
please guide me as in all cases if i succumb to my employer my career would be completely spoiled
Lalnunmawia Sailo
25 April 2015 at 21:57
Dear Expert,
The O.M. No.11012/11/2007-Estt. (A) dated 14.12.2007, according to Para-7 provides that:
"7. Vigilance clearance will not normally be granted for a period of three years after the currency of the punishment, if a minor penalty has been imposed on an officer."
In the meantime, letter No. 25165/S/98-1 dt 10.6.1998 clarified that:
“The punishment of censure has no currency. Whenever an officer is ....... etc”.
My query is :
If an officer has been imposed with a minor penalty of "Censure", but one year later needs Vigilance Clearance to be appointed as Member of Regulatory Commission.
(1) Can Vigilance Clearance be granted to him irrespective of Para 7 above, on the ground that 'Punishment of Censure has no currency'?
(2) Or Vigilance Clearance can not be granted to him in line with Para 7, for a period of three years, reckoning the period of three years (0+3)from the date minor penalty was imposed on the officer? (Understanding that punishment of censure is a codified and formal punishment).
Pl tell me what to follow. I hope I explain the problem clear for you this time to enable you to give reply?
Lalnunmawia Sailo
kaur
25 April 2015 at 20:37
I am in private job for the last more than 15 years and confirmed employee of the institution. A year back in the interest of institution I reported certain facts before the higher authority against my senior officials regarding misappropriation and embezzlement of funds. But those officials are on & off trying to harass me and in one occasion I have applied for higher post which was vacant in this Institution but I was not even called for interview. I requested that I want to meet the Head Patron but was not allow to meet. Few months back my mother had written to Head Patron and explained the full details regarding the situation which I had to face for just speaking the truth and bringing actual facts before the higher authority but since more than 5 months have passed no reply has been received to my mother nor to me. Now I came to know from some sources that society is planning to remove me from the service. My query is that in case I am removed from service do I need to approach Labour Court or High Court for early decision.
C Mohan
24 April 2015 at 17:04
Dear Sir,
I have read some where that the employees who are working for Maintenance of Electrical and Civil works are considered to be looking after perennial works and not temporary ones.
It is requested to kindly give me the reference of judgements in favour of employees who were working for the maintenance of civil and electrical complaints in the Govt. of India Department.
With regards,
C. Mohan
Venkata Krish
24 April 2015 at 09:15
Dear Sir/Madam,
One of my fren working in bank was given a punishment of 2 increments for signing a fraudulent loan. Now he wants to challenge the case in a court other than high court. Which court is the best for speedy resolution in Hyderabad.
Thanks.
Sanjeet Kumar
23 April 2015 at 14:01
Brief Facts of the Case:
i) M/s Company X is a Public Sector Unit with Nine Production Units. In addition, Company X has established two Laboratories Y for R&D purpose. The executives of Y constitutes a Separate Cadre and are governed by separate Service Rules. In Short, the Service Rules for executives of X and executives of Y are substantially different. In fact, the service benefits of executives of Y are much superior to the service benefits of executives of X.
ii) In October 2010, I was appointed as Member (Research Staff) and was posted to Y. Subsequently, in January 2014, I was transferred from the post of Member (Research Staff), Pay Scale 16,400 – 50,500, in Y to the post of Deputy Engineer, Pay Scale 16,400 – 40,500, in Production Unit of X. In this way my Cadre and Service Rules was changed by means of Transfer. I was transferred and relieved within a day without any exigency. Since I was relieved within a day, in the interest of discipline I had complied with the transfer order and joined duty as a Deputy Engineer.
iii) Having my service condition altered substantially, I challenged the validity of Transfer Order through a Writ Petition before the Hon’ble High Court in May 2014. In October 2014, Hon’ble Court had issued Rule/admitted WP.
iv) Subsequently, I moved Interlocutory Application for Interim Order of Stay of the transfer order. In that IA, I had prayed for grant of interim order of stay of the transfer order and permission to rejoin duty as a Member (Research Staff) in Y. This was what the final relief sought.
v) In December 2014, Hon’ble Court was pleased to allow the IA and had granted the interim order of Stay of the transfer order with observation that “the transfer order is illegal, ex-facie and thus calls for interference”. That means, the Hon’ble Court had granted the interim relief which tantamount to the final relief.
vi) Subsequently, I sent four representations to the CMD and requested to comply with the Interim Order. The Company has not responded for any of my representations.
vii) Having no other option, I filed Contempt Petition (Civil) in March 2015. Hon’ble Court has ordered notice.
viii) After filing the Contempt Petition, I came to know that on in January 2015, the company filed the Writ Appeal and has also moved IA for Stay of Interim Oder. But Company has never requested for hearing of IA and so the Appeal has not been posted for hearing even once. That means, company has not taken Stay of Interim Order.
Queries:
1) As mentioned above, I was transferred and relieved within a day, so I had complied with the transfer order in the interest of discipline. Having complied with the transfer order and then filed WP and got interim order of Stay of transfer order, what is the legal validity and effect of Interim Order of Stay of transfer order?
2) In my IA for Stay, I had only prayer that Interim Order of Stay of transfer order to be granted and I shall be permitted to join duty as Member (Research Staff) in Y. The Hon’ble Court has fully allowed the IA and ordered the Interim Order of Stay of Transfer Order but has not specifically mentioned that I shall be permitted to join duty as Member (Research Staff) in Y. Since the IA has been fully allowed, does the Interim Order mean that I shall be permitted to join duty as Member (Research Staff) in Y?
3) Since the company has filed Appeal but has not taken Stay of the Interim Order, what is the legal validity and effect of the Contempt Petition?
4) The Company has filed the Appeal but has not requested for hearing even once. The company has not communicated the same to me even after submitting four requests to comply with the Interim order. That means the company has been simply waiting for the contempt petition to be moved. In this background, what is the propriety or legal validity of the Appeal?
Kindly reply to all of the queries pointwise. I also request you to kindly provide the reference of Supreme Court decisions or any other established law in support of your answer. I will be thankful to you.
Yash
22 April 2015 at 11:48
Dear team,
Earlier sent form I to employer through speedpost(not through registered post) and the timeframe to send form N to Ass labor commissioner of 3 months is passed.
Planning to send form I to Managing Director of the employer through registered post. Please confirm I could go ahead considering the earlier one was not sent through registered post or the timeframe to apply for gratuity is passed.
RITESH RANJAN
22 April 2015 at 07:04
Respected Jurists and Expert Members,
Kindly guide how an ALL INDIA ASSOCIATION OF HINDI TRANSLATORS working under different departments of Central Govt. can be formed.
I shall be grateful.
Thanking you,
Yours faithfully,
Ritesh Ranjan
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Revoking of resignation accpetance
I recently quit a job of 10 years to join a new organization. While I did not ask for a waiver of notice period (months), I requested 'if possible' I may be relieved in next 15 days. My resignation was accepted and I was relieved in 15 days. No mention was made in the acceptance mail that my notice period is being waived or that I would have to pay up for that period.I was wished all the best in life.
After 2 months of me joining the new organization, I have been informed through an email by the previous organization that since I have joined a competitor (apparently there is a non-compete clause in the Employee Handbook) and violated the service conditions, my resignation acceptance is being withdrawn and I am being served with a termination letter which is being sent to me in due course. My dues have not yet been cleared.
Please advise, if my resignation acceptance can at all be arbitrarily withdrawn, and that too after over months of acceptance originally in the guise of a non-compete clause.
Also, would I have to pay up for my relieving earlier than the normal notice period, even though I did not ask for it to be waived and the resignation acceptance did not mention it at all.
Thank you.