Vijay Dattatraya
26 December 2013 at 19:53
Hi,
I have sent my PF Forms to the previous employer but employer does not have any intentions for submitting it at PF Office.Employer is not responding after several reminders?Please suggest?
Rgds
Vijay
Jaswinder Singh
26 December 2013 at 19:45
My Wife working in water supply department on contractual basis. she is a field worker. other 4 field workers are male. all field staff visit in field in official bolero. my wife daily harassed by male field staff, some time they abused her, some time they ignore to go in field with her. some lime they leave her in office to create some problems. they make pressure on her to give signatures on fake bills, they demand money 2000 or 3000 for official expenses. now on dated 5/12/2013 may wife present in office. all staff were on leave. on dated 6/12/2013 SDO cut the attendance and cross on it.in the evening my wife gives a written complaint to Xen with scan copy of attendance. but no step take by xen against them peoples. xen refused my complaints without listen my problem and give me warning for termination. plz help me what I can do
R.MALLIKARJUN
26 December 2013 at 18:19
Sir, Please answer my doubt, sir is a contract labour is eligible for gratuity after completing 5 years of continues service, If contractor and principal employer made an agreement of not paying gratuity then is it ok as per labour act in andhrapradesh or is it compulsory to pay gratuity ?
thanks in advance
saju s s
26 December 2013 at 16:17
all public sector companies( except NTPC) and other central/state govt companies/depts are insisting on producing NO OBJECTION CERTIFICATE (noc) from candidates who work in one of these organisations & wish to join other govt organisation. Some companies have formulated their own rules eg. they will issue NOC only after 3/5 years of service.but even after this period , they say it is at the discretion of the mgmt and deny NOC to eligible candidates.
I am a victim of such policy. I have lost better opportunities because of this policy because my company denied me NOC.( They r not ready even to accept the application).
i have come across hundreds of such candidates( engineers/non engineers) who have lost excellent opportunities because of this NOC rule which would have drastically improved their career and personal lives. Instead, they are stuck with a boring/not promising job. it is notable that private sector is not that stringent in case of NOC but INDIA GOVT Companies are hell bent on rules which are ultimately leading to employee dissatisfaction and less productivity.
my question is
1) why govt of india should put a hurdle on the career growth and freedom of an employee to choose his career and job?
2) working in govt company is equivalent to bonded labour? once you join govt company u r locked up?
3) whether govt is promoting people to join private sector than to govt sector?
i would like to challenge this court...i want the system of NOC should be abolished....an individual should be free to change his career and job of his choice while working itself....i need some guidance on this issue...
Navin Pandya
26 December 2013 at 10:36
Namaste.
Kindly clarify and advise:
1) Even though Labour Court has powers to try criminal offence, the Court denied to use it against the Respondent for misrepresentation despite demand by the Complainant, which led to miscarriage of justice to the Complainant.
2) The Labour Court did not combine/include other provisions/sections in the ongoing application after the further issues developed after the main application.Despite the Complainant's matter in the Court, the Respondent dismissed the complainant, without Notice & Notice Pay in the most unjust manner without the Court's permission but the Court didn't question the Respondent for such illegal act but rejected the Complainant's application to add another concerned provisions of the IDA and provide relief to the complainant.
3) The Labour Court didn't direct the Respondent to produce the Resolution of the Board of Directors, pleadings signed according to the order No. XXIX of the Civil procedure Code and the Power of Attorney in favour of a person signing the Respondent's pleadings.
Under the circumstances, is the judgement of the Labour Court valid?
Best regards,
Navin Pandya
sambasivakamasani
26 December 2013 at 05:57
Principal Employer recommended and obtained license by Principal Contractor. Principal Contractor engaged 8 or 9 sub contractors. Sub contractors are not covered in the license obtained license by Principal Contractor. Now it is more than 5 years sub contractors are supplying labour fore more than 20 labour. What action we can demand against PE, PC and Sub Contractor. What protection and rights we can raise on behalf of the sub contract workers. Pl. mail sambasivakamasani@gmail.com
KRISHNA KANT MISHRA
26 December 2013 at 00:23
First of all let me thank to the all esteemed members of this elite club for giving such prompt responses. Yes, i was a bit confused. The Departmental exam for ITO is a merely qualifying examination. I qualified the same w.e.f.18.12.2013. So far no DPC for promotion to the Grade of ITO held for R.Y. 2013-14 for which eligibility date was 01.01.2013 as per DOPT model calender. The DPC could not be conducted so far because the seniority of the Inspectors has to be revised in pursuance to decision of SC in the case of Union of India Vs. N.R. Parmar.My question is that since the old seniority list has become null and void and so as the panel drawn previously for R.Y. 2013-14 DPC. Hence, will I b considered for the DPC to be conducted for R.Y.2013-14 in coming period where I become one of the senior most Inspector due to revision of seniority in the cadre of Inspectors.
Regards -K.K. Mishra
KRISHNA KANT MISHRA
25 December 2013 at 13:35
Respected Sir/Madam,
The undersigned is presently working as Inspector of Income Tax and joined the said post as a direct recruit on 10.12.2008. I have cleared the Departmental exam vide result declared on 18.12.2013.The date of declaration of result is 18.12.2013 for all purposes as per the circular of the Department. Due to the judgement of Hon'ble SC in the case of N.R. Parmar Vs. Union of India., the seniority list of inspectors are being revised and as a consequence of that i am gaining the seniority but because some my batch mates who are also gaining seniority but who cleared the Departmental Exam before me are being considered for promotion to the post of ITO and i am not being considered though no DPC has held so far for R.Y. 2013-14 and the new seniority list is yet to be made in pursuance to Apex court's decision.Expecting a response from this esteemed club of Ld. Lawyers.
Regards
Ragvendra Singh
25 December 2013 at 12:16
u/s 35 - a (1) of bombay shops and establishment act, an employee of a establishment is entitled to 5 days of leave for every 60 days of completed service. however although i work in a establishment which comes under bombay shops and establishment act, my employer does not give me even a single leave for first six months of probation period as per the hiring docs. Is the employer entitled to make such a rule given the fact that the establishment comes under above mentioned act???? The act is silent on probation period.
u/s 66 of above act, any employee who has completed more than 3 months but less than 8 months has to be given 14 days advanced notice if the employer wants to terminate him. however as per the hiring docs, it is written that employer shall give only 1 day advance notice and not assign any reason to terminate any employee in probationary period. Is the employer entitled to make such a rule??
If the employer is notified about the aforesaid act and the employer refuses to act accordingly and goes as per the hiring docs, what remedies are avaliable to the employees???
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Pension rules
Sir,
"A" married with a lady "B", whose husband was alive. "A" entered "B"'s name in his service record also.
Later due to bad character of "B", "A" left "B". "B" filed 125 against "A". Court refused to grant maintenance as her husband was alive while marriage with "A".
Now "A" Married with "C".
But "C"'s name is not in service record. after the death of "A". Asam Rifles is paying family pension to "B".
"C" applied for pension refering the judgment of court, but Asam Rifles is refusing to pay to "C" as her name is not enrolled in record.
Please refer concern rules I have filed declaratory suit on behalf of "C" for declaring her legal wife of "A" Asam Rifles is a party which is stick on it's version.