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

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

ravi   02 January 2015 at 14:49

Tenure of a central govt. employee

Sir,
is there any order specifying the tenure of a Central govt employee in a normal place? (North east and other difficult places tenure is 2/1 year).

Pankaj Jangra   01 January 2015 at 11:48

REGARDING RESIGNATION AND FULL & FINAL

Dear Expert,

I left the last pharma company with 12 days Prior notice i.e. Resigned on 10 may 2014 and left on 22 may 2014. But till today ob dated 01-01-2015 company didnt clear my dues (my salary may2014, EL of 4 years). Approx amount Rs 53000/-
I am continous mailing and calling them regarding clearance.

I only have company offer letter and salary slips. Company didnot issue me any appointment letter.

What will we do for clearance my f & f.

With my approach to HR, they sad as per the director instruction we are revised your full and final. And your one month notice period are deducting on gross.

How they will deduct my gross with 1 month? Company doesnot have any standing order.

Can I go to any legal govt department for clearance my due in Punjab area?

Please suggest.

Regards
Pankaj Jangra
Assistant Manager-HR
Textile Group.
Email id : pkjjangra@gmail.com

RAMANARAYANAN.G   31 December 2014 at 23:56

Subsistence allowance

Sir,
A factory worker in a Kerala Government undertaking is under suspension and now availing 100% subsistence allowance as per ID Act. As domestic inquiry proceedings are not completed yet, the organisation has taken a lenient view to admit him provisionally back to the job withdrawing the suspension provided he execute an undertaking in Rs.100/-stamp paper that even though he is admitted back to the job, the domestic inquiry proceedings against him will continue and he is agreeable to abide by all lawful decisions taken by the disciplinary action committee of the company with whom the domestic inquiry proceedings are in progress.However he declined to furnish such an undertaking and joining for duty on the plea that the charges leveled against him is fabricated willfully by the company and he is innocent.He is opting for continuing in the suspension availing 100% subsistence allowance.In this context I request your goodselves to kindly advice whether under such circumstances he is eligible for subsistence allowance in future?

RAMANARAYANAN G

malipeddi jaggarao   31 December 2014 at 15:52

Writ petition reserved for judgement

I was discharged from my Institution (PSB) on frivelous grounds in the year 2010. I approached one of the outstanding and eminant advocates in service matters and filed a Writ in High Court in 2010. As nothing was moving, I took noc and represented as party-in-person. After taking up frequent mentions, the judge took up the case and arguments from both sides closed and it was reserved for judgement under caption "CAV" on 30.10.2014. But till now judgement is not pronounced. The papers filed by me are bulky as many important papers I could secure through RTI application in second appeal and these were filed in the Court making additional prayer by filing M.P.

I seek your valuable advice on the following:
1. The status of case is "CAV". Does that mean that the prouncement of judgement will be by the same judge irrespective of change of benches, transfer or retirement?
2. I am attaining superannuation in July 2015. I wish that the judgement should see the light of the tunnel well before July 2015.
3. How much time normally it will take for pronouncement of judgement in kept under "CAV" caption? The judge is over-burdened with the work and people say that he will take pretty long time.
4. If the judgement is in my favour, whether it has to be implemented by the Institution immediately or they may drag the matter till the expiry of appeal period.
5. Normally how much time will be given for appeal in service matter writs?
6. If they go for appeal, can be disposed of at admission stage if sufficient grounds are presented to the appellate authority?
7. I do not wish to represent the matter for expeditious disposal to CJ as it may turn adverse.
The very purpose of fighting this case is prove that the Institution is wrong in inflicting the punishment. This will serve only if I am reinstated before my superannuation i.e., July 3015. Hence kindly analyse and guide me on the above points and also future course of action.
With regards
Jaggarao Malipeddi.

Mukul Anand   29 December 2014 at 13:58

Cat,guwahati judgement

Hello sir,
I am Mukul Anand a railway employee. I had been suspended in 2010 due to detention of more than 48 hrs. After i released on bail i applied to my higher authority i.e. Sr.DCM to revoke suapension. But they did not allowed. Later in 2013 i pleaded to CAT, Guwahati which subsequently verdicted in my favour. I got the true copy of the order but dont know what to do with it. And if i have to submit it to concerned authority what to write in application i mean content of application,subject etc.
Please you guys helped me before hope you would enlighten me here once again.
Thanks

Ajay Kumar   27 December 2014 at 17:25

company not accepting resignation

Hi.

I am working with a indian mnc.i am serving 2 mnths notice period.3 days left but my hr not giving acceptance of resignation.she saying do last day andgo will give reliving later.pl help soon what shld i do.i need acceptance so that i can join other firm.i request them many times.

Ajay Kochar   27 December 2014 at 09:31

Deduction of salary

Respected All,

I am working in a Pvt Ltd Company at Mumbai, Maharashtra from the last 18 months. At the time of appointment Director of the company agree to pay 5 lac ctc along with 20 days of Casual leave p.a. but he refused to give it in writing. When I joined the company and at the time of salary I received the same from two different companies which is 20k from each comes to Rs.4.80 Lac P.a.
After 3 months suddenly one company reduced the salary by 50% from 20 k to 10k without giving any advance information for the same, when i asked for the same, director of the company informed me that you are doing more work of other company so i reduced the same. I informed him to provide the salary from other company where I worked more. He informed me, that he will discuss the same with the director of other company, But till today my outstanding is nearly Rs.2 lac, Even I get the salary certificate from the company where it is clearly mentioned that for first three months, i get salary as per commitment and after that reduced by 50%.

Now company inform me not to join the service without our confirmation which is also in oral communication. I think company want to save the money of Rs.2 lac which is due to me by removing me. I also informed to all that due to what reason i am not attending the service because other company also affected for the same. I have original appointment letter, salary certificate, zerox of salary sheets of nearly every month. No any response they are given to my communication.

Request you all to kindly suggest me the next action what I take. I still not resigned from the job as I want to clear my old dues.

Awaiting for your favourable reply.

Ajay Kochar

Ajay Kumar   26 December 2014 at 23:14

resignation not accepted

Hi.. I serving 2 months notice period with wipro and only 5 days left of the same.but I have no communication from the company regarding acceptance of resgnation.what shld i do..my HR said it will be done on last day of notice period.she said serve notice and go..will relieve later

abcd   26 December 2014 at 14:52

Relieving from my company

Hi all,

I am working in a company from last 1 year. I got another good opportunity which I accepted.

With my previous company there is an agreement reagarding minimum years to serve.Since I am leaving my company, I am ready to fulfill that agreement. I need to pay certain amount as compensation.

Now there is no mention of notice period on any of my documents such as joining letter or appointment letter. When I talked to my HR, HR was saying that I need to serve a notice period of 3 months and at the same time they were telling me to stay back saying that they will not accept the compensation.

It was told to me that If I leave, then they will not provide relieving letter as well as experience letter.

They were saying that we do not mention notice period on offer letter,its present on HR web portal.But my point is, notice period must be mentioned on joining letter/offer letter since they can modify the notice period on their HR portal anytime.

In the end, I have submitted my resignation and now waiting for the meeting again.

From my side I am ready to pay compensation.

Please let me know how to tackle this situation.

Rama mohan Acharya   26 December 2014 at 14:22

Communication with un recognised union

We are a Defence Public Sector Undertaking. We are having five registered unions of employees. Recently the Labour machinary had conducted referendum for ascertaining the majority union and issued a letter that one union , which have emerged with large no. of members to be recognised for two years. The management accorded recognition to that union. Few other unions are making correspondence with the Mangement on various issues including issues of common nature. Management is of the view thatr since a particular union has been accorded recognition, we should make correspondence with them only not with others. Is it legally correct? Whether the other unrecognised union have any right to be corresponded by the Management on their letters?