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

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Member (Account Deleted)   23 November 2014 at 11:18

Can charge-sheet be given for unauthorised absence during pendency of leave?

2.5 years before, I applied for a leave (2 month before proceeding on leave). Till the end it was not decided and due to urgency I proceeded for leave. However, before proceeding on leave, I persuaded hard to get it sanctioned in the meanwhile. There was no other problem in sanctioning leave. The leave was kept pending by the authority , however, saying it will be sanctioned later. Later that authority got transferred, leaving my matter pending. The leave application is still pending and not decided.
Later I joined office. The leave application was still pending.
However the new boss is saying that I will be charge-sheeted for proceeding on leave without prior sanction. I explained him the whole situation and requested first to decide my leave application, and if I don't deserve leave and it is rejected, then only decision of charge-sheeting be made, but he is unmoved.
My query is,
Can a govt. employee be charge-sheeted for absence (proceeding on leave during pendency of decision on leave application) while keeping leave application pending (after so long and still pending).

Mohan suthar   23 November 2014 at 11:10

Force to seve notice period for contractual employee

Sir,I joined as an engineer in a railway PSU in May 2014 as a contract employee for one year.In the appointment letter it was mentioned that contract can be terminated anytime by either side by giving notice period of three months or salary in lieu thereof..
In addition to these they were deducting 20% of my salary per month as a security which will not be released in case of premature resignation.

I have been selected in other organisation as a permanent employee and need to resign soon without serving notice period. Kindly advice and suggest me the indian law/judgments or ways to handle it legally correct.
**Till now i have not been assigned to any work officially.

Vinoth Kumar   23 November 2014 at 08:27

Eligibility for inter-caste marriage employment quota

Hi Sir/Madam,

I am Vinothkumar, have completed my Engineering. I belongs to MBC category, registered my degree in the employment office in 2006 and regularly renewing my employment registration. I got married to my wife in 2007, she belongs to SC community. She registered her diploma in the employment office. but she couldn't renew her employment registration from 2008. we registered our marriage and got marriage certificate in 2009. now we applied for inter-caste marriage certificate and got it last week.This week, We are going to register our inter-caste marriage certificate in the employment office. Please advice if we will be eligible for Inter-caste marriage employment quota in Tamilnadu.

Vinodh   23 November 2014 at 01:36

Demotion

Dear All,
I have worked in MNC as "Officer" for 2 yrs.
Recently I resigned from the company.
In the service certificate which I received from the company after a month of the resignation mentions my designation as "Assistant"
I was not at all informed about this designation change while I was working there.
My offer cum appointment letter and joining certificate are clearly state that my designation as "Officer".
When I approached I didn't get any proper response from them.
Kindly guide me on this, how can I legally proceed/approach to this?
Please help.
Regards

mohan   22 November 2014 at 19:10

requirement of noc at time of interview/joining

I am currently working in a public sector bank . prior to my joining here , I had applied for SSC cgl 2013 exam. Now I had cleared this exam and waiting for interview call letter . my queries are as follows
1. Do I require a noc from bank at time of interview.
2. Should I mention my work experience at this bank in attestation form and biodata.
3. If my bank do not give noc at this stage, what should I do.
Please clarify my doubts.

prateekkkk   22 November 2014 at 12:32

Very urgent

dear members, please advice me on my matter.
i am a physical handicaped with 40 percent disability.
i have been now given promotion by transfered to another state tomorrow morning and also got stand relived order in the afternoon in my mail.It is not mention in the order itself that if i did not accept promotion what will happen?
i want to mention that in my central govt office their is no transfer policy, and it is not mandatory that for the promotion i have to transfer.
Previously when they give order of promotion in 2011 the they said in order the for promotion i have been transfered and if i did not accept the promotion then promotion will be given to another person.i challange that order previously in CAT and high court but court said said if you want promotion than you have to go. even court did not force me to go.

on the basis of above,
can i get stay on this forcefull order of the department in CAT?can this be quashed?as their is no policy, i cover in handicaped norms of department itself which state that promotion to be given in delhi as far as possible.Even New DOPT guidelines also said that handicapped can be exempt from tranfer policy.

hemant   21 November 2014 at 23:44

company asking one month salary to employee who left the job

Hi sir,
We were Been working in call center more then 6 month in which we never got appointment letter from company but at time of interview they told us we need to serve 2 month notice before leaving the job which was typed on a4 size page not any bond or any contract and we signed on same, and we left the work because of wrong behavior from the CEO with our friends specially girls taking all girls to party in which no boys and also whoever boy speaks with any girls he use to get terminated from work in which girl don't have any problem. Coming to boys, boys were made to work for 12 hours which never been told us at interview only 9 hour shift been mentioned and one hour break which was never given to non smoker boys only it was being given to smoker, and worst part in state call Goa is whoever complaint against same company to labour court goa the same person use to get terminated on a next day for silly reason and there many other bad habits of that CEO which going to add this writing may go long so that's it.

Now whoever left the job without notice period of 1 month before they mention 2 month have got show cause notice letter at address stating that we need to pay one month salary to the company according to act shops and establishment 1973, and also legal action been taken against us.

Please help us what to be done .

Letters Been sent to more then 50 people now we made a group of 15 people including girls and boys from goa remaining few boys and girls from manglore.

Please suggest the steps for the letter which is sent at our adress or to fight against that CEO of company.

hemant   21 November 2014 at 17:05

left job without resignation period

Dear sir / Madam

I have been working in a company as like a call center no appointment letter being given to any employee and also people were leaving jobs due to harassment specially to girls and to male person use to do 12 hours shift all day / night which been not told us at time of interview so now myself left the organization without resignation and company sent letter to us on 13 november 2014 who left without resign in which they mentioned that need to inform to company within 48 hour and also 30 days salary to company or else they will take legal action on us again I got show cause notice on 18 November 2014 no information from our side my reason to leave the job because HR person said if I don't want to work for 12 hours then I can see other job so on same day I left from there never went to duty and also my other friend doing same letter .

What can be done for this situation also few people complaint in labour court goa no action being taken any one complaint those gets terminated on next day specially girls due to the boss misbehaves with girls (sexual harassment)

Please help us by giving proper steps to be taken against this company

I can send list of details what been done with us but not sure what steps to be taken

Thanks
Hemant Divkar

hemant   21 November 2014 at 17:01

left job without resignation period

Dear sir / Madam

I have been working in a company as like a call center no appointment letter being given to any employee and also people were leaving jobs due to harassment specially to girls and to male person use to do 12 hours shift all day / night which been not told us at time of interview so now myself left the organization without resignation and company sent letter to us on 13 november 2014 who left without resign in which they mentioned that need to inform to company within 48 hour and also 30 days salary to company or else they will take legal action on us again I got show cause notice on 18 November 2014 no information from our side my reason to leave the job because HR person said if I don't want to work for 12 hours then I can see other job so on same day I left from there never went to duty and also my other friend doing same letter .

What can be done for this situation also few people complaint in labour court goa no action being taken any one complaint those gets terminated on next day specially girls due to the boss misbehaves with girls (sexual harassment)

Please help us by giving proper steps to be taken against this company

I can send list of details what been done with us but not sure what steps to be taken

Thanks
Hemant Divkar

hemant   21 November 2014 at 16:58

left job without resignation period

Dear sir / Madam

I have been working in a company as like a call center no appointment letter being given to any employee and also people were leaving jobs due to harassment specially to girls and to male person use to do 12 hours shift all day / night which been not told us at time of interview so now myself left the organization without resignation and company sent letter to us on 13 november 2014 who left without resign in which they mentioned that need to inform to company within 48 hour and also 30 days salary to company or else they will take legal action on us again I got show cause notice on 18 November 2014 no information from our side my reason to leave the job because HR person said if I don't want to work for 12 hours then I can see other job so on same day I left from there never went to duty and also my other friend doing same letter .

What can be done for this situation also few people complaint in labour court goa no action being taken any one complaint those gets terminated on next day specially girls due to the boss misbehaves with girls (sexual harassment)

Please help us.

I can send list of details what been done with us but not sure what steps to be taken

Thanks
Hemant Divkar