Upendra P Sinha
16 September 2014 at 15:43
I was earlier employed in a Delhi based telecom company from 11th Aug 2011 to 14th May 2013 till my superannuation. My employer has not paid the following
1. Salary - Rs. 11.17 Lacs (for 6.5 Months)
2. Income Tax - Rs. 3.18 Lacs (Deducted but not deposited with IT Dept)
3. Employer Provident Fund - Rs. 1.02 Lacs (Deducted but not deposited).
4. Form 16 - Not issued because they have not deposited the Income Tax deducted.
My several letters sent by registered post & speed post have gone unreplied. My telephonic calls have not been answered. Now my only option seems to take a legal recourse.
My only worry since I am resident of Navi Mumbai and want to file a case against the employer in either at Thane or Mumbai court will be admissible or not.
The appointment letter clause 21 states.
Arbitration :
All the dispute/differences arising out of or relating to this appointment shall be referred to Indian Chamber of Commercial Arbitration/ Committee, Delhi at 1/112-113, Loha Mandi Naraina, New Delhi-28 for arbitration and the award given by the arbitrator shall be final and binding upon both the parties.
I want advise as to whether this case can be filed in some other court outside Delhi convenient for me as it will not be possible for me to travel to New Delhi every now and then.
Further I would like to know whether Indian Chamber of Commercial Arbitration has the power or jurisdiction to deal with employee employer relation. Here it is a simple case of non payment of salaries and taxes deducted but not deposited with IT Department.
Kindly advise as to what best can be done.
Mita Chopra
16 September 2014 at 13:52
Hi..I joined my current organization on 6th November 2009 as a permanent employee in a management consulting firm. My last working day here will be 19th Sep 2014. I have been working continuously with this organization without any break.
My employers have declined my request for gratuity claiming my ineligibility due to non-completion of 5 complete years with the company.
However, as per my knowledge & research I am eligible as I satisfied the criteria of 4 years & 240 days. Kindly give clarity on my eligibility and way to take it fwd with my employers.
Thanks
Mita
Krishna Kumar Maddheshiya
16 September 2014 at 08:37
An accused of a criminal case is on bail. Will there be any problem in appointment, if he applies for government jobs? What should he do to tackle with those problems?
Anshu
15 September 2014 at 10:09
I am Working in a Pvt. Ltd. Company Since 2010. Since 2010 Company was not Deducting PF. But Now It is saying that due to New Notification( in which Limit is Increased from 6500 to 15000) it will deduct PF . My Present Basic Salary IS 13000/-. Total salary is Rs. 26000/-. At the end of Each Month i have to Borrow money from my Friends.
So i want to know that is this mandatory to get deducted PF or i can request to not deduct Pf from my salary?
Thanks
Anshu
Member (Account Deleted)
14 September 2014 at 18:04
well i was working in a state govt university as an assistant prof.(on full scale-Sanctioned Post of Gujarat Govt.) on probation of 2 years. every year i got appreciation letters from higher authorities of the university for additional and good work. i never received any memo or notice or improvement warning to my work conduct/discipline during probation. But surprisingly & shockingly before one month of the completion of my probation. i received termination letter in my hand. when i asked about reasons to terminate my services through RTI. they mentioned three reasons for my termination are 1) Annual Confidential Reports were spoiled by my Concerned Head of Departments 2) one inquiry regarding my misconduct 3) work Experience certificate was found forge. All above mentioned charges don't you think so punitive and stigmatic in my case and also never communicated all above charges to me ever during service. Even though if termination is smpliciter but atleast they will have give me warning or notice for improvement. Moreover i have filed case regarding promotion in Hon-able High Court of Gujarat before this incident happen. I am 100 % sure this malafied intention. straightway without notice i was terminated Is this possible without follow the procedure of Principle of natural justice Kindly let me know what are the chances to win this case in my favor. Then i filed application regarding my case in Gujarat Educational Tribunal. but finally they didn't consider the facts of my case they dismissed my appeal by saying that it's simpliciter termination. Now recently i appealed in Honorable High court Gujarat. Sir/Mam kindly let me know that what are the chances to win this case. and suggest me suitable steps in this regard.
thanks & regards !!!!!!!!!!
GANESH DUTT SOREN
13 September 2014 at 23:19
Dear Sir,
I am working in PSU organization and applied for another PSU through proper channel for which minimum seven years experience was asked in executive cadre in central/state/psu/private organization.
I have worked two years in Indian railways as section engineer and five and half years for PSU organization where still I am working. I was called for written exam and interview and finally I was selected. After that I was called for medical exam where I was found medically fit.
During final certificate verification I was told that my railway experience as section engineer will not be counted as it is not an executive post according to that PSU. They are considering only gazetted post in central govt. equivalent to executive post. In railways those officers who are appointed directly through UPSE (IES, IAS, and IRS) are gazette officer. Section engineer in Indian railways in non gazetted post where min. qualification required is degree in engineering same as that for entry level in PSU . In PSU even CMD is non gazetted officer.
My queries are;
1. Whether the post of Section engineer in Indian railways is equivalent to to executive post in PSU? . 2.How will we compare the equivalency (in designation or pay scale) between central govt. and PSU Employee?
2. In public sector even the CMD is non gazatted officer, so whether the eligibility criteria asked by PSU is correct? (only gazatted officer in central govt. is equivalent to executive post in PSU ) which means IES/IAS/IRS officers are equivalent to entry levels engineers in PSUs who r considered as Executive.
3. In PSU even a diploma holder is consider as executive after few year of experience. In some PSUs diploma holders are are directly given the post of executive at the time of joining only .
4. On basis of this can I claim for the post which I am denied .
Prachi Kaushike
13 September 2014 at 14:56
Can a private limited company give loans to its worker?
under which law?
At what rate of interest?
pradnya
12 September 2014 at 12:38
If there are two different employers in same building, and afemale employee of one employer , is harassed by male employee of the other employer , then in such casewhether the male employee 'semployer should form sexual harassment commitee or not
CA K. R. Suthar
12 September 2014 at 09:37
Dear Sir/ Madam!!!
I want to know that (a) what are the rules to make provision of gratuity for a director for a Pvt. Ltd. company. Is that compolsory for 5 years old pvt. ltd. company to make provision for gratuity.
Till now we have not make any provision for grauity, so what is the remedy?? (Our company is 5 years old registered)
(b) How to make entries for provision in current year for future payment of gratuity. (When should be started to make provision in accounts for what amount)
(c) Process of take policy or premium payment in practical view.
Sir/ Madam!!!
Please guide me as soooon as may be possible so i can file legal compliance thereafter.
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