ASRUJ@aratrika
10 October 2014 at 11:18
Dear All,
I have few query as follows:-
1. What is the Basic wage means as per the PF Law at present and is there any case pending in the Apex court regarding the same. Should I deduct PF on only Basic & VDA (not considering other allowances) by taking the plea that case is pending in the Apex Court.
2. An employee joins my company after September 1, 2014 and had been registered with PF with his previous employer. question is
2.1.Should I contribute 8.33% of employer's contribution to FPF.
2.2.If the employee is willing to withdraw his PF with the previous employer then should I still contribute to FPF and vice versa if the employee do not want to withdraw previous PF.
2.3.What is the present rule for the fresh employee joins after Sep 1, 2014 with 15000 Basic+VDA.
I have been trying to find out the answers from various sites but things are very much
confussing. Hope some learned senior counsel will be kind enough to explain and highlight the present status on the points as anove.
Thanks all in anticipation.
dip
09 October 2014 at 20:48
Hello Experts,
From around 4 years I am working in industry.Previously I worked with 2 employers.I have all relieving letter and experience letter from my previous employers.
Now situation is below,
1.I have 1 year gap in my engineering in my first year.My duration of engineering is 2005-2010.
2But .while completing my employment form I put my duration as 2006-2010.
as I cleared my first year in 2006-2007,second year 2007-2008,third year 2008-2009,and BE 2009-2010
3.After discussion with HR in my current company they told me that degree duration should be 2005-2010 instead of 2006-2010
4.But as I put duration 2006-2010 while completing all employment form with my previous organisations also,will this cause any issue.
5.Is there any cases if my current employer takes any legal action and if university find such kind of situation then educational degree withdrawn by university.
Please suggest.
Thanks
chaoba singh
09 October 2014 at 18:40
Sir/Madam,
I'm an employee of a central govt deptt with a service career of 4 yrs and 10 month as on Oct'14 and working presently in the Pay Band(PB)-II, Grade Pay of Rs 4200/-. By Jan or Feb'15, I'm likely to be promoted to the position of PB-II, GP-Rs 4800/-since there is no position of GP- Rs 4600/- in our deptt.
Sometime back, I had appllied for a job in Public Sector Undertaking(PSU) in the PB-II, GP-Rs 4600/-through proper channel and consequently granted NOC for appearing in the interview and now I've finally been selected for the said post.
I would like to know from experts whether there could be any possibility of rejecting my resignation through proper channel if I'm promoted to the next higher post which is in the PB-II, GP-Rs4800/- before leaving the present deptt.(as I was told that it is not possible to change from a higher Grade pay to a lower one). If so, what should I do now so that i could take up the new job without any problem from my present deptt. kindly advise. Thanks
Deepak Kapadia
09 October 2014 at 12:52
1. Last promotion received (A to B Grade) Apr-2004
2. Case Period (Supplies to the customers) During 2004-05 (last supplies in Dec' 04)
3. B to C grade promotion under sealed cover (learnt) in Apr-2008
4. Charge-sheet issued on 04.10.12
5. Departmental Inquiry hearing proceedings (6 sittings) during Dec'12 to Jul'13
6.Final order on disciplinary case for “Censure Punishment” dated 19.09.2014 and acknowledged on 07.10.2014
DoPT OM ref. No. 22012/1/99-Estt(A) dated 14.09.1992 and subsequent clarifications says that promotion can not be restricted in sealed cover unless:
(i) Government servants under suspension.
(ii) Government servants in respect of whom a Charge-sheet has been issued and disciplinary proceeding are pending.
(iii) Government servants in respect of whom prosecution for a criminal charge is pending.
Can I fight in court for my promotion as DoPT guidelines not followed in my case.
What is the likely time period in which result can be expected?
MOHIT SANGTANI
09 October 2014 at 02:12
Sub: Mental torture by Shri Nitesh Rasiklal Kandoriya, Dy.Er., PGVCL-Sihore Town.
Ref : My Appointment dated 28.02.2014.
Respected Sir,
With due respect, it is humbly submitted that as per above orders I have resumed my duties as VS (Jr. Assistant) on 28.02.2014 at Sihor Town, PGVCL and since my resumption the attitude of my D.E. towards me is very bias and from time to time he is misbehaving with me even in alone situation aswell as in presence of staff and as and when I request for leave i.e. Casual leave for any casual or unavoidable circumstances he is denying in advance and after resumption of availing leave his attitude towards me is very bad. Every time he says me get out of office and go to Bhavnagar and meet Suptd. Er. PGVCL, Bhavnagar then only I will let you sign in the muster roll, while others are availing leave very softly. Every time he is saying that your services are not needed by PGVCL authorities it would be better to resign from your job otherwise I will not allow you to serve peacefully.
Moreover, he is abusing me and telling me that I have strong political connections and I will not allow you to serve more and will report adversely about you though I am performing my duties very sincerely and regularly which can be seen from my office records. Every time he is threatening me that I will write against you and will through you in remote area. He is also saying that since last 10 years I am serving in PGVCL and I know that you cannot be transferred but when I will spoil your record/ Annual confidential reports and will write against you every time then you will be thrown in remote area and that too I will try to send you on deputation and I will not let you to be permanent in PGVCL service.
Sir, when I request him to grant me leave every time he is not permitting me and so many times he has made my leave as leave without pay. Sir he is getting full salary and I am getting fix salary and it is impossible to run my day to day earning then also he is making leave without pay and he has no sympathy with high caste people and his mind is polluted. As per PGVCL’s rules I am informing to E.Urja online portal and inform to JE and also to the establishment section in person then also he is saying that you have not taken leave or permission and using philthy language. At last he has told me that nobody will save you and even MD Sh. Sandeep Kumar too. This is all on record.
Sir, Dy.Engineer Mr. Kandoriya is not extending cooperation with newly recruited staff but no chance is left by him to harass the fresh staff. My mother’s ill health compels me to visit Rajkot in holidays.
It is humbly requested to save me from his mental torture and misbehavior. Already I have tension of my mother’s illness, then after he is torturing me a lot. If anything is wrong with me all liability/responsibility will lie with Mr. Kandoriya who has harassed me a lot even in small span of my service. Sir, I am not a SSC candidate but I have passed BE-ECE with good percentages, then also his behavior with me is worst than peon.
Due to above problem I have met with Shri M.B.Jadeja, ED(Tech.) Rajkot and who in turn on telephone directed to Suptd. Er.-PGVCL-Bhavnagar to solve my problem who assured to do needful and I also informed this fact to SE-Bhavnagar but my problem is unsolved. Mr.Kandoriya, Dy. Engineer may be directed to use proper language with the staff.
Hope an early and favourable action will be taken from your kind honour.
Yours faithfully,
(Mohit.J. Sangtani)
VS-PGVCL,Sihor Town
SIR PLEASE ADVICE WHAT CAN I DO??
HE SENT ME FALSE SHOW CAUSE NOTICE AND CHART SHEET AND EXICTIVE ENGNEER ALSO HELP THEM
PLEASE REPLY AS SOON AS POSSIBLE
Madhu Goyal
08 October 2014 at 18:50
Dear Experts,
I was a Primary Teacher on regular basis in a private unaided school. I was dismissed from service on false charges in 2012. Then I challenged the termination order before Distt Session Judge by filing civil appeal as per judgment passed by SC in TMA Pai Foundation case. In the appeal , I also prayed to the court to direct the respondent school to give me back salary since date of my appointment as per CBSE Bye Laws according to which I was entitled to be paid salary and other allowances at par with state govt teachers but the school was paying me less salary.The court set aside termination order and directed the respondent school to reinstate me with full back wages with 8% simple interest along with continuity in service within one month of date of order.But the court did not pass any order wrt second prayer i.e back payment as per CBSE Bye Laws. Further when I apprached to the respondent school , the school authorities refused to reinstate me on the pretxt that they will move to High Court. I have filed CAVEAT in High Court. I am pleading my case in person with the valuable advices of experts like you.
My questions are as under :-
1. Can I file fresh civil suit in lower court for back payment since date of appointment to till date ? Will the appeal filed as stated above affect filing fresh suit in the lower court ? Here it is pertinent to mention here that as per judgment of SC in TMA Pai Foundation case , SC has held that in states where there is no educational tribunal , an employee of private unaided school can file appeal before Distt Session Judge against the penalty of dismissal.
2. As the respondent school is not obeying court order wilfully, then should I file execution application or contempt of court petition or both ? In which court should I file execution application or contempt of court petition and under which sections of the concerned act ?
3. In case , if the school has filed CWP prior to filing my CAVEAT, will court grant me opportunity to hear me while deciding the writ filed by the school ?
4. What other remedies can school obtain to stop me from reinstatement ?
5. What kind of prayer should I do while filing execution beside prayer for implementation of court order ? Should I pray for imprisionment of faulty respondents ?
6. Can I file Execution and Contempt Petition simulateously ?
Kindly advise me so that I may draft the appeal accordingly.
Regards
Madhu Goyal
shrikant
08 October 2014 at 17:06
In Diciplinary action fine imposed of rs 50000 employee challanges the order to Industrial court, Hon'ble court granted status quo .The employee will retires on 31/10/2014 can department retain the Punishment amount till disposal of case ,whether there will any contempt?Please reply immidiately
PRASHANT GAUR
08 October 2014 at 13:59
Dear Sir i joined a company on 05.01.2010 and if i leave this company on 08.10.2014 then may i get gratuity? pls advise. urgent.
thanks
Harsh Maheshwari
07 October 2014 at 18:39
Dear Sir\Madam,
I need your advice for one of my friend case. She is working as software professional in a company called Quest in Bangalore. She had worked there only around 2 months. Currently she is posted on client location. Now she had put paper.
Problem is her quest manager is not giving her proper response whenever she communicate with him.
Here are some data point's:
1. She put the paper around 1 month ago and her manager didn't informed the client after that.
2. She send so many emails ( around 8-9) to her manager but he did not replied even single.
3. Whenever she contact to her manager over phone this guy did not respond properly and start shouting. Also threat her to fire.
4. When she asked to him for release ASAP. This guy didn't came back.
Now situation is became like this, her manager started allegation on her that she had communicated her resignation news to client.
Which is not true as per their conversation.
Note - She having all conversation mail chain with her.
Could you please suggest what next step we should perform?
Thanks,
Harsh
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Arbitration and service matters
Sirs, it is often seen that Courts take a long long time is resolving service matters of employees affecting their service time and benefits. My question is if the employee can afford, can he ask for appointment of an arbitrator to get his case heard and decided without wastage of time. Is such provision allowed under the CCS Rules. Please enlighten us.