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Ankit   24 October 2014 at 03:14

Quit job without any notice period, during probation period.

Dear Sir,
I had joined a company in july and i was on probation period(i.e. 6 months). i worked there for 3 months(22nd Oct;14) and b’coz of unprofessional working culture I asked to resign from my position. My Reporting manager said CEO will confirm what to do when it came in knowledge of CEO he shouted at me badly and use abusive language and said he will not release until they don’t hire another candidate till 1-2 month. i feel mentally disturbed due to this kind of environment I don’t want to spent one day more there ? In Diwali vacation I handedover my laptop (which was issued to me) to admin dept without any receiving and back to home now don’t want to go back so I send a mail to Reporting manager and HR that I would not be able to continue my service and m resigning from my position and inform to them that I have handed over my laptop to Admin dept and dispatched their CUG mobile number by courier. I don’t want my salary. As per HR policy no notice period under probation. Its depends on candidate how much time he wants to serve. In my offer letter no T& C for probation period. I’m affarding that can company take any legal action against me? What can I do in this case? How can I defence myself, if company take a legal action or charge fake blame?
Pls help?

RAKESH   23 October 2014 at 23:20

Termination from Job

Sir, I am an employee of SBI at Nagpur zone, working in a rural branch for the past 13 yrs, joined in May 1997. I have an excellent service record, but after marriage on 2010, we had our baby who was premature, & needed doctor's attention almost every month, My wife is from Mumbai, so we had to come for checking to Mumbai every month almost for a year, I had applied for transfer in 2010, but even after a year nothing seemed to work, Union was least. Bothered to help, always with the same reason , as per banks policy , finally I decided to go on loss of pay till I was transferred to Mumbai, now I am told that I will be terminated from job, and if I want to continue I have to continue in the same rural branch, and with no assurance that I will be transferred to Mumbai, now 24 Oct '14 is the last day, but now I fear I will be utilised in the branch as a labour with no prestige & word to express myself, plz guide urgently as to what should I do.

Suresh. S   23 October 2014 at 19:53

Denial of work, denial income, gross negligence, refusal to answer query - signed contract agreement

Sir/Madam,

I would like to seek help regarding my company's refusal (Medical Transcription company) located in Bangalore to which employment contract agreement is signed. The company is located in Bangalore and I work from home being home based job in Kerala. I had started working since April 1, 2014.

The issue is the company does not allow me to work since Sept 12, 2014 till date for reasons unknown. The only thing they asked me during these days is PAN card no. The company also send me FORM 16A prior to this. I had send a mail to them asking for reasons to which they responded by asking me to go for training on new platform for one hour starting from 4 p.m., which I agreed to. Even then, the company refuses to conduct training and rest of the day I am kept waiting. They used to provide me work and salary until Sept 12. After this date, no work and no salary. Daily they note my presence but not responding. I asked them specifically why they not allowing me to work and no salary despite being highly successful work status. They do not reply. I tried very much, but now I am asking lawyers whether under work employment contract signed by me and the company, can the company refuse to provide me work and salary without having any reasons? The company was more than satisfied with my work and no issues on that. It is now 41 days. I feel it is a prejudice. I need to find out what is going on inside the company?

I need suggestions whether I should file a law suit against the company for not providing me work and salary and whether I should file law suit in Bangalore or in Kerala or whether I should go for RTI? Will RTI allow me to know exactly what is going on and take legal action or should I file s law suit and seek COMPENSATION. The company has no right to refuse without assigning any reasons. I need suggestions and clarifications about this labor issue.

Refusal to work and denial of income as the only source of income is against equality at work. My work was good for the company and the company was very happy with it. Suddenly something is amiss in the company. Should I seek ombudsman? I don't know whom to approach. I need a quick response from anyone.

Guide me, please. Kindly send reply to my mail: sureshsd2006@gmail.com or saintsaint2014@gmail.com for suitable course of action.

CHANDRAMOHAN   23 October 2014 at 14:16

3% reservation for persons with disabilities - reg.

Ref: DoPT O.M. Dated 29.12.2005 on reservation for persons with disabilities.

Para 2(i) of DopT O.M. Dated 29.12.2005, DoPT has given guidelines that 3% of vacancies in all the Groups "A", "B", "C" & "D" shall be reserved in identified posts suitable for disabled on Direct Recruitment.

&

There is no reservation for Group A and Group B posts in promotion.

Para 4 of DoPT O.M. dated 29.12.2005 stipulates that Ministry of Social Justice and has identified posts suitable for disabled and effect of 3% reservation can be given to all the identified posts. Further stated that, No Ministry/Department/Establishment shall exclude any identified post from purview of reservation at its own discretion.

My First query:

If any Ministry closes the channel of Direct Recruitment for appointing the Group B identified post and 100% of the appointments to the identified Group B posts are made only by promotion on seniority-cum-fitness without giving the benefit of 3% reservation to the persons with disabilities stating that there is no reservation for group B posts in promotion is acceptable or not?

Second Query:

DoPT states that No Ministry/Department/Establishment shall exclude any identified post from purview of reservation at its own discretion.

Is it possible to exclude the identified post from purview of reservation?

Kindly give your opinion and advise.

Thanking you

Ravi Kant Mishra   23 October 2014 at 05:54

Can a review petition be filed against hc decision who has reverted a decision of cat

A pseudonymous complaint was received by BSNL against me. A committee probed into the matter. They didn't find me guilty of anything. Another vigilance committee headed by an officer of same cadre again probed into my matter & suspended me for 90 days. The review & extension of suspension was not done within the stipulated 90 days. I filed a case in CAT Jabalpur. The CAT quashed the extension orders of suspension as the same was done with retrospective effect. BSNL moved into the HC of MP. In the final hearing, the Hon'ble Judges of the DB were of the view that in order to streamline the departmental irregularities & procedures, reviews or orders are done on back dating. Apparently they have quashed the decision of CAT in the matter, although the Judgment has not yet been received. Can I file a review petition in the matter as the rules (CDA as well as CCA CCS) support my case. Also there are several decisions of HC as well as SC in support of my case? Kindly suggest.

T K Seetharaman   22 October 2014 at 13:36

Company not paid dues, pf etc.,

Dear sir,

I worked with a Pvt Ltd., Company in Pune having 3 directors. One is in US [ Indian NRI settled in US ], Another is in South Korea and the 3rd MD is from India.

The company is in loss and they have not paid the salaries of all the employees [ approx above 50 peoples ] from July 14. They have not remitted the PF also from July 14 and TDS were deducted and not paid. No salary slips were given.

Now the the MD who was in India has flee out of India and no one is respondng. I resigned from the company on last 30th Sept.

The company is having some assest in Pune.

We were fed up of following the pending salaries with them. The office is now locked by the suppliers.

Please advice me how to proceed further and get back our pending 3 to 4 months salaries.

sandeep pilania   22 October 2014 at 11:04

Maan haani case on unaided private school

i was terminated by management of unaided private school in 2013 and i took stay from court and still on duty. On the occasion of diwali every staff member of our school is honoured by some cash and sweets by management. they are not honouring me for last two years. in 125 staff members only i was who not honored.
so they insulted me in entire staff
can i file maan hani case in court for this and for which amount

karthik ramalingam   20 October 2014 at 14:26

Query on education loan

Hi,

I availed 15 lakhs education loan from UCO bank pondicherry in 2009 for doing MBA in UK. My bank manager called me couple of weeks ago and said you have paid any money after that 2 lakhs you paid in 2012. So your account gone NPA. IF you don't pay five lakhs with in one month we will auction your property and take our money. I have did not have that much money, so i decided to sell half of the property and pay 10 lakhs in to the loan account and told the manager. the manager said the loan amount has come around 22 lakhs including interest. if you pay 10 ten lakhs and release you property from the bank you have to give another collateral security for the rest 12 lakhs. We both agreed for that and found a buyer to buy half of the property in bank. we made a sale agreement and got 10 lakhs in advance and paid that amount to bank as me and the bank manager agreed. after i paid the money to the bank i asked him to give me the original document and take another property as security. but unexpectedly the bank manager is not giving the original document and insisting me to pay the loan amount in full. I told him that i am selling the property only for 12 lakhs how can i pay 22 lakhs in full. but the manager said he can not do anything i have to pay the amount in full. Because he was agree to swap the document by paying 10 lakhs and made agreement to the buying party. I have to get the document from the bank and do registration for them otherwise they will take legal action against me. now what i am wondering is can i take legal against the manager for betraying me. please some one help

Raymoefter   20 October 2014 at 11:05

Full and final settlement not paid

Respected Panelists,

Request Your Valuable Advice on the following,

I was working for a Financial Services Company and had resigned from the Job and my last working day was 31 Aug 2010 after serving 1 months notice period.

They have issued me the relieving certificate dated 23 sept 2010. its been four years and they are still not ready to settle my dues. When I started inquiring about my dues with the head office they told me that they have released the same to my regional office and the regional office is holding it back.

When I mailed them for my final settlement they wrote back saying that there is a client compliant and I have to get a satisfactory letter from the client to get my dues released.

I wrote back to the company saying that I dont agree to any of the contents raised by the client and since I was neither the relationship manager nor the dealer for the client and the client used to transact on his own, I cant be held responsible for his portfolio devaluation. I had provided only professional advice and the clients portfolio value came down because of market conditions prevailing during 2008-2010 wherein markets all over the world had collapsed.

Sir, I wanted to know what are my legal and other options and can they hold back my dues even after they have given my relieving letter.

Request your valuable feedback

Thanks a lot.

Member (Account Deleted)   19 October 2014 at 21:46

can a strong reply to memo given to govt.official actually cancel it?

My colleague is working for 3 yrs. as a teacher in a govt. school under delhi administration.recently her file was sent to district office for her confirmation.
she got a reply "no enquiry is pending against the official"

now another file will be sent again which will include her ACRs,work conduct etc. for confirmation,so that she becomes permanent.
there are several lapses in this school's administration.it has no principal,but a vice-principal who also acts as DEO.she's on extension.

recently there was some lapse by the school and vice principal is trying to put entire blame on my friend and threatening to give her a memo.

i want to know:

1. if my colleague gives a solid,logical reply in memo which highlights the lapses and malfunctioning of school because of which this mistake happened,will that memo stand nullified or cancelled?or can it still be added in her service book or for taking any action against in future?



2. the vice principal has a habit of not giving the receiving of letters which my friend gives her because she's afraid my colleague can use them as a proof of school's lapses.
so if she refuses to give a receiving of the memo's reply,how can my colleague have the proof that she had given a reply?