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???
surjit singh
24 December 2013 at 18:38
The facts are, there are ARC for five year for consideration in the DPC. In consecutive term I am mentioning the ranking of the ACR, Ist year - Outstanding, 2nd year- Outstanding, 3rd year Good, 4th year- Good and 5th year -Outstanding. The DPC refuse me promotion on the ground that I got Good in those two years. The ranking Good in those two years was not communicated to me.
My query is whether the ranking 'good' after 'outstanding' amounts to adverse remark, which ought to have been communicated to me. Since the DPC did not considered my case for promotion, can I submit my representation citing this point of non communicating of adverse remark.
Mourougappane
24 December 2013 at 13:56
Dear Sir:
1. Jr. Assts. promoted as Assts. in 1989.
2. Typists promoted as Jr. Grade Stenographer in 1990.
3. For promotion of Sr. Asst/Office Manager, the RR is as follows: Assistants and Jr. Grade Stenographers are feeder cadres for promotion of Sr. Asst. Recruitment rule is: 50% from Assts. and 25% from Jr. Grade Stenographers and 25% from Direct Recruitment and the post is Selection Post.
4. Promotion was given for more than 10 staff members as Sr. Asst./Office Manager in 1997 from the Assts. and Jr. Grade Stenographers as per the above 50%:25% ratio.
5. DPC also recommended the above ratio only.
6. Based on the recommendations of the DPC, Tentative seniority was issued on 9.6.1999 as per the ratio and seniority has been fixed as per the ratio.
7. Objections raised by the Assts. and revised seniority has been issued on 29.11.2000 by moving of file only and approval of Executive Council and also informed further communications will not be entertained in this regard. Further, matter has not been placed before the Review DPC. Review DPC has only the power to revise the seniority.
8. Assts. (1989) has been placed first and Jr. Grade stenographers (1990) has been placed next to them – It is not as per the ratio.
9. Objections has not been raised by the Jr. Grade Stenographers and insisted the administration in person to change the seniority as per the ratio.
10. Then, promotion has been given to all the Sr. Assts./Office Managers in 2007 as Section Officer.
11. Tentative seniority has been issued to the Section Officers on 09.06.2010.
12. Objections raised by the Section Officers (Jr. Grade Steno-Sr. Assts.) on 19.06.2010.
13. administration issued a letter on 13.07.2010 and informed that the seniority in the cadre of Section Officer is based on the seniority in the feeder cadre of Office Manager/Sr. Asst.
14. Again objection raised by the Section Officers (Jr.Grade Steno-Sr. Assts) on 28.09.2010.
15. Matter has been placed before the Grievances Redressal Committee on 31.05.2011 and committee informed that there is no need to reopen the settled issue after 10 years and the same was intimated on 03.11.2011.
16. Again a representation has been sent to the administration on 09.12.2011 for reconsideration of seniority.
17. The file was moved. Former Finance Officer and Internal Audit Officers has strongly recommended to revise the seniority as per the ratio of 50:25.
18. Kindly clarify the rule position of interse seniority, please.
I am submitting the Govt. of India clarification is as follows:
How seniority of a promotee
officer is determined in cases
where more than one feeder
grade is prescribed for
promotion to the higher grade
and specific quotas are given?
Rule position:In such cases, the officer in each
grade assess a fit by the
Departmental Promotion
Committee shall be interpolated in
the ratio prescribed in each grade
in the Recruitment Rules for the
post, for the purpose of
determination of seniority(principle
of rota quota)
Sir/Madam: If you want any further details, please contact: P. Mourougappane, Pondicherry (9486521338)or drop the phone no and I will contact.
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Women mentally harassment at work place
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