soni
02 August 2014 at 19:53
Hi,
I am a IT professional, few days back I joined new company . In my previous company there was notice period of 45 days but I served only 25 days notice. According to my offer letter there was buy out option. So during my notice period I talked many times with HR and Mgmt. head regarding to buy out notice but they were not agree on it. When I told them that it is mentioned in Offer letter then they told me that its Management decision so we can not relieve you before 45 days. And they already deduct my 15 days salary from last month and also they not paying my next 25 days salary.
At last day of my notice period (on 25th day), I requested many times for relieving but they were not agree on that. So I mailed them that today is my last day in company and I am not coming from next day.
Next day I joined my new company, they allowed me to join them without previous company relieving letter.
After few days of living previous company, previous company HR sent me a mail regarding notice and a demand of money.
So please let me know what I need to do in this case. I have all conversation mails regarding resignation and relieving letter.
Please suggest me what I can do in this case.
Thanks
Soni,
Member (Account Deleted)
02 August 2014 at 17:26
Dear All,
I am working in a State PSU .My present job requires me to send my application through proper channel for outside government/PSU posts.My employer is reluctant to forward my application through proper channel.Ihave moved two applications for two different posts of Central Govt with better scale and better future prospects.However,my employer is taking my pleas to deaf ears and is not forwarding it through proper channel.The test/interview is approaching ,HOWEVER ,I have send advance copies for both the posts.My queries from the distuingished members is:
1)As per directions of Ministry of personal forwarding of application in this manner should be arule rather than exception.kindly explain
2)Also my employer is stating an excuse that the oorganisation is short of regular staff(I am a confirmed employee and under no bond with my employer).Is it a justifiable reason for holding my application.
3)If the employer doesnot forward my application ,will it count as a breach of right/law by the employer.
4)What are my legal options after all the efforts via talk are exhausted.
Kindly guide me on the issue.
Thanikng you
S Kumar
01 August 2014 at 23:31
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
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
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False statements & concealment of facts
Dear sir,
i have filled a case against my office for concealment & false facts submitted during hearing, also reflected in disability commission judgement. with these false facts CAT & high court didnot admit my plea,bcz everwhere they mention disability commision judgement.
now i again go to disability commission, & filled petiton for false statements & concealment of facts by deptt..
but disability commission now again did not listen during hearing... however i also try to submit additional documents during hearing which i got after filling the petition through RTI, but he did not accept during hearing, & reserve the judgement. however i again now make application requesting to please look into these additional documents, which he did not accept during hearing before pronouncement of judgement.
i want to know if disability commision without considering additional documents passed judgement, can i go to high court?
and i have see a judgement which state that judgement obtained through fraud and concealment of facts is fraud and are void.
can high court can make void his own judgement, CAT order which made on relying on disability commision order in which false/ concelament of facts.