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Manzoor Ahmad   29 August 2014 at 10:18

Regarding arrears

Sir,
My name is Manzoor Ahmad.I am from Jammu and Kashmir State.In our District ie District Anantnag. Delhi Public School opened a branch.Various posts were advertised in newspapers along with scale of pay was shown. I applied for the post of librarian.I got interviewed and later appointed for the post of PRT Librarian. After one year I was taken on probation. And a letter of appointment was also handed over to me.Letter of appointment is full of terms and conditions. one of the the condition is that I will be retire at the age of 60 years, and another condition is That initially you will be given a salary of 5000 Rs per month along with admissible DA besides usual allowances as per central govt norms. But once the monthly salary was disbursed no dearness pay no allowances were given to me .I was given a salary of 7000-9000 at different occasions.I write many times to the school authorities but I got no reply. Another person who was appointed in the school was given initially a same salary which I was givenBut later he was given every allowance and also 6th pay commission .Due to which the said person gets a monthly salary of 35000 Rs.From 2007 to 2013 I reached 9000 Rs per month. There is a huge difference between my salary and the other persons salary and lot of my arrears are still pending in the school. Now I have decided to file a suit in the labour court.You are kindly requested to advise and help me that under which provisions of labour law I will file a suit against the school.Sir what is your opinion regarding the whole case. How much chances there are for me to win the case.Hope that you will reply.
Thanking You
Manzoor Ahmad

VINOD KUMAR JOSHI   29 August 2014 at 07:42

Damages u/s 14 b of misc. & pf act



Dear Sir,

we have rcvd. notice of 14 b for delay in pf due deposited. In notice two payment are there for one month . In one challan there is minor penalty is related to us for which we have submitted bank certificate. The another challan is not belongs to us. But in PF EDP data the same is related to us. Astt. PF commissioner pass the order. please guide what we can do now?

regards

Vinod K. Joshi

A. DATTA   28 August 2014 at 22:03

Termination of service

THE MATTER IS UP AT THE INDUSTRIAL TRIBUNAL KOLKATA FROM 2003 ON THE POINT OF VALIDITY OF DOMESTIC ENQUIRY. THE CO. COULD NOT ADDUCE THE EVIDENCE OF THE ENQUIRY OFFICER OR ANY OTHER WITNESSES. WILL THE DOMESTIC ENQUIRY BE DECLARED INVALID ? THE ENQUIRY WAS DONE EXPARTE AS I WAS SEVERELY INJURED AND BROKE MY LEG.

Member (Account Deleted)   28 August 2014 at 14:24

Contract labour

Dear Sir,

I am working for a private limited unlisted company. Our Company has employed contract labor. Now one of the contract employee is leaving the organization within 30 days of joining date. Now as a Principal Employer does the company under obligation to pay the PF for the contract employee. Whether the Contract Employee can withdraw the PF amount.

Request you to kindly let me now whether the principal employer is under obligation to pay the PF for the contract employee who is leaving the services with 30 days of joining?

usha   28 August 2014 at 14:02

Resignation and notice period buyout

Hi Everyone,

I am working for a indian IT company. But currently I am in US with my spouse and kid on 3 months Leave without pay. Due to some personal reasons I had to resign my job because HR is not ready to extend my LOA for few more months. Because I am not in a position to leave US i.e. going back to INDIA to serve the notice period of 3 months, I opted to buy out my notice period. To make a buy out my employer is asking me to pay 3 months gross salary which is coming around 2.5 lakhs which is very high amount. It includes Basic pay (~35000)+HRA(17350)+ Special Allowance(26000)/month.

My employer is not having policies clearly defined. No policy document is clearly saying about the buying out notice period. Also when my employer's HR team prepared FnF Statement. If I ask why do I need to pay 3 months gross pay, they are asking me to refer the point from my offer letter. And no where it is specified as Gross salary. As per industry standard most of the companies asking to pay the basic salary to buy out the notice period.

In my offer letter point under Notice period says as follows.

""Notice Period: On confirmation your appointment with the Company will be subject to termination with 3 months notice or payment in lieu thereof. Should you desire to resign from the Company you shall provide the Company with a prior written notice of similar period of such resignation or payment in lieu thereof. However, in case any disciplinary proceedings are either contemplated or pending against you, the Company shall have the right not to accept your resignation. If you desire to resign from your services hereunder, you shall, not withstanding the provision with respect to payment in lieu of the notice as provided hereunder, make yourself available during all office hours, for such period from the date of tendering your resignation, as may be required by the company as its discretion order to ensure smooth transition.""

Please note that it says "payment in lieu thereof". Just payment. What does it really mean? No point says that payment is Gross. Just a payment.

Please advice how I can take it forward. I am able to pay money for buying out my notice period. But not the gross salary, because for the past 3 months I am on Leave without pay.

Expecting your responses.

Rajiv Kaicker   28 August 2014 at 13:19

Payment of gratuity act

Can anyone send me the complete judgementb of

Food Corporation of India v. V. Mohammed Manzil, 2008 LLR 154 (Ker HC).

Manish Das   28 August 2014 at 01:28

Can i continue my regular graduation course while working as government employee?

I recently got a Govt job as primary teacher in West Bengal. The qualification required was 10+2. I was pursuing Bsc graduation degree when i was appointed. Is it illegal to continue my studies(regular course) along with the job? What is the standard procedure to continue my studies along with the job?

Dheeraj Kaushik   27 August 2014 at 12:47

Time limit

time limit to file an review application under section 7B ag. the order passed under section 7A.

Is dictrine of res judicata apply to Writs

Dheeraj Kaushik   27 August 2014 at 12:26

Limitation period

Sir,

What is the limitation period to file an appeal against the order passed under section 7A of the EPF ACT.

ANKIT KUMAR DAVE   27 August 2014 at 11:53

Business occupation certificate

Dear Sir
I want to know about this. my questions are as below--
1. who is issuing authority of this certificate.
2. What is importancy of this certificate
3. It is compulsory for a factory.
4. It is in which act related