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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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S Kumar   21 July 2014 at 17:40

Why p.menu sir said that there is no need to file wp

Dear lawyers

In my last query P Menu sir advice me that there is no need to file WP against WP of company.

What does it mean.

Isn't this mean that I am myself leaving my claim of reinstatement with backwages

or P Menu sir is suggesting that a reply in form of a counter reply to their Wp where I pray HC for reinstatement with full backwages will be sufficient?

One more thing as their is a section 36 in IDAct to restrict practicing advocates is there any section under which I request HC not to allow a lawyer since I am pursuing my case individually.

Thanks
S Kumar

hdshardik   21 July 2014 at 17:34

Esic problem

when my entity to whom esic and pf is applicable , is when they make payment to contractor for renovate his unit and contractor himself is not payning esic to his labour , is a entity is liable to pay the esic ? why? pl throw the light in relation to this point .

Humayun Khan   21 July 2014 at 16:55

Illegal termination

MY NAME IS HUMAYUN KHAN. I WAS WORKING AS FINANCE OFFICER IN A 2 STAR EXPORT HOUSE AT KANPUR M/S SUPER TANNERY LTD. SINCE 01.12.2007. ON 21.06.2014 MOHD. IMRAN (DIRECTOR FINANCE)PUSHED ME OUT OF THE OFFICE INSTRUCTING THE GATEMEN THAT I SHOULD NEVER BE ALLOWED INSIDE THE PREMISES AS I PROTESTED BEING MARKED ABSENT FOR TWO DAYS FOR VIRTUALLY NO FAULT OF MINE. SINCE IAM A PERMANENT EMPLOYEE I WROTE EMAILS AND A LETTER DEMANDING PAYMENT OF STATUTORY DUES AND IN THE EVENT OF NON PAYMENT COMPENSATION. THE COMPANY HAS NEITHER REPLIED TO MY EMAILS AND LETTERS NOR ACCEPTED THAT THEY HAVE ILLEGALLY TERMINATED ME TILL DATE. WHAT LEGAL REMEDY DO I HAVE NOW. KINDLY ADVISE.

shailesh pandey   21 July 2014 at 11:03

P.f. cieling from 6500 /- to 15000/-

Dear Sirs ,
Kindly let me know the new revised salary limit for P.F. is announced in this budget is Rs.15000/- from which date it is going to be implemented.We have observed in EPFO site ,they are showing as its NEWS only instead of their circular/notice.
thanking you
regards
shailesh pandey

Lt COL R S shekhawat   21 July 2014 at 08:43

Honuring goi letter of benevolence to soliders

BENEFITS for prior military service are duly certified by DPE,, allowed by Government of INDIA on the basis of recommendation of high level parliamentary committee
GOI Sanctioned for prior Military commissioned services rendered meritoriously with Honor, Dignity pride in National defense

the letter of authority on basis of which my requisition for grant of increment


560/43/TA-(a)/03/00/S(GS-1)
Government of India,
Ministry of Defense
, New Delhi, the 7th Jan 1994
To
The Chief Secretary to All State Governments/Union Territories .

Subject: Concession Incentives sanctioned by State Governments to Territorial Army personnel.

Sir,
This refers to Ministry of Defense letter No.47560/GS/TA/-3(a)/306-B/D(GS-VI) dated 19th February 1985 and letter of even number dated 8th September 1992 on the incentives by State Governments to Territorial Army personnel.

2. Most State Governments have instituted some cash awards/grants for the winners of Territorial Army decorations/Medals. However, these awards were instituted a long time back and have been rendered insignificant by inflation. In many States, this reward is limited to Rs.2500/1500 only. It is requested that this may be revised to a minimum of Rs.5000/- for TA decorations and Rs.3000/- for TA medals. Some State Governments have already made the revision.

3 Government of India had also recommended that the facilities listed below may be considered for Territorial Army personnel. These incentives were listed by a committee which was set up to go into the Territorial Army and are already being given by most State Governments :-
(a ) Grant of 01 increment for every 03 years Territorial Army service, as is being given by the Government of Uttar Pradesh.
(b) Counting of Territorial Army embodied service for purposes of seniority, promotion and other considerations to those entering civil services.
(c) Exemption of Road tax on vehicles owned by Territorial Army personnel as is being given by west Bengal Government. Yours faithfully,


Sd/xxxx-
(S.K. JAIN) Joint Secretary (G).
there are several army orders\army instructions \DOPAT circular ON IT BUT

NO ONE RESPECT THEM


THE ABOVE LETTER CONTINUES TO BE RESPECTED BY ALL MINISTRY YET

can \should SAIL grant me the increments within ambit & scope of above GOI letter
or
deny by quoting it is first such case
no precedence etc




S Kumar   20 July 2014 at 22:10

Whether litigatioin expenses of 15000/- sufficient to fight a case in delhi high court

Dear lawyers,

In my illegal termination case the labour court passed award in my favour and instead of giving reinstatement with full backwages awarded only 5 lac compensation in lieu of reinstatement and backwages for which I want to file a writ.

Since I was having limited finance I could not avail the service of a private counsel. So I approached DHCLSC for free aid but they were only interested to defend the 5 lac amount and refused my request of fighting the case for reinstatement with full backwages.

In the meantime company filed their WP for stay of award and with difficult efforts I counterfiled my 17B application before listing date of their WP so that I will be able to get litigation cost as well as subsistence allowance. The Court have not stayed the order and said that it will take their WP and my 17B together on next date and on my request that since DHLSC is not fighting my case as per my request they pass order that I can pursue my case individually and allowed RS. 15000/- as litigation expenses.

I have started preparing my writ petition but because of my no experience of legal rules and technicalities I require service of legal service provider who can help to file as well check my drafted writ petition.

Can this forum help me in my limited resource of Rs. 15000/- during this litigation if I fight on my own.

regards
S kumar

Lt COL R S shekhawat   20 July 2014 at 12:12

Benefits as additional increments for military service on joining govt psu

SIR
RESPECTED LEARNED COUNSEL

kindly mention
A.court judgements or court orders of cases were additional annual increments are awarded to military officers on joining any GOVT psu

1 as benefits for the prior military service

2.such benefits are do given by banks psu

but no exact precedence in SAIL ONGC etc if any court judgements

do clarify

SIR NOT TO BE QUIZZED WITH PAY FIXATION OR PROTECTION OF LAST BASIC MILITARY PAY ON JOINING ANY GOI PSU

3.IF ANY DPE GUIDELINE OR RULE AS SUCH ON AWARD OF INCREMENTS FOR PRIOR MILITARY SERVICE ON JOINING PSU
REGARDS

Ashok Chourasia   19 July 2014 at 13:58

Quality control manager

I worked in a company. Una (H.P.)as Quality Control Manager from 11th Oct. 2012 to 30th Apr. 2014. No Increment was given to me till Jan 2014 and I resigned on 11th Jan 2014 but I was not relived and I had to continue services.
After many efforts Increment letter was given in the month of March around 15th 2014 terms conditions for notice period were changed as one month from employer side and three months from employee side, and as such I had to receive because the increment was to be lost in case I refuse the letter. While in the initial offer letter notice period was one month at which I joined the company .So I was kept under pressure to receive the letter.
There were absurd working conditions under which performing duties properly was not possible so I resigned again on 29th March 2014, and left the company on 30th April.
I was not given pay slip and no salary with increment, any earned leaves encasement and arrears was given to me, and salary of Month April is not being paid to me.This case may be filed in Labour Court? Bsic salary is Rs 20625 Total monthly with allowence 48600.Or in other act/court case will be filed.

subhash yadav   18 July 2014 at 23:07

Regarding fir lodging

sir iam a delhi govt hospital staff nurse.suppose iam doing duty in casualty and there is any qurel between staff and patients attendents.and patients relatives beat us on duty ..this situation who lodge the fir individual ya hospital authority....because a chief doctor is alwayas on duty as CMO.

Member (Account Deleted)   18 July 2014 at 21:57

Permanent home address

i have to join a public sector org.....my both parent are deceased and old house is in custody of the bank for non payment of the home loan.........org ask for permanent address but i have only current address