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

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Madhubanti   06 November 2014 at 09:11

Contract labour laws for residential association

Hello,

I live in a housing estate with 50 row houses. It is not a cooperative society. Individual private buyers have bought separate units from the builder.

Our resident's association (a registered body) wishes to employ 1 plumber, 1 electrician, 1 gardener and 1 estate manager on a contract basis.

We have decided to provide monthly salary, annual bonus and group medical insurance to them.

Please direct me to any other statutory requirements for employing 4 such people. What are the mandatory laws we must comply with?

Thanks,
Madhubanti

Satish Mane   05 November 2014 at 22:49

Refusal of pf withdrawal & final dues

Dear Sir/Madam,

I have joined one of hospitality company on Mar'2012 & left on Aug'2014 without giving any notice period period due to harrassement.

Now I am insisting my employer to release my PF withdrawal form & my other dues. But they are refusing the same. They ask to comply the terms of employment.

My Appointment letter states that my probation period will be for 6 months from the date of joining & management reserves right to extend / reduce /dispense with this period upon performance evaluation.. During probation, either party is liable to terminate appointment with 15 days notice in writing or 15 days salary in lieu thereof. You will confirmed on successful completion of probation period followed by performance evaluation & will be issued a confirmation letter in writing.

I state that They had done performance evaluation after completion of 2.5 months & it is shown negative remarks on evaluation & never gives any extension letter for probation period.

Now they are asking to give 15 days notice, Handover & NOC from HOD.

I would like to state that since I had not received any extention letter towards probation period increase, Can i deemed to be Confirmed Employee?

Secondly If i was not confirmed, then how could they registered my name in their corporate mediclaim policy since they had mentioned in my offer letter that indirect benefits are available only after confirmation viz LTA, Mediclaim, etc.

Kindly suggest on the following:

1) How to get PF amount
2) was I m confirmed employee or still on probation?

Awaiting for your revert.

Thanks,

Satish M

Syed Ali   05 November 2014 at 19:25

Appropriation of provident fund

Dear Sir,

My service in the Bank was ceased on 02.09.2011. I had availed a few Loans against the security of Provident Fund. The PF a/c was closed on 30.09.2013 and the loan a/cs were appropriated and the balance was paid to me. But the interest on the PF balance was paid only upto 02.09.2011.

Where as the interest was charged on Loan a/cs till the date of closure i.e. 30.09.2013. Thereby I lost an amount of Rs. 2.50lacs. The balance in the PF a/c was kept idle without any interest for almost 2 years. The Bank was negligent in this case by not closing the a/cs on the day of cessation of service or when the loan a/cs are charged with upto date interest the PF balance should have earned interest accordingly.

Is there any recourse for recovery of uptodate interest on PF or charging back of interest of Loan a/cs.

Pl clarify.

Member (Account Deleted)   05 November 2014 at 19:10

gazatted holiday

sir,
i m working in cpse. my department has released an internal order for mandatory attendance on all days in order to avoid work backlog. i didnt come on muharram and being a muslim , i follow it religiously moreover it was a gazatted holiday.
now i have been served a memo.
please enlighten me on how can i explain myself clearly with a legal angle.

VIJAY KUMAR   05 November 2014 at 15:13

Transfer/posting on spouse ground

SIR, I AM A TRAINEE OFFICER IN SBI ,NOW FOR POSTING I WAS GIVEN BIJNOR IN UTTARPRADESH DISTRICT ,BUT MY WIFE IS POSTED IN BARABANKI(U.P) DISTRICT AS GOVT. TEACHER ,WE BOTH HUSBAND AND WIFE LIVING SEPARATELY SINCE FOUR YEARS ,I HAVE A DAUGHTER OF TWO YRS & SIX MONTH,MY WIFE IS FACING LOTS OF DIFFICULTIES ,IT IS POSSIBLE FOR ME THAT I CAN BE GET A POSTING NEAR BARABANKI DISTRICT,AS I HAVE NOT JOINED ,WHAT REMEDY IS AVAILABLE TO ME. PLEASE SUGGEST , AS I HAVE ALREADY FILED AN APPLICATION TO LOCAL HEAD OFFICE,BUT NO RESPONSE CAME FROM THEM.

Dinanath Ban   04 November 2014 at 22:31

Service matter

युनिव्हर्सिटी के कर्मचारी को न्याय के लिये ट्रीबुनल मे जाना पडता है. सिवील कोर्ट नाही जा सकता. ट्रीबुनल अपिलेट कोर्ट है. मैने अपील किया था. उस वक्त मेरेपास कोई प्रुफ नही थे. आर टी आय अंतर्गत बहोत प्रुफ मिले है.अपील मे प्रुफ नही लिये जाते इसलिये मैने सिवील कोर्ट मे दाखिल किये. सिवील कोर्ट नो jurisdiction दिखाकर रिजेक्ट कर रहा है. कृपया सलाह दिजिये
दिनानाथ बन
फोन न ९८६०५८७१०८

Member (Account Deleted)   03 November 2014 at 17:01

Future employment of dismissed candidate

I was dismissed from public sector on account of disciplinary action wrt behaviour (on papers).I have cleared upsc civil services prelims ,the form of which I filled prior to dismissal.Kindly let me know if my candidature will stand cancelled after competiting UPSC.Is it wise to hide dismissal issue for any future employment.Please guide properly for it pertains to my life.

Anonymous   03 November 2014 at 15:38

Employment of dismissed candidate from Public Sector

I have been dismissed from public sector job.Am I eligible for UPSC.I have cracked prelims.Please provide valuable suggestion as it pertains to my life.I would like to make it clear that I was dismissed after completing my form filling procedures for UPSC.

vikram bhawani singh   03 November 2014 at 12:28

Removed from service due to unauthorised leave

I was working in PSU insurance company. I was served charge sheet in June 2013 for loss of pay for 380 days. I was on loss of pay for the period mentioned but it was spread over four years. I accepted the charge and replied on 05.08.2013 that all these LOP were taken for UPSC Exam preparation. I resumed my duties on 19.12.2013 and continued till the date of removal from service i.e. 19.09.2014, for a period of nine months. I was under an impression that since I am sincerely and regularly working the Disciplinary authority will consider this and impose a lighter punishment.

Do I have any ground to challenge against this order in court of law? A provision of appeal is with me. Can you guide me in preparing my appeal?

surinder   02 November 2014 at 22:07

disability during service

My brother is pa in central government (minstiry of defence) civilian employee he suffered paralytic action in 2009 and his left arm and leg is non functional,and as such not able to walk, now we have got disability certificate 60% .can he avail beneifits of disability like roadside office,wavier of biometric attendence, extra leave,double transport allowance etc , what other benefits he can get