Anonymous
26 January 2015 at 23:06
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sandy
26 January 2015 at 17:50
I am working with one of the leading health insurance company and I have resigned from my job on 15 jan 15, My notice period is 45 days or 45 days salary, so i opted for 17 days working and other salary return option as per left days. But now my company is not relieving me and saying they will not provide relieving/experience letter to me and take legal action against me if i abscond.
As per my appointment letter the note is "your employment will be subjected to termination at any time by giving 45 days notice in writing by either side or by payment of 45 days salary in lieu of notice, provided that in case of the notice of termination is given by you, it shall be company's discretion to decide whether you need to work out full period of notice or whether your services shall be terminated at some earlier date determined by company.
Please Guide
naseeb kumar
25 January 2015 at 19:16
Sir,
I am working with district court, Delhi. I have joined the office in 2009 as an L.D.C.. Now in 2014 I have selected as stenographer in the same office/department in a open competitive exam. I have applied for the stenographer post through proper channel. I have joined my duties as stenographer in April, 2014.
when I will get ACP in the year 2019 from my initial joining or in 2024 as per joining as steno.
whether it is a promotion? if yes what benefits should get?
Therefore, all experts are requested to kindly provide/ suggest me rules on above matter.
Thanks and regards
Naseeb Kumar
satish kumar
25 January 2015 at 14:52
Pl suggest me senior & best service matter lawyer(Railway) to file a case in Punjab & Hariyana High court
OA 1025/PB/2013 filed by the applicant is dismissed on the ground that the OA is filed almost 23 yrs belated stage although the respondents apoointed in nov 1991 do not fulfill the eligibility criteria. legal notice was sent to the respondents in nov 2012 and 1&1/2 yrs relaxation was given by tribunal, in spite of this the CAT chd dismissed the OA after two years of pleading.
sujit
24 January 2015 at 20:10
Hi Experts,
I accept the mistake that I have worked for two companies for 10 days. The last working day in my previous company is 20th oct & the joining date of my current company is 10th october. Now my current company may terminate me & that's okay for me.
But I want to clear this so that I will not face any legal action from any of the companies.
Let me inform that I have not withdrawn salary for october month from my previous company.
What are the legal actions I could face. & being a good citizen, what I can do from my side to clear the legal aspects, while accepting my mistake?????
PRASHANT
24 January 2015 at 12:28
I am currently working as ASM in Jabalpur Division (W.C.R), Basic Pay Rs.16450 (i.e. 12250 pay in PB2+Rs. 4200 GP as per 6th pay commision). I was initially appointed on 18.09.2006 as ASM in 4500-7000(2800 GP) and I was promoted on 01.07.2010 in 4200 GP .
In 2012, Indian Railway organized Centralised Employement Notice No.03/2012 for different graduate post which was conduct by RRB Bhopal , I had applied for it with proper channel and NOC.
I got clear all stages of this exam successfully and I got Sr.Clerk cum Typist(2800 GP) post in Jan 2015.
Sir, I want to know that Is any pay protection for this new post which is lower grade
ravi
24 January 2015 at 00:18
Hi All,
I was working for a PVT LTD company in gurgaon for more than 3 years , All of sudden they asked to me leave and said you are not performing well , you can leave this organization ( Verbal ) so i resigned on september 26/2014 . as per managers they agreed my full and final will be done in coming pay cycle which was oct 7 2014 but they didn't clear my dues till now . When i went to office to ask the reason , next day they sent me an email that i am threatening their employees and i breached code of conduct stating I have conveyed in America ( Onshore company ) that i have opened a company of a similar nature and the same was given as a feedback to my new employer which was Convergys so they terminated me based on that. I have a termination letter from them only. they mentioned in Email that they will talk to their office in America and then they will tell their final decision . It's been 4 months now, i sent them many emails to clear my dues , to tell their final decision but as of now i didn't hear any positive answer . however they sent me a notice with lot of base less allegations in November , I sent them reply of their notice on 26th of december by speed post and had given 15 days time to reply . Till now no reply from them . As a proof i have that long email conversation where they have been tolerating by giving excuses, signed copy of resignation and Termination letter from convergys where this has been stated " Due to false information given by employee " . What should i do to save my 3 years of experience and to get a new job plus to get my all paper works with full and final from them .
Ravi Kumar
23 January 2015 at 15:51
Hello Sir / Madam,
I have served a IT / ITES based company in Tamilnadu - Coimbatore for a period starting from March 2008 till Nov 2014. My resignation was accepted and was relieved from duty on November 2014 with a small farewell party hosted by the management. The company provided me the salary certificate, relieving order and experience certificate duly at the last working day with the company.
When I was relieved from duties, our HR department stated that they will pay my Gratuity amount after 30 days of my last working day with the company, which did not happened. I waited for 40 days and started following up with the HR department for the release of my Gratuity. Initially HR stated that our CEO needs to work with the company auditor regarding the gratuity of mine and i was waiting few more days, however got a response from HR stating that the CEO of the company is contemplating the forfeit of my Gratuity.
I was completely shocked and requested for a meeting with the CEO which happened recently and during the meeting CEO was claiming that they cannot release the full Gratuity and laid the reasons below:
1. During my employment with the company, in the year 2013 the management had to process a refund to a particular international client, for whom the company was offering support services. I was managing the support team at that time. CEO stated that the refund was processed mainly because of my negligence of work.
2. CEO now states that my overall performance was not satisfactory all through my tenure with the company and am unfit to deliver matching the expectations of the company.
CEO stated that they can think of paying only a portion of Gratuity and the management will withheld the portion of my Gratuity and adjust for the losses.
Am really surprised to learn such comments right after i requested for my Gratuity.
Can you experts please advise on how i should proceed further and what should i need to do at this juncture.
Thanks,
Ravi Kumar
ravimehta
22 January 2015 at 21:23
Dear Sir,
I am working in a indian organisation from almost six months. My salary comes on 7 of every month but my company has not released my last month salary now its almost time to come another month of salary. When i asked them the reason then they said becuase of you poor performance they hold my salary. In this case can i lodge a complaint against y company where i am working for salary matter. kindly help
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Pl. advice me a sr. advocate who is well conversant in service rule and railway establishment to fi
Brief of proceedings of the case OA 1025/PB/2013 in CAT:
1. Legal notice dated 18.11.2012 was sent to secretary, railway board, new delhi and to GM & GM(P), RCF, Kapurthala by the counsel for applicant Sh. Arun Singla against the order of promotion to the post of AEDPM (B group) of three candidates dated 17.07.2010 passed by GM(P) and were earlier appointed in Nov. 1991 to the post of AP & DPS without fulfilling the eligibility criteria (without PGDCA computer degree) and not giving chance for promotion to the genuine candidates who appointed with completely fulfilling the eligibility criteria although the eligibility criteria was remain the same throughout the recruitment years 1988 to dec. 1998 except in experience. Not only the three candidates but others also appointed without computer degree. The post AP & DPS was merged as Sr. Engr./IT after implementation of 6th pay commission. Reply time was given within 1.5months to GM(P).
2. After end of 1.5 months, the counsel for the applicant filed a case in CAT, Chandigarh with OA no. 243/PB/2013 in the 3rd Feb, 2013 before the reply of the legal notice by GM(P) dated 06.02.2013.
3. Order dated 01.03.2013 passed by the Hon’ble Tribunal to give the reply of the legal Notice by the GM(P) to the Hon’ble Tribunal in which the GM(P) rejected the claim of the counsel of the applicant.
4. The reply of the order dated 01.03.2013 was given by the GM(P) on dated 31.05.2013.
5. Against the order dated 31.05.2013 of GM(P), the counsel for applicant filed a case in the CAT, Chandigarh with OA 1025/PB/2013 in june, 2013.
6. The counsel of the applicant demanded from the Hon’ble Tribunal to give reply of the OA 1025/PB/2013 by the counsel for respondents.
7. A written statement was filed by the counsel for respondents as reply to the OA 1025/PB/2013.
8. Replication on dated 14Feb, 2014 was filed by the counsel for applicant as a response to the written statement of the counsel for respondents in the Tribunal.
9. On hearing dated 15.10.2014 and on objection of the counsel for respondents, the Hon’ble members order the counsel for applicant to make party of the concerned persons for further proceeding of case.
10. On hearing dated 20.10.2014, the Hon’ble members ordered not make party of the concerned persons but to file an affidavit on the basis of order dated 20.10.2014 that the following candidates have not possessing the required qualification for appointment to the said post.
11. The reply of the order dated 20.10.2014 was submitted by the applicant and the affidavit will be submitted after arguing on the said order. The Hon’ble members told the counsel for applicant first to file an affidavit.
12. On dated 01.12.2014, the affidavit as well as reply of the order dated 20.10.2014 was submitted by the counsel of the applicant to challenge the appointment, seniority and promotion of the candidates of the respondents.
13. On hearing dated 04.12.2014, Hon’ble members asked client verbally to bring his educational certificates on next hearing date 23.12.2014.
14. On hearing dated 23.12.2014, argue was made in Hon’ble Tribunal by the counsel for applicant. The Hon’ble members did not asked the client to show his educational certificates although the client along with file of his educational certificates was standing with his counsel before the Hon’ble members to show his certificates.
15. Without pronouncement of decision date, the Hon’ble members sent judgment to the counsel for applicant.
16. has CAT power to vrify the certificates of the candidates against whom case is lodged?