Nura Nais AS
25 February 2014 at 02:26
My Father who was working in IOCL as an OO-2
expired this month. I was given the opportunity to apply for Compassionate Appointment, Grade 'C' and 'D'.
I have done my Graduation in Computer Application [3years] from IGNOU, New Delhi.
IOCL is rejecting my degree as it is not full time.
But the form that i was provided to fill for compassionate appointment nowhere states that the degree should be full time[image attached].
The question that i want to raise is:
Does same recruitment rules* applies when appointing a candidate on compassionate ground ?
[*In general IOCL appoints only full time courses.]
V.N.K. MENON
23 February 2014 at 21:13
BRIEF DESCRIPTION
=================
PROCEEDINGS IN LABOUR COURT: (sequentially)
------------------------------------------
= After cross-examining the w/man the employer vanished and did not subject himself for examination.
= In the next hearing none-appeared for management and was declared ex-parte by the court.
= In the next hearing my advocate as well as other party’s did not appear.
= When I came to know about it, restoration application was filed and it was granted whereas other party vanished / absconded.
= The court gave 14 opportunities /hearings, but Management neither appeared nor applied for restoration.
= Reasoned Award was passed finally after 1 ½ years by Labour court ANSWERING ALL THE ISSUES.
=When notice of implementation was received from the Labour Dept. Govt. of NCT Delhi, the Management woke up and submitted application to Labour Court for review of award. Labour Court rightly rejected it by a reasoned order.
IN THE HIGH COURT
=================
YEAR 2006
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= Employer filed WPC invoking Art. 226/227 on the plea that they were not given notice on restoration application of workman by labour court.
= Main WPC went through adjournment-after-adjournment and NO ARGUMENT TOOK place except 17-B application.
= W/man filed for interim relief u/s 17-B of ID Act which was rejected by Single Bench.
YEAR 2009
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=W/man filed LPA. Division bench passed CONSENTED ORDER granting 17-B. Accordingly Employer wanted to take work from w/man and reinstated him in 2009 in the unit of employer at remote place and an advocate my cousin was looking after my interest.
YEAR 2012
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= When I was given a forced retirement in the year 2012 on attainment of 60 years. It was a forced retirement in the sense that I was discriminated against my (about 20) contemporaries/ colleagues and also in the absence of a retirement clause in service rules / appointment order.
(1) When I was given a forced retirement in 2012 which was RECEIVED UNDER PROTEST, I came to Delhi and inspected the records in the court and found that I was not represented properly.
CRUX OF THE MATTER
-------------------
= I FILED A MOTION TO DISMISSAL OF WPC ON THE GROUND THAT THE W/P IS CLOAK OF AN APPEAL IN DISGUISE, RELYING ON APEX COUR JUDGMENTS, AS THE MANAGEMENT DID NOT USE THE REMEDY AVAILABLE FOR RESTORATION THOUGH 14 OPPORTUNITIES WERE GIVEN BY LABOUR COURT. THIS WAS LISTED FOR HEARING AFTER SAY ABOUT 5 MONTHS.
=In view of the long gap, I, the w/man filed APPLICATION for interim relief during pendency of WPC under 17-B as per the will of statute .
= MOTION TO DISMISS WAS IN ABEYANCE DUE TO 17-B application.
= Therefore, I filed application for early hearing of WPC.
Ground/ cogent reasons (in short):
---------------------------------
(a)Senior citizen; sickness ; (b) no livelihood (c) disablement inflicted during the course of employment : (1) aggravation of breathing problem & (2) hearing problem because of posting at high altitude as I was discriminated from other employees in the matter of winter equipments to withstand severe cold at the place of posting situated at high altitude of 4000 ft. Also No bonafide retirement benefits given which cannot be attached by any court of law as it is protected by Sec.60(1)(g) CPC and ratified by Apex Court in several cases.
**LPA early hearing was disposed off by Div. Bench giving opportunity to approach the Single Bench again with the prayer.
** Accordingly approached Single Bench – judge recused.
** Next hearing before another judge “for admission”: CAUSE LIST (the two applications):
(i) Application in re. regard to MOTON TO DISMISS WPC
(ii) Application for early hearing.
= Judge commented upon early hearing ONLY and taking the version of Management as gospel truth. The truth is that, It is very unfortunate that I got no opportunity to speak at par with the advocates of opposite party. Some time back there was a proposal to video recording all the proceedings but was not implemented for unknown reasons. REALLY TRAVESTY OF JUSTICE. It is pertinent to say point out that Opposite party is believed to have incontrovertible tainted course and conduct including guilty of graft charges. I do not want to elaborate further in the public forum.
IN THE CIRCUMSTANCES I WANT TO FILE LPA and WHAT STAND THE EXPERTS RECOMMEND TO TAKE IN LPA, SO THAT IF IT IS DISMISSED I CAN FILE SLP.
CONSIDERED GUIDANCE / OPINION IS SOUGHT FROM Ld. L/C experts, please. Thanks and regards.
Lorax Michael
23 February 2014 at 17:56
I joined this company as an Manager operation they gave offer letter for the same.(its the part of a deal which they made with me)
But when my first month completed and I got my salary slip at that time I got to know they made me Asst.Manager and reduce my salary without giving any prior information.
Other wise I wouldn't have join the company,they came to me and want that I should join their company.
After this I have no option but to except the post of Asst Manager where I was not satisfy,I feel cheated.
The ordeal not stop here they started harrsing me one way or other time to time.
Things went in bad shape when I ask the leave for my festival they agreed to it and my senior verbally told me to apply for the same, I did the same.
before leaving they did not approved the leave nor declined it ( I applied the leave on 16th DEC and I went on leave on 21th DEC) they called on the night of my festival and they were forcing me to cancel my leave and join the company.
That was their game plan to terminate me but I refuse and called the HR and told the same thing about the behavior of my superior.
but no one listen to me.
on 13th Jan they were forcing me to take warning letter for false allegation which they made and they want acknowledgement for the same,when I asked some clarification .
They send me on long leave and they send me a letter of termination with more false allegation which I do not except.
I even try to gave the explanation but they don,t answer .
Now I am without job and they have mention a clause in that letter if I try to work in any company with same work mode which I was doing for past 20 years they will file legal action.
I have two girls but no job to support.
I don't know what to do please advise.
Lorax Michael
neha
23 February 2014 at 00:04
Namaste,
I have worked in a teaching institution for 11 years. I resigned in April 2013. My employer is not paying gratuity at one go. he is ready to pay gratuity in five yearly instalments. can I ask for gratuity at one go.
Pls Reply as early as possible.
Thanks
Rama mohan Acharya
22 February 2014 at 13:59
There is a provision in the Employees Provident Fund Scheme 1952 (Para 26-B) regarding the date of eligibility of membership for the purpose of PF. Is there any such provision under ESI Act in case there is doubt of date of eligibility ?
sandeep pilania
22 February 2014 at 12:51
In a cbse private unaided school of haryana one pti , two prt
teacher & one lib . Attendent is working from 2 - 3 years. All of they
are unquallified and can' t do job as per cbse by laws but school
mangment favoring them. So please tell me how can i take
appropriate action against them. I want to terminate them from
job by any way . Please help me
Anonymous
22 February 2014 at 12:10
In a cbse private unaided school of haryana one pti, two prt teacher & one lib. Attendent is working from 2-3 years. All of they are unquallified and can't do job as per cbse by laws but school mangment favoring them.
So please tell me how can i take appropriate action against them. I want to terminate them from job by any way.
Please help me
rahul
21 February 2014 at 20:42
I am working on a regular post, through UPSC, in a state government. after 3 years of service I applied ,through Proper channel,for another job through UPSC. Now I have received intimation from UPSC that my name has been recommended to the concerned ministry for the post.Can I ask for technical resignation from my present employer based on the upsc letter. Or should I wait for the appointment letter from the future employer.
Mrs.n
21 February 2014 at 10:56
Dear All,
Please suggest in which court the order by court of chief judicial magistrate at thane can be appealed??
The order is under factories act ,1948 .
pl.suggest the hierarchy of the court for this .
regds
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Bonus act applicablity
Dear All,
Is Bonus Acts apply to Pvt Ltd Company which is running under Educational field( Pre Primary education )
2. What is the pre condition to apply this act( In terms of Min Employee strength)
Regards