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

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kabilan   03 March 2015 at 08:59

Service rule versus courts order

Dear sir,
I need clarification on the following.
The service rule, made under article 309 of Constitution of India, prescribe a mode of appointment of a person in a service. When a division bench of a high court defines the mode i.e., how an appointment is to be treated as Promotion or Transfer.

Which one is valid in law ?
Can the courts take the power of legislature to make rules?

mohan das   03 March 2015 at 01:49

Issue with my notice period

Hi,
Iam mohandas. Iam currently working in an IT company..i joined the company on 10th nov 2014 in chennai location. On joining day,i was not given any appointment letter but the company hr had me sign a bunch of documents and also took sign on the offer letter copy which i had carried. When i asked about appointment letter, the hr told me that i would be given appointment letter after 1 month of joining. I met with an accident on 4th dec 2014 and didnt go to office from then.i notified the company about my accident the same day.i recovered well by january 25th 2015.my family is based out of bangalore and my work location was chennai. After accident,i couldnt bring my family to chennai as we have a premature baby(born in dec 2014 in his 7th month) and i had to be with him as he had lot of complications.
.after serious consideration about my future ,i opted to look out for job oppprtunities in bangalore and hence informed my company that iam resigning. I have a 2 months notice period clause in my offer letter and i requested the hr team that i will pay out for my notice period amount or in worst case i would serve my notice period by doing work from home(from bangalore). The company took back the company laptop and all other company assests from me. After taking the company assests now the hr team has sent a notice to serve 2 months notice period from chennai location or legal action would be taken against me.
I spoke to hr team couple of times on the alternatives but they are reluctant that i have to serve notice period from chennai location.

I have couple of questions here.
1.i was not even given the appointment letter till now..is the company doing the right thing to force me to serve notice period from chennai location

2.what legal actions the company can take against me as iam ready to pay out for notice period or ready to serve notice period from alternate location.

3.can the company in first place deny my payout offer and force me to serve notice period


Rehards,
Mohan das

balaji   03 March 2015 at 00:31

Notice period waiver

In my friend company , notice period waiver given for earlier sales manager for two month , whereas my friend has given notice period of one month who is just join as a sales manger replacing earlier sales manager . Company is saying that it is as per discretion of mgt., waiver is giving by company. My freind want two month waiver in notice period . How can my friend request is tenable. Noting is mention in the appointment letter regarding waiver of notice period and companies policies .

HR head and company senior is just giving him false reply?

balaji   02 March 2015 at 23:22

Notice period pay

My friend has join a company , as per appointment letter he has to give month notice period if not served. My friend has resigned . Company officer compel him to leave early by taking him in writing in backdate that request the company for fiftten days favour against notice period and he has to pay balance amount as HR said to him. And take over from him laptop and also by threatening him , they get from him f & f paper including handing over documents . Company officials has not given him any documents which they get signed from him .
After 8 days , my friend has written a letter to company that he has withdrawing the said earlier letter given to the company for waiver of fifteen days notice period. And also he written in the letter that if company has not provide balance days waiver in notice period then he will ready to come back to the service, as he is still in notice period till that time. After receiving the same letter , HR head has intimated him that company has accepted his earlier letter for fifteen days waiver in notice period. Also attached the same letter in the mail . No other documents has provided by the company. Thus deprive him for performing official duties. Company official is not providing him any other documents which they get sign from him , particularly hand over form.
When he asked for handover and other form , Company officials has threatening him that he has committing management offence. My friend services has not terminated but he has resign from the company.
My friend has also due bonus of 3 month due. Can he claim bonus?. Can my freind has some remedy against companies such action. What will be course of action company can taken against my friend if he has not paid the unbalance notice period serve to the company, considering the above situation. Can he claim bonus , as per appointment letter due to him?

rakesh   02 March 2015 at 15:43

Writ against dismissal

Kindly let me know what is the duration for filing writ against dismissal.
Since the employee will face problems after joining organisation on reinstatement , can petition be filed in court against dismissal for honourable exit on the same date of dismissal and for recovery of all withheld amount.Can compensation be also filed alongwith?

Russel Timothy R   01 March 2015 at 22:50

Prior permission for higher studies got but change of institution

sirs,
greetings. i work for an autonomous body under govt in an educational inst. and i had acquired permission during 2008 to do my part-time external phd course but had to change the university during 2011 due to some problems with the univ. and the guide. this was informed to my office only later during 2013, which my office is asking explanation.

pls advice me as my job or duties were never affected due to my part time education and had never applied for long leave / study leave such that my regular job duties were affected.

thanks in anticipation
russel,t.

PD PUNIA   01 March 2015 at 21:07

Pf registeration

We have service provider(contractor) for hiring labour to work our Petrol Pump. The service provider has registered his firm i.e XYZ security agency in PF department and he is sole proprietor of this Firm.
We have engage him as service provider by his name Mr. ABC.

Please advise he has registered again for giving PF to hired person of our petrol pump or he can deposit PF by his Firm i.e. XYZ security.

jyoti   01 March 2015 at 14:21

Withdrawl of suspension after 90 days.

Supreme Court has given a decision that an employee can not be kept on suspension beyond 90 days if no charge-sheet is served. Is it applicable to State Bank of India? Can an aggrieved person go to court under PIL as it is of common interest to several suspended persons in different Bank?Whether one should approach Supreme Court directly or move to High Court?

Amit Varma   26 February 2015 at 21:45

Job bond n psu

Dear Experts

I have been selected in a Indian PSU company under ministry of Railways and got an offer latter, However I am asked to sign a bond of 5 years or 6 lac on a bond paper.
This is further said that the post is for freshers i.e. Scale E-0 with basic 12500/-(gross pay- 32,000)

This duration of 5 years or 6 lac seems too much for the said post when compared with other PSU where for Basic 16500(E-1) the bond duration is 2 years or 2 Lac.

What should I do and whether the above bond s legally enforceable in India ? as nothing justifies such big duration/amount.

I hope to get a quick response.

Thanks in advance

priyanka   26 February 2015 at 19:54

civil case

I was hoping to know that if a banquethall owner files a police complaint or law suit of recovery against me will It effect my chances in interview in a government job?

Can he file a police complaint though?In any matter?