shailesh pandey
01 August 2014 at 13:59
Dear Sirs,
Kindly advice as some of staff member's appointment letter In clause no.9 notice period is three months.Staff members have approached to do one month notice instead of three months.While issuing their confirmation letter can we amend it?kindly give me a proper line which can be added.
thanking you
regards
shailesh
ramprasad patel
31 July 2014 at 23:46
sir mera chota bhai M.P.V.V.CO.Lmt.(bijali vibhag)me class IV (helper) karmchari tha absent ke karan noukari se years 2010 me nikal diya gaya tha. nokari se nikalne ke virudh apeel apeeliya officer (S.E.) ko ke thi jisame noukari se nikalane vale officer(D.E.) dwara ki gayi karvahi ki kamiyon ke vivaran diye gaye the .apealiy officer(S.E.) ne apeal kharij kar (years 2010) di thi. ab pata chala hai ki jisa officer ne noukari se nikalane ka order nikala tha vah officer sahak yantri tha evam use karyapalan vantri ka charg diya gaya tha evam karent charg pe pad par karyarat officer samvidhan ki shakti ka prayog nahi kar sakata hai. ab hame kya karana chahiye
prateekkkk
31 July 2014 at 12:40
Respected sir,
Please help me on my case... i am phisically handicaped personwith above40% disability and got promotion on TRANSFER outside delhi,irrespective of posts available in delhi.. i want to mention some more fact here:
1. there is NO transfer policy in our office.only an ORAL decision taken that after 2005 promotion will be given outside DELHI.
2. vacancy should be filled, 50% through test and 50% through DPC. they didnot follow this rule, and didnot done the DPC 4 year, and they specify no reason for that.
They give preference to their favorites and give promotions to them in delhi..i have proof of all these though the information i got in RTI.
i on including the above facts alongwith DOPT guideline that state prefernce to be given to handicaped in native place in case of transfers, and my native place is delhi, i filled appeal in Central administrative tribunal (CAT)..
but CAT didnot hear other point and say that seeing your nature and degree of disability you have to go outside delhi..the court didnot consider the other points like no transfer policy, no follow of rule e.t.c.
i then challange the CAT order in high cout, but high court also didnot admit my appeal and said real interpretation of DOPT guideline is that it is to be seen with degree of disability, and my disability is not like that i cant go outside delhi..and affirm the judgement of CAT and honorable high court also said that some trasfer request are pending of other employess, so they also have to give chances.in reality their are no pending request..the court didnot give me chance to proof..the didnot even admit it...the only see DOPT guideline and didnot see other facts due to which DISCRIMINATION is happened to me..
Initially i thought that court will see all other facts and my advocate thus made case on the basis of DOPT guidelines and not on discrimnation..
NOW PLEASE GUIDE ME THAT CAN I CHALLANGE HIGH COURT OTHER OBSERVATION IN SUPREME COURT..I AGREE THAT DOPT GUIDELINE NOT FAVOUR ME AND IS IT POSSIBLE THAT I DIDNOT CHALLANGE THAT SPECIFIC OBSERVATION AND CHANLLENGE OTHER OBSERVATIONS....CAN I CHALLANGE BY MAKING CASE OF DISCRMINATION THROUGH SLP IN SC...PLEASE GUIDE ME,IS THEIR ANY CHANCE OF JUSTICE FOR ME..??
Member (Account Deleted)
31 July 2014 at 08:47
hi all,
i am a non practicing advocate since i am working in a private firm. i want to know boundaries of my rights and duties as a non practicing advocate.
thanks in advance
sanjay
31 July 2014 at 02:27
Dear Experts, See if this is better.
If one moves between two legal entities of the same group company - the company is GE and one entity is GE Capital International Services Pvt. Ltd. and the second entity is GE India Pvt. Ltd. They have separate India heads and one is a subsidary of GE Capital US and the second a subsidary of GE Asia , however both are a part of GE.
If person works for 8 years with GE Capital International Services Pvt. Ltd. and then is transferred to GE India Trade India Pvt Ltd. and through that process resigns from one company and goes to the other. However in the transfer letter and agreement paperwork, GE agrees that gratuity will continue and payments will be made keeping in mind 8 years from before plus whatever time he spends at GE India. Is this legal and can such an agreement be drafted?
loyolagbabu
30 July 2014 at 19:38
Dear Sir's,
I am PSU employee and have joined my organisation in 2008. It was a Group C post with qualification of 10+2. At the time of joining I was in my "FINAL SEMESTER OF GRADUATION". As I joined my organisation immediately, I completed my graduation a year later in 2009 by clearing the papers.
1) No where in the in the initial application, I was asked to give qualification which I was pursuing, instead it asked completed studies. Since I was just 10+2 at the time of application, I did not mention that I am pursuing degree.
2) Now when I request the administration to add the information in service book, they said that it cannot be done as I did my graduation without intimation and not intimated the same in the application.
3) Since I joined the course before joining the organisation the intimation point is not valid on me and also there was no provision for intimating the same in the initial application. So its not the fault on my side.
4)My organisation is not so rigid, but are worried about the rules. They said, if there are any any orders which permit ex-post facto intimation to record, then they are ready to do. Is there any order/ circular / court orders which talks about ex-post facto intimation?
5) Because of this issue I am not able to get NOC.
Kindly help
sumit
30 July 2014 at 17:48
Hi sir, I have been joined one of maharatna psu 1 year ago. Before that I was services apprentice in railway & get stipend. But before I completed apprenticeship I gave psu exam & selected so due to ignorance I haven't. Produce any noc. Also as I wasn't. Permrnant. Employee of railway I wasn't. Gave resignation to apprenticeship. So what will happen if my present employer knows this matter?
Raj
30 July 2014 at 15:08
Vigilance or Income tax can scrutiny or raid the government servant after his retirement due to properties value more than his earnings.
madan
30 July 2014 at 14:26
the BOCW in acted by government of India in the year 1994, but the Himachal Pradesh government has formed board for its implication in the year 2008. My question is that the works already under execution in Himachal Pradesh is liable to pay BOCW from back date i.e from 1994 onward, In my case i have stared construction of Dan from 23/07/2007. kindly advise
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Witheld bonus, interest on delayed payment of gratuity, benefits of a retention policy us 33c(2)
Dear Sirs,
A company who is an establishment covered under Payment of Bonus and Payment of Gratuity Act and who by an email circular declared an employee retention monetary scheme, defaulted in payment of Bonus, paid gratuity after one year and never paid the amount of employee retention scheme at the time of full and final of a workman.
Can a permanent workman who was denied these benefits on his full and final settlement can recover these amounts i.e. unpaid Bonus, interest on delayed payment of gratuity, employee retention schemem amount us 33 C(2) by producing the email copy as well telling labour court that company have not paid bonus to him like the other permanent employees of his level.
Further whether Labour Court will proceed as an adjudicating authority by following the same procedures as done us 10 of ID Act,1947 i.e.by framing issues, evidences, cross examination, arguments etc. or as an executionary court, will decide the case expeditiously by enquiring from company about the breached service conditions/appointment letter of employee and the submitted documentary evidences of retention scheme, coverage under Bonus and Gratuity Act.
If labour Court start proceeding as per section 10 then whether employee can raise objection and request it not to adjudicate like section 10 but execute us 33C(2) on the basis of submitted documentary evidences/terms of his appointment letter where company have admitted about these statutory and other benefits under declared schemes.
Whether Company can also be booked for punishment for not paying the statutory payments of Bonus or delayed payment of Gratuity by complaining it to Labour Authorities pending 33C(2) proceedings.
Many Thanks in advance to all helping experts of this social welfare forum.
s.kumar