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

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Nitesh kumar jain   10 January 2014 at 23:02

Employee state insurance act

please tell me if an establishment/factory can be registered voluntarily in employee's state insurance act, 1948??

Dr G V Rao   10 January 2014 at 13:10

Is speedy trial in service matters not applicable

Sirs, years pass by waiting in High Courts or Supreme Courts for innocent Govt employees who have been removed or dismissed from services due to malafides or other unjustifiable reasons. Is their no relief under law for seeking a speedy trial of their respective service matters. Are they no SC rulings on this subject as they are there for speedy trials in Criminal cases.

D V S S RANGA RAJU   09 January 2014 at 21:11

Gratuity eligibility

I have worked as 'consultant' for 18 months and in continuation as 'Manager' in a Private Ltd. Company for 44 months. Please clarify whether the service rendered during the period as 'consultant' will be considered for payment of Gratuity ?

Amit Oza   09 January 2014 at 09:19

Private sector.

i want to know the following things.

can a priavate company can terminate an employee with immidate basis or need to give notice and if notice is given what is the minimum period.

can an eployee can take leave encashment

V.N.K. MENON   08 January 2014 at 23:31

Early hearing application

dear learned experts,

I had submitted an application for early hearing to single bench earlier which was dismissed. Against this I filed the present LPA. LPA was disposed off with an advice to approach the Single Bench.

Opinion of ld. experts/ lawyers is requested as to under what law / route should I "approach the learned Single Judge with a prayer for early hearing" as stated in the order.

To facilitate transparency in the matter I am quoting below the order:

QUOTE
------


CORAM:

HON'BLE MS. JUSTICE GITA MITTAL

HON'BLE MS. JUSTICE DEEPA SHARMA
O R D E R

13.12.2013

CAV 1058/2013

The respondents are represented on an advance notice. The caveat petition of Resoindent is discharged.

LPA 897/2013 and CM Nos.18778-79/2013

The petitioner is aggrieved by the order dated 25th October, 2013 whereby his prayer for early hearing made by CM No.14438/2013 in WP(C)No.17471/2006 has been rejected.

In our view, this appeal is misconceived.
LPA 897/2013 Page 1 of 2

The appellant makes a grievance that he is aged about 61 years of age and is gravely suffering on account of pendency of the writ petition. It is submitted that the matter was initiated under the Industrial Disputes Act in the year 2006.

It shall be open to the petitioner to approach the learned Single Judge with a prayer for early hearing and for the learned Single Judge to pass appropriate orders as are deemed fit and appropriate in the facts and circumstances of this case.

The appeal and applications are disposed of in the above terms.

GITA MITTAL, J

DEEPA SHARMA, J

DECEMBER 13, 2013



UNQUOTE
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s

Falguni S Swadia   08 January 2014 at 13:58

Harrassment by senior

Dear Sir,

I am a married woman and I have joined a semi government organisation. I am on probation. My boss has some ego issues and always tries to create an impression that i am not sincere towards my work. He makes false allegations without any supportings and sends e-mails to GM level for the same. Even he questiones genuinness of my medical leaves even after submission of medical reports by me...I want to know if i can do something to stop him doing so with the help of any provisions of any Act without affecting my confirmation which is solely in his hand.

Neeta Nair   08 January 2014 at 12:56

Other membership

Can an employee join politics while in employment with private firm

P.S.Muthukumar   07 January 2014 at 21:36

reopen cum production of documents u /s 30 of cpc

I have filed a petition for production of documents cum reopen petition to call for re cross examination of a witness before the controlling authority under the payment of gratuity act 1972. The issue is respodent filed a counter that two prayers cannot be admitted in one IA petition. Is there any valid ground to detent? I request experts advice in this regard. Thanks Muthukumar

Pawan   07 January 2014 at 10:33

Under suspension for more than 6

Hi Team,

My father is working in prison department in Karnataka. He was suspended on 26/June/2013 on charges made by one of his peer on 10th may 2013 that he has asked for Rs 6000 to pass one of the medical bill(Arogya Bhagya) of 2011 which was for Intra Laser treatment which is not covered in Arogya Bhagya. Later the higher authority passed a order on 9th May 2013 to recover the Money from the salary of the employee after which the employee made the above allegation.

Based on this allegation without any proof and without any enquiry my father was suspended and is under suspension till date. And it has been more than 6 months he has not called for single enquiry or given any charge sheet. Also he is paid half of his salary.

As of now my father has applied a case in KAIT court and the court has asked for reply from the department. Please let me know what other steps my dad can take in order to come out of suspension because of false allegation as quick as possible. Also will the subsistence allowance will be increased if the case is not disposed quickly?

Thanks
Pawan

Indresh Mishra   06 January 2014 at 16:10

Pf & full & final settlement

I have left one pvt ltd company in Gurgaon in feb'2010 and since then my F&F is not yet done by them. Surprisingly they have sent me a undue legal notice stating standard breach of confidentially agreement which is completely baseless, and asked to send an unconditional apology letter. This all has happened due to the reason that the MD & Owner of the company did not want me to leave, and offered me great perks also to stay back, but I was not aspired to work there further. There is huge money left with them as I served my notice period and my perf bonus was also due. Now after sending a standard reply to legal notice and many reminders too, they are not releasing my F&F. Pls advise.