Devesh Yadav
06 October 2014 at 20:12
Dear Counsels,
I was working as teacher in a private unaided private school affiliated to CBSE since 1994 on regular basis. I was suspended on 22.07.2010 on false charges and later on I was terminated from service on 09.05.12. I moved to Punjab and Haryana High Court Chandigarh to get the termination order quashed but High Court directed the appellant to file appeal to Distt Session Judge /Addl Session judge as there is no Educational Tribunal . The court quoted judgement of apex court in TMA Pai Foundation Vs State of Karnatka 2002(8) SCC 481. Consequently I filed appeal to Additional Distt and Session Judge (ADJ) and ADJ set aside the termination order directing the respondent school to reinstate me and pay full back wages within one month of . Here I tell you that I myself appeared in person before the court and I argued in person before the court . The respondent school disobeyed the court directions willfuly and refused orally to reinstate me . The respondent school has not got any relief from high court to stay the order passed by ADJ.
My question -Can I file execution or Contempt of Court Petition or both -execution as well as Contempt of Court Petitionagainst the respondents for not obeying the court order and before which court -either the court who passed order or before High Court ?
Under which section of Contempt of Court Act 1971, I wiIl have to file Contempt petition before trial court? I have gone through minutely provisions in Contempt of Court Act 1971 but could not find relevant section under which I may file contempt petinition before trial court.Kindly advise me so that I may get relief.
,
ravindrakumar
06 October 2014 at 01:12
Hi Experts,
I have bought Akash Tablet last year but due to some techical issue i submitted it to cervice center and i recieved it after 15 days but again some issue occures in Tab so i resubmitted it to Service center and i recieved it after more than months but the same issue was there and i resubmitted it again but till now 4 months are passed but i havent recieved my device after making email communication datwind call me and said there is Motherboard problem we need to replace your deveice but we dont have same model so we are provideidng you upgrated model and for that you need to pay extra 2500Rs ,
for all this i have all the service center recipt but my Purchase bill is dammaged in such a way that in can show all the details but invoice no is not copletely present(it is dammaged).
Kindly advice with all this document is it possible to apaproach Honable Consumer Forum or my dammaged Invoice will create any issue for me.
Thanks In Advance.
Ravindra.
P.C. Joshi
05 October 2014 at 20:18
Dear Friends,
If an establishment transfers its head office from one state to another state but the registered office remains in the same state.Is it mandatory to get registration (new or transfer) in new state for PF/ESI or state shop & establishment registration.
Can anyone please share their views.
Thanks & regards
P.c. Joshi
SHAMMI
03 October 2014 at 02:14
Dear Experts,
I was an employee of a Pvt. Company, which is a 100% subsidiary of an Belgium based company, dealing in heavylift equipment rental and providing engineering services. I have worked there for 27 months. After handling a huge mental pressure for a long time, one good day, i have decided to quit the company. I have resigned on 6th August, and offered a full 3 months notice to the company as per appointment policy. On 23rd of August newly joined Regional HR & my department head has called me up for an adhoc meeting and asked me to get relived by same day, without any prior notice. However they agreed to issue relieving in date of 31st August, and show 7 days on LWOP. (23rd-31st Aug.).
In past, they have always recovered the pay in lieu of waiving notice period from all the employees who couldn't serve full notice, but now when it's their turn to pay salary in lieu of early relieving, they said it's management discretion that they don't need to pay you anything in lieu of early release.
Now it's been a month, and after several reminders to the management, they have sent me an email with F&F calculation, where they have made a deduction of rs. 1,00,000 against an employment bond, which i have never signed. They have sent me to UK for a meeting, but it was not for any training or studies etc. it was just to attend several meeting with various managers in 3 week period. Now they claim to recover cost of travel through that fake bond, which wasn't signed by me, neither any of other employees have signed any bond, who were travelling with me.
Moreover they have given threat for spoiling career and give negative reference checks as well, when i said that there is no bond as such, for which i have audio recording evidences as well.
Please suggest, to whom i can complain, and which acts govern these kind of issues ? (My Monthly salary was Rs. 60,000 )
Thanks In Advance.
MOHIT THAREJA
01 October 2014 at 20:26
Hi,
My employer has retained my Original Certificates in lieu of serving 2 months notice while leaving the job with my consent on Company's Letter Head.
In case, i leave job without serving notice then please provide me remedy to get my certificates back.
Natasha Mourya
01 October 2014 at 18:03
I calculate EPF on an employee as follows
BASIC:- 8000
Personal Development allowance:- 2000
Education Allowance:- 2000
Total CTC is:- 12000/-
EPF is calculated on 8000.
Increment is applicable yearly on April. An employee was getting Basic 6000 for FY13-14, He got increment on Basic from 6000 to 8000 in April, then against He got increment on Basic on 8000 to 10000 in August. I want to know should I start calculation EPF on Basic 10000/- or 8000/-, becoz as I was advised to keep calculcating EPF on Basic 8000/ till september 14, for Oct's salary EPF will be calculated on 10000/- on wards.
MEENAXI
30 September 2014 at 12:45
As per EPF Act the wage limit for deduction of EPF was 6500/- which has now been enhanced to 15000/- w.e.f 1st Sept, 2014. However, my query is whether the employer is totally exempted from EPF contribution in case if the wage of his employees is more than 15000/- or he has to compulsorily deduct EPF for first 15000/- and for rest he can claim exemption on From 11.
E.g wage of employees is 20000/-
is he toatlly exempted or EPF has to be deducted on first 15000/- and for 5000/- he can fill form 11.
Syed Tarik Raj
30 September 2014 at 10:51
Sir please find the attach copy. Sir I was given the penalty of withholding of increments of pay for two years without cumulative effect after departmental inquiry.
Now I want to know is that
1. Whether I will get the due salary after completion of this two years penalty.
2. After completion of this penalty what will be my new increment. Whether I will get 9% increments in the third year that is 3% in the first year, 3% in the second year and 3% in the third year all total 9%.
3.Is there any way or rule or clause for this. If so kindly let me know the rules/clause etc.
I am not able to get any idea about this in the office memorandum No.6/3/2013-Estt (Pay-I)
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
North Block, New Delhi
Dated the 6th February, 2014. It is not clearly mentioned about what I want to know.
So please help me and guide me in this regard. I will be very thankful to you if you kindly help me in this respect.
DKTAZILANOM9909
29 September 2014 at 19:44
Dear Sir,
We are the members of a registered trade
union operating in a Central Public Sector
Undertaking (CPSU) in West Bengal. Our PSU
Management has recognized our union (not
affiliated to any central trade unions) as
a sole bargaining agent for the workmen of
the PSU since last forty years. There is
also another registered trade union
(affiliated to central trade union) in the
CPSU with lesser members compare to our
recognized trade union. That registered
trade union recently demanded to CPSU
management to be recognized union claiming
that they have more members compare to our
union and demanded for membership
verification through secret ballots.
Earlier membership verification was done
two times and our union was declared as
majority union by secret ballot elections
fifteen years ago. Since then no
verification was done and we are the
recognized union with majority members. My
question is that as the other registered
union demanded for membership verification
through secret ballots so is it mandatory
for us to prove majority union through
secret ballots only or there are any other
methods to be followed to prove us as
majority union?
Regards,
Sandip
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Breaking of service bond
Sir,
I am Graduate Engineer Trainee in L&T construction of 2014 batch. They have taken undertaking and Guarantee of 2 lacks for 2 year. Now I have completed 3rd months. They have not mentioned about working hours in the bond. now They are making me work 12 hours per day( some times more than that). Because of such a worst working culture, I don't have personal life and feeling mentally depressed. Now I have decided to leave job. but I am afraid of BOND. please help me out legally to make my future better.