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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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chunu subba   11 March 2015 at 18:17

withholding of pension.

Can an employees pension be withheld by the govt if he is convicted for misconduct under Prevention of corruption act. The person was suspended earlier but later his suspension was revoked. He hasn't caused pecuniary loss to the govt. In such cases does the govt reserves the right to withold pension.

sandeep pilania   11 March 2015 at 12:34

mantally harrasment

i was terminated by management of unaided private school in 2013 and i took stay from court and still on duty.my post is computer clerk. as per stay they can't change my duty. but principal gave me a notice of change my duty place from office to play ground in written. in ground they put a chair in a tube well room and ask me to sit whole day there.they said it is my clerk office. the room is 800 MTR. away from school building in play ground and even there is no facility of drinking water. they do not allow me to enter in school for drinking water . they are harassment me physically and mentally.
what can I do as per law of court or human right commission or CBSE law or education law
please discribe in detail

praveen kumar   11 March 2015 at 11:17

Mimnimum wages

when analyzing adherence to Minimum Wages as per govt notifications, what amount should be compared with statutory notification - the basic and vda component or the gross salary. Illustrative Case:: a security guard is paid 5000 as basic + da and 3000 as other allowances = gross 8000. the relevant Minimum wages for Security guard of that category and region as notified by CLC is 5200 (Basic + VDA). Is the payment being made to the security personnel in violation of Minimum wages Act.


thanks & regards

Lt COL R S shekhawat   11 March 2015 at 10:51

volunteer for territorial army services as per SAIL rule

SAIL services rule are favorable for employees to serve in territorial ARMY on part time but executive director is not allowing and has transfered me on personal jealousy to punish me for. Servings in national defence
How to file case against him for causing hindering in my passion of serving in ARMY abide rule of SAIL
It is not am unfair act of discrimination and fit case of harassing

Please advice

Lt COL R S shekhawat   11 March 2015 at 10:48

volunteer for territorial army services as per SAIL rule

SAIL services rule are favorable for employees to serve in territorial ARMY on part time but executive director is not allowing and has transfered me on personal jealousy to punish me for.

ajay   10 March 2015 at 01:00

Seeking help on gratuity

I am working for Software industry(works 5 days a week) from last 4 years and 192 days. i consulted about grauity to HR and he is claming that Clause 2A.1

"(1) an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order [***] treating the absence as break in service has been passed in accordance with the standing order, rules or regulations governing the employees of the establishment), lay off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act."

of continuous service is applicable for me instead of 2A.2.a.i.

"(2) where an employee (not being an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer -

(a) for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than -

(i) one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week;"

I can share the email communication with you.Can you please help me on two things. 1.)my eligiblity for gratuity.

2.)if eligible,neccesary supporting document/argument.

3)Can i fill form I as only 10 days of my relieving.

4)one copy of Form I will be sufficient addressing Employer?

Thanks in advance.

ajay   09 March 2015 at 19:49

Seeking help on gratuity queries

Hi,
I am working for Software industry(works 5 days a week) from last 4 years and 192 days.
i consulted about grauity to HR and he is claming that Clause 2A.1 of continuous service is applicable for me instead of 2A.2.a.i.
I can share the email communication with you.Can you please help me on two things.
1.)my eligiblity for gratuity.
2.)if eligible,neccesary supporting document/argument.

it'll be a great help.
Thanks in advance.

Regards,
Ajay

pratik   08 March 2015 at 18:35

Central government group c recruitment & local candidates

Dear Sir/ Madam

Dept. of Posts (DOP) conducted an exam for the post of PA/SA, RMS, PASBCO & few other GROUP C posts. The exam was conducted circle wise. MAHARASHTRA & GOA is a separate circle. The Exam had two papers Paper 1 (written) & Paper 2 (Computer Test). DOP conducted exam in May 2014 for Paper 1 & those qualified for Paper 2, were asked to appear at paper 2 in Nov 2014. This paper 2 was just qualifying nature & merit is based on Paper 1 which was a written test.

After that the DOP declared final result on 08 Jan 2015. But due to discrepancies in Paper 2 (computer test) marks due to some operational errors, DOP removed the result next day from its website. DOP came out with accurate marks & new list in February 2015. This new list has no errors & is still there on DOP Maharashtra website.

In the meanwhile some candidates who were having their names in first list & failed to appear in updated list, approached the Nagpur Bench of high court. Due to this (and also due to political pressure) DOP has not yet released joining letters of selected candidates. Non-selected candidates have put the writ petition on the basis of ARTICLE 226 claiming there are more number of Outside Maharashtra students in the list & exam should be conducted again.[Stamp Number: WPST/3541/2015 Filing Date: 20/02/2015 Bench Nagpur Status: Pre admission]


I would like to know if anything can be done to get the joining. Can we get joining by giving undertaking to DOP or should we admit a counter-case. How much time can this process take?

Anonymous   08 March 2015 at 12:37

can i get leave during probation period

I am working as assistant in central govt job.now I complete one month probation. Can I take (without pay leave )or medical leave for 3 months during probation.is it possible? What is the prodecure of taking that leave?

P.ESAKKIMUTHU   06 March 2015 at 19:50

Id act sec 2(a)(3)

a workman was dismissed in the year 2008 and his case of termination is taken before Labour Court u/s 2(A)(3) of Industrial Dispute Act,1947. The Labour Court returned the case papers stating 3 years period mentioned in the section was already over as on date.My contention is termination done after 15.9. 2010(date of coming into force of Sec 3(A)(3) of ID Act is covered under this section and case of termination done prior to 2010 even though 3 years time is over as on date does not fall under Sec 2(A)(3) of ID Act. . The Labour judge accepted that though this section is not a bar for filing cases of termination prior to 15.9.2010 but he insisted that 3 years period as on today is over and hence the case can not be numbered.Kindly clarify the correct position with regard to the operation of this section especially 3 years period to be counted as on 15.9.2010 or not