Goutam Kr. Aich
17 February 2014 at 11:41
Dear Sir/Madam
I have been working in a single establishment under central govt. for more than 7 yrs. without any service break through different contractor. Now a days, we are very much scared of loosing the job. What we can do? pl. advice..
satya
17 February 2014 at 02:00
dear sir!
kya ESIC ka benefit private unaided school k teacher ko milta hai?
agar koi school iska benefit na de rha ho to uski complain kha kar sakte hain?
thank you sir
Atul Kumar
16 February 2014 at 21:38
R/Sir When I was unemployed, I was appeared in the interview of two central govt. PSUs {let the name of PSU be ‘X’ and ‘Y’} and got selected in ‘X’. I had joined ‘X’ with all the basic formalities and by signing the bond for serving at least 4 years and if failed to serve, I have to deposit notice period pay of 03 month. ‘X’ has issued my joining letter after some days of joining, but after 20 days of joining I had got selected in ‘Y’ also. I had decided to join ‘Y’. Therefore I had send my resignation on personal ground to ‘X’, in my resignation letter I had not disclosed about my selection in 'Y'. Since without NoC from previous employer, I was not supposed to join ‘Y’, so I had decided not to disclose my previous employer detail in attestation form (by ignoring the warnings of attestation form). I had completed one month in ‘Y’. My query is that:- (1)If by any means ‘Y’ came to know about my previous employment with ‘X’, can any disciplinary action against me will be initiated?? (2)Could I submit NoC of ‘X’ after few months. (3)What will happen if I will submit NoC after any action against me??? (4)Does 'Y' can start enquiry on anonymous complaint.
(5)When and how will i come to know about any action??
PRADYUMNA KUMAR BIDYADHAR
15 February 2014 at 14:58
I have three questions related to coverage of ESI:
1) We, being principal employer, are covered under ESI and in process of registration for our on roll employees. No. of contractors are working in our plant premises. The ESI Officer informed us the contractor should individually register as per ESIC Act where the strength of manpower is 20 or more. Some of the contractors are having contract labours less than 20, say 5 or 10. Now, what about the said contractors - whether they will be covered under EISC. If yes, what is the procedure.
2) If few of our on roll employees are posted at other location, which is not coming under ESIC coverage area, then whether the ESIC is applicable to the said employees. If yes, how they will get the benefit of the ESIC as they are posted at remote location in same state.
3) If one establishment (sister concern of our organisation with different name and registration as per MOA) is not covered under ESI because of coverage area as declared by ESIC, but some employees of the said establishment are working at our location (covered under ESI). What's about the said employees - will they be covered? If yes, under which organisation's ESI registration code as the former is not covered under ESIC.
V.N.K. MENON
14 February 2014 at 23:19
Ld. Experts/ advocates of L/C,
In view of rejection of early hearing application [on account of being senior citizen having sickness and disability] by single bench/ High Court, I approached the Division Bench by way of LPA.
Cogent reasons for early hearing, as submitted in the application, are briefly reproduced below for reference:
------
1. (a) The RESPONDENT-APPLICANT IS A SENIOR CITIZEN [weaker group 62 years of age as at 26 May 2014]. Cases of senior citizens are privileged to early hearing as per the Apex Court directions and also various High Courts including this Hon’ble Court, especially Bombay High Court which reduced the age for entitlement from 65 years to 60 years on 3rd December 2013 in terms: “The Chief Justice and Judges have now directed that precedence be given by courts for hearing and final disposal of the cases wherein one of the parties has attained the age of sixty years and above.
(b) TERMINATION WAS MORE THAN 11 YEARS AGO ON 17.07.2002: AWARD BY LABOUR COURT WAS ON 01.08.2006 and it was challenged by the Petitioner non-applicant by way of a writ petition in garb of appeal in disguise as substantiated in CM No. 10378/12 [on record] and is pending.
2. Respondent-applicant is suffering from sickness and disablement:
(i) Respondent-applicant workman is hard-of-hearing aggravated due to discrimination by the Management as he was not provided with equipments/ uniforms to withstand the severe cold at the place where he was posted situated at 4000ft. altitude near Kullu, Himchal.
(ii) The respondent-appellant workman has breathing problem which was aggravated due to discrimination from other employees at remote place as he was not provided said equipments by petitioner non-applicant, to withstand severe cold at remote place situated at 4000ft. altitude despite several requests [craves leave to produce proof/communications as and when produced] and had to take treatment from a prominent hospital which prescribed costly medicine and inhaler for survival.
(iii) Moreover, the victim was given a forced retirement by the Petitioner non-applicant w.e.f. 26.05.2012 allegedly for attainment of 60 years by discriminating him from contemporaries/colleagues [ref: list attached page -------- of LPA Annx “A2”].
(iv) Respondent-applicant has no livelihood as he was not given bonafide retirement benefits although the statute [Sec-60(1)(g) CPC] precludes authorities from attaching retirement benefits and is beyond attachment by any court of law and finds it difficult to get medical treatment.
(v) Violation of Para 72(5) of EPF Act: To tide over the situation, Respondent-applicant submitted necessary forms to Petitioner non-applicant for withdrawal of p.f. accumulations on 25.11.2003 by Speed post vide No. ED324506157IN. As per Para 72(5) of the EPF Act, an employer is duty bound to forward duly filled in and attested claim application to the respective PF Office within “5 days of its receipt” and is craving to get medical treatment. Further it is reiterated that retirement benefits cannot be attached by any court of law under Sec.60(1)(g) CPC and relying on various Apex Court rulings. The Management violated provisions of EPF Act which was not complied till 17.01.2014 and thus attracted punishment as per law.””””
The D/B gave the liberty to approach Single Bench with the prayer. Accordingly approached Single Bench who rejected the application for early hearing application taking the version of respondent as gospel truth and without giving me opportunity to be heard.
IN THE CIRCUMSTANCES, WHETHER SLP IN APEX COURT HAS TO BE FILED AGAINST THE ORDER
OR
IS IT OPEN TO APPROACH DIV. BENCH AGAIN WITH THE SAME REQUEST?
THANK YOU .
Vinod Patidar
14 February 2014 at 18:43
A direct recruitment exam was conducted by Rajasthan Public Sevice Commision(RPSC)for the post of Headmaster,Govt.Secondary School (A post in Rajasthan Education Service) and RPSC provisinally recommmended 1710 candidates to the department for posting in a single list.Department ordered posting of approx 1520 candidates on 13/9/2013 and those are succeed to join before January 1st,and thus eligible to get annual increment on July 1st,next year.Rest candidates not get posting orders till 10/1/2014 due to election code of conduct and other adminstrative reasons.Due to this deprived from Annual increment on 1st of july that year due to service less than six month on July 1st.Many candidates who joined after January due to delayed orders are bearing high rank in selection merit from many candidates who joined on or before January 1st.
As par rules governing Seniority, Seniority is based on Selection Merit.
Now, due to this many candidates who joined on or before 1st January and junior to many candidates who joined after 1st january,are getting more basic pay than those who are seniors,due to their high rank in merit.
Can this candidtes can claim notional benefit eqaul to those who are joined before 2nd January.
Please give reference of any court decision on similar matter.
abdul salam
14 February 2014 at 18:42
Dear Legal Experts,
One of my friend who is a land lady and propertied women had got destitute widow certificate from taluk office by giving false declaration as bpl through her brother who was a village administrative officer. The thasildhar also had colluded with them knowingly and issued the certificate .On the basis of the destitute widow certificate she got an employment in a school overlooking the real destitute person .She has constructed 2 houses one of which is by encroaching her in-laws land instead of constructing it in her own land which is just opposite to in-laws land .Now she is demanding her share in the mother in-laws land .Her in-laws side are refusing to give her a share quating the Islamic law of inheritance where the pre-deceased son has no right to claim. ( Her husband death-2000, her father-in laws death in 1965 and mother in laws death in 2002)Further, they are suspecting the death of her husband all of sudden after a big quarrel between husband and wife.
After 13 years, the affected real destitute women has given complaint to the higher authorities ,to take the disciplinary action against her for giving a false certificate and to prosecute her as per law. Who is responsible for her proplems? 1)her self 2) her brother 3) the thasildhar. what is the law says. How to help her to comeout successfully from this problem. What will be the maximum and minimum punishment and how to avoid that punishment. The thasildhar and her brother (vao) are drawing pension. Will they be included in the case Her claim for in-laws land share is maintainable in the court of law .what she has to do now .Please give your expert comments/advise to help the widow to solve her all proplems.
Thanking you,
SAPNA
Raghu
13 February 2014 at 21:26
Hi,
My wife has been selected as a Civil Asst Surgeon and just delivered a baby before the orders are issued with Govt of AP. We heard that she is not eligible for the maternity leave as the baby was born before the appointment order was given. She is facing lot of problem as she has to travel with one week baby and she also had casaerian due to which she is facing lot of stress. Please help us to avail this maternity benefit.
Thank you,
SARAVANAN.R
13 February 2014 at 20:57
Respected Sir,
On reading through the article of our experts, I came to know about Grievance Settlement mechanism as envisaged under ID Amendment act, 2010. Now whether any organisations or companies employing more than 20 people in India have set up a grievance settlement mechanism. Has the FICCI or the CII or chamber of commerce supported this welfare move envisaged under ID Act.
Saravanan Radhakrishnan
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Appointment letter
What if an employee has not accepted terms and conditions of an appointment letter and the detailed appointment letter was issued after the employee's joining? Can company force employee to sign/accept the same. If not, what sort of rights employee would have regarding probation, notice period, termination etc.