ARTI GUPTA
13 February 2015 at 15:09
IS A CENTRAL GOVT EMPLOYEE OF A REPUTED PRIVATE SCHOOL IN DELHI HAVING WORKED ON CENTRAL GOVT PAYSCALES TILL RETIREMENT WORKS FOR 10 YEARS MORE ON CONSOLIDATED BASIS AFTER RETIREMENT ELIGIBLE FOR GRATUITY AS PER CENTRAL GOVT. RULES.HE HAS A CLEAR EMPLOYER EMPLOYEE RELATIONSHIP,IS A MEMBER OF PF, IS IN RECEIPT OF SALARY SLIP, ELIGIBLE FOR DEDUCTION OF TAX,IS IN RECEIPT OF TDS CERTIFICATE,HAS PROPER APPOINTMENT LETTER,I CARD.
Pragati Jain
13 February 2015 at 11:31
Greetings Seniors,
I want to know if an Employee working full time in an Organisation, can also work part time on weekends as per Indian labour laws? It is to be noted that the employee is not on payrolls of the Organisation where he is working part time but only on the payrolls of the organisation where he is working Full time. which section of Factories Act or any other Act of labour law governs the same? Any light on the same would be of great help. Thanks in anticipation of a response.
varun
12 February 2015 at 20:23
1. I appeared in entrance examination conducted by BSNL for the post of JTO in the year 2002. For which final year students were also eligible provided they were in possession of their final degree marksheets on or before 31/07/2002. But my marksheets were delayed. I was in possession of my marksheets at the time of declaration of results by BSNL which was declared on 16/09/2002. I was denied appointment by BSNL on this ground.
2. I approached in Hon’ble High Court, New Delhi in Dec-2002. Got judgment in my favour in Jan-2004 (CW 5181/2003 dt. 13/01/2004) (1)
3. BSNL appeal Hon’ble High Court bench, New Delhi. Bench upheld the judgment passed by single learned judge in Feb-2004 (WA 245/2004 dt. 27/02/2004 ) (2)
4. BSNL appealed in Hon’ble Supreme Court. Hon’ble Supreme Court admitted the case without granting any stay on the Hon’ble High Court Bench, New Delhi order. But still BSNL did not appoint the applicants. (Civil Appeal 4835/2005 dt. 30/01/2008) (3)
5. In 2008, Hon’ble Supreme Court pronounced judgment in my favour. Thereafter joining formalities were implemented by BSNL. But rather implementing Court order from retrospective effect, BSNL implemented it prospectively thereby treating me as fresher.
6. Now to come at par with my batch mates I again approached Principal Bench CAT, New Delhi for following:
a) My Seniority and salary at par with my batch mates.
b) eligibility to appear in departmental competitive exam for which 3 yrs length of service is prerequisite (Since all my batch mates joined in year 2002 batch. Hence they were eligible)
c) eligibility to appear in Management Trainee examination for which 4 yrs work-experience is pre-requisite (Since all my batch mates joined in year 2002 batch. Hence they were eligible)
d) functional upgradation which are provided after 4 years of service. Presently my batchmates are in grade E3 and I am still in E2.
7. In 2009, I Filed Court case in Hon’ble Principal Bench CAT, New Delhi regarding length of service, seniority and other benefits at par with my 2002 batch-mates (OA 2854/2009 dt. 03/06/2010)(4)
8. In 2010 Hon’ble Principal Bench CAT, New Delhi pronounced judgement partially in my favour. I was granted seniority and pay-fixation at par with my batch mates (point 5.(a)). But denied length of service which was required to appear in various promotion competitive exams for which my batchmates of 2002 batch were eligible. Judgement was silent on point 5.(b) and denied my entitlement for point 5.(c).
9. To implement the Hon’ble Principal Bench CAT, New Delhi orders issued in point 7, I had to file contempt after 6 month of judgment (5) (CP 956/2010 dt. 18/01/2011)
10. To challenge the length of service, I challenged the Hon’ble Principal Bench CAT, New Delhi orders to limited extent in Hon’ble High Court Bench, New Delhi. Hon’ble High Court Bench, New Delhi passed order to approach Hon’ble Principal Bench CAT, New Delhi again as there was no clarity on the issue. (6) (WP(C)-8704/2010 dt. 15/09/2011)
11. I approached Hon’ble Principal Bench CAT, New Delhi again in 2011 and got judgment in our favour in 2013. (7) (OA 116/2012 dt. 08/01/2013)
12. Again to implement those order, I had to file contempt in 2014 Hon’ble in Principal Bench CAT, New Delhi. (8) (CP 487/2013 dt. 17/01/2014)
13. Additionally, I filed caveat in Hon’ble High Court, New Delhi to avoid one sided stay to BSNL on Hon’ble Principal Bench CAT, New Delhi orders. (9)
14. BSNL challenged the Hon’ble Principal Bench CAT, New Delhi order in Hon’ble High Court, New Delhi and their case was rejected at the time of admission itself. (WPC 7175/2013 dt. 20/11/2013) (10)
15. I filed caveat in Hon’ble Supreme Court, New Delhi to avoid one sided stay to BSNL again. (11)
16. The Hon’ble Supreme Court, New Delhi admitted the case without granting any stay on Hon’ble Principal Bench CAT, New Delhi orders. Hence BSNL implemented Hon’ble Principal Bench CAT, New Delhi orders but not in totality. (civil appeal 3805/2014)(12)
17. In contempt petition Hon’ble Principal Bench CAT, New Delhi directed that applicants will submit their representations and BSNL to consider our notional joining date as joining date for all practical purposes with liberty to revive the contempt.
18. As BSNL was not granted stay order by Hon’ble Supreme Court, BSNL implemented Hon’ble Principal Bench CAT, New Delhi judgment but denied us functional upgradation at with 2002-2003 batch which is due in every four years on the plea that our length of service is less by 6 years.
19. I have again filed an MA in Hon’ble Principal Bench CAT, New Delhi for reviving the contempt. (13)
Now, My question pertains to whether I am entitled for harassment case against my employer and under which rule. Since I have to approach Court of law for each right. So many cases have put a lot of mental and financial pressure on me. I have to approach Court of law 13 times to claim my rights out of which 2 are still ongoing). Pl suggest and help what action should I take.
All judgments from 2008 are available on respective court websites
Mukul Anand
12 February 2015 at 13:59
Hello sir,
I work in Railway, one of my colleague (female) have been misbehaved and abused by our office in charge. She was going to lodge FIR but we stopped her saying that there must be some other way to deal with such a situation. Even all the office staffs are ready to witness the incident before police. Please advice what can be done in this case lawfully.
thanks
MOHAMMED HAYATH
11 February 2015 at 16:02
As i was working with a stablishment in saudi arabia since 2004 to 2010
my employer registered my name to the goverment authority as absconding. while the same time i was working with the same establishment
when i came to know i have filed a case in the court with supporting document which shows thaty i was working in the same establishment, but the court didnt favour me, and the authority deported me
can i file a case through human rights commission to the saudi embassy in india
pls guide
Deepak Nair
10 February 2015 at 21:30
Are the employees of a company who are of executive level, covered under labour law? Can they file complaint under prevention of unfair labour practice act?
If not then what are the remedies for them?
In the present case some employees were asked to resign. Full and final settlement was done. But variables and bonus are not given. 3 of them jointly wants to take legal action against the company.
Kindly advise.
Alok
10 February 2015 at 11:48
Hello Experts,
I need urgent attention to below given matter.
I left an Pvt Company registered in Delhi and office in Noida where they agreed to relieve me by mentioning INR 1,08,000 /- (Short Notice period money + Training Bonds amount ), signed by me and I have handed over cheques to them for the same amount as per details mentioned in short notice period recovery notice. No break-up of liability was mentioned in due letter and only sum was there.
I was chasing this company to seek my Exp, NOC letters etc but didn’t get any response over phone call for next 11 days after cheques hand over ( handed over on 14th Sep 2007) and during one call made to HR to ask for letters required by next employer including break-up of liability, I got to know that they are preparing to send legal notice to me. As they were not issuing any break-up of how this much needed then I decided to stop cheque payments and notified HR person by email and call.
Below given is the email which was sent by me to inform about cheque payment stop:
***********************************************************
Hi , ,
I have observed that the declared amount by you to be paid against short notice period is high. The amount to be paid should be less than the conveyed amount.
I request you to send me the letter for the final amount to be paid with break up. For the mean time please don't deposit the handed over cheque to for the amount INR 54,000 /- dated 15 Sep 2007 and INR 54,000 /- dated 20 Sep 2007. Please confirm that do I need to pay the full month salary or only basic salary for the short noice period.
I have requested my bank to stop these cheque payment.
After getting final amount letter to be paid from , I will hand over fresh cheuqe for the amount to be conveyed. The cheque is only stopped because of discrepancy in sum of the payment to be made by me to as per the letter issued by you.
Regards
********************************************************
After few months, I received a legal notice from this company asking INR 5,00,000 for loss in project and replied from my side mentioning same amount to be payable for my mental stress and suffer caused in absence of requested exp and NOC letters due to them.
After few months ( ~1 year) of last working day with this company, I received court Civil suit copy where they asked for INR 14,00,000 for “Short Notice period money + Training Bonds amount + Project loss which was participated by me” but Employment agreement only says for 2 months notice period and no clause to share/bear project profit/loss.
I would like to get experts view on this considering Due letter signed for INR 1,08,000 /- , cheques handed over but no break-up was given stating leave balance etc..:
1. Can employer ask for higher amount than INR 1,08,000 stated in due letter as they didn’t give me break-up. Delhi Shops and Establishment act says Employer needs to settle balance Annual Leaves in employee account during employee’s exit but they didn’t consider this?
2. Can employer ask for full Bond amount even if Employee has served some period for that bond. I saw few rulings by HC and SC asking to consider training bonds on prorate basis by considering served period out of total period?
3. Can ignorance of law when due letter was signed takes over any law/policy. In my case if I signed letter to give INR 1,08,000 /- when was not aware about Leave settlement and Training Bond rulings then it cant be considered now and base is only INR 1,08,000 to talk further?
4. Does court considers mental suffer of defendant party on such matters where contract or conditions are always put in favor to employer and employee has to sign considering circumstances?
Thanks a lot in advance.
JS Singh
09 February 2015 at 22:45
hello. I have had some hearing sessions in chandigarh high court in last two years. Can i get some recordings of arguments(in text/audio) made in those sessions by both lawyers.
Thanks.
Nick
09 February 2015 at 01:03
We have IPC 498a/304B case pending in lower court for last 5 years. My father was a primary school teacher in West Bengal and he was suspended from the date he arrested. My-self, son is the prime accused in the case. One month back my father retired from the service.School authority not giving the retirement benefit to my father.School authority said they will provide the only PF amount now and gratuity,pension and commutation will be provided only after the final judgement of the case.I would like to mention here school authority has given the 75% of salary to my father till retirement.
However I father applied for accommodating the retirement benefit to school authority after the retirement and in reply to application they have issued a later saying "However in terms of G.O No.888/ES/O/PEN/IM-2/2011 Dt.-15/07/2011 he is entitled for ad-hoc pension till finalization of the case subject to the conditions stated in the said G.O"
I would like to ask few questions to our expert as below.
1) What should I do now to release all amount entitled?
2) what are the conditions in the said G.O
Thanking in advance.
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Junior getting more pay
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