V.N.K. MENON
02 December 2013 at 16:54
I do know if matter 'resolved' goes out of string and hence repeating the same for ready reference, pl., before getting time-barred.
COPY - quote
------------
A revision petition was filed before Addl. Sessions Judge against the order of ACMM dismissing complaint for breach of trust interalia u/s 405, 420 IPC .
Title of a Revision Petition is:
A --- Appellant
Vs.
Respondent-1 ----- I.O.
Respondent-2------“ P “ company
Respondent-3 ---- “Q” Chairman of R-2
Respondent-4 --- Regional P.F. Commissioner
Respondent -5 --- Central P.F.Commissioner
Earlier, ASJ had issued Notice to P & Q [i.e. R-2 & 3]. Arguments took place. “A” submitted written arguments keeping in mind the tainted course and conduct of R-2 & 3 including graft cases and several other cases against the employer R-2 & 3. Whereas Answering respondent filed written arguments only the very day of oral arguments made by both the parties. While giving verdict the ASJ has not taken crucial factors/points into consideration against R-2 & R-3 in a similar way ACMM had done for the reasons best known to him only.
I wish to apply for leave to file appeal u/s 378(4) in High Court.
QUERY- A:
(A) In such a situation is there any liberty, in the proposed application for leave,
If memo of parties can be rearranged as
---------------------------------------
1) R-2 as R-1 and so on
2) R-3
3) R-1
4) R-4
5) R-5
QUERY-B:
A P.F. Account No. consists of three parts: Area code/co. code/employee- specific no.
When complaint was lodged after 8 years with the Cent. P.F. Commissioner for prosecution and recovery of damages, the employer had made following deposits vide two challans THE SAME DAY :
(i) contributions in employee account No. X/1636/318
(ii) penalties and charges in A/c No. X/1636 only, without employee code IN PRETENCE OF COMPLIANCE OF LAW.
The question is: Isn’t it a fraud as the
------------------------------------- employee is the sufferer ?
-------------------------
SHALL BE THANKFUL FOR CONSIDERED OPINION /COLLECTIVE-WISDOM OF EXPERTS, PLEASE.
Expert : Devajyoti Barman
PRO CHAT CALL
Posted 2 days ago
Who are you, party of advocate?
Author : V.N.K. MENON
PRO CHAT CALL
Posted 2 days ago
studied law, but did not practice for some reasons. now i am party, senior citizen, do not wish to practice in the evening of life - but circumstances and internal politics in employer organization, necessitated to go to court. As such i very much collective wisdom/guidance. delinquent should suffer punishment not to avenge injury caused but others may not suffer in future.
thanks & regards.
Author : V.N.K. MENON
PRO CHAT CALL
Posted a day ago
CAN I SOLICIT LD. OPINION/ GUIDANCE OF EXPERTS, PLEASE, AS IT SEEMS ESCAPED THE ATTENTION OF L.C. EXPERTS.
TKS & RGDS.
Author : V.N.K. MENON
PRO CHAT CALL
Posted a day ago
One more query is:
-------------------
Whether in an application seeking leave to file appeal, is it necessary to have Notice of Motion in it?
Once again tks & rgds
jibin
02 December 2013 at 16:52
sir iam working as a staff nurse in all india institute of medical sciences ,i have given 1 month resignation to join another central govt institution throwithugh proper channel and with noc, my quiry is can i take medical/casual /or earned leave after giving 1 month resignation please give me an answer
Vasudevan
02 December 2013 at 16:52
I had been promoted on 13.10.1997 as Accounts Officer. As per 6th Pay Commission Recommendations I am entiled for m.a.c.p. with effect from 13.10.2007 (However, the financial benefits shall accrue only from 1.9.2008 only as per the Pay Commission recommendation). I had been charged sheeted in a criminal case in 2010 (FIR registered in July 2008). The m.a.c.p. is being refused because of the pendancy of the criminal case. Whether, the accrued benefit can be refused for the events happended after the date of eligibility/entitlement? Please oblige.
mona
02 December 2013 at 13:55
Hi,
I need to know the consequences of breaching the service agreement. I'm a fresher and I signed a bond with my company for 18 months and if I dont work for the stipulated time period I have to pay them 1 lakh rupees,now I have completed 3 months in the company but I want to quit this job. What if I leave this job now? will the company sue me in the future if I dont pay the said money??
Pankaj kumar
30 November 2013 at 17:14
Hello Lawyers club experts,
I was working in a software company from 3 years with 100+ employee in Noida. The company is registered in Delhi.
I had given proper resignation through email to my reporting manager cc hr department without specifying my last date of working. They have accepted my resignation and had given the last working date which is 2 calendar months (as mentioned in appointment letter and is not buyable) from the resignation date. I requested my reporting manage to reduce my notice period to 45 days instead of 60 days through chat as well as verbally and was also ready to pay the balance notice period. But he was not ready to reduce my notice period. Then I mailed to HR, senior manager and even to CEO for discussing the same but no one helped me and not reduced the notice period. I also told them verbally that I have to join another company in 45 days and I can't decline this offer due to family liabilities.
After 45 days I stopped going to the company and joined the another one shooting a mail to hr and reporting manager of my previous company that I am quitting the job from today and will be unable to come to office. I also submitted the company's I card to HR Department.
After that I got a mail from HR from the previous company that they will treat me as absconding and will take appropriate action against me if I do not complete my remaining notice period.
I again replied the HR with my inability to complete the notice period and even told them that I am ready to support my team on phone as well going to office whenever required. Although I had no remaining work as such in my hand. I had also given KT to one of my colleague.
After that I have not got a single response from their side and even they are not picking the phone.
Now it is going to be more than one month still, I have not got my relieving letter as well as FnF settlement beside many attempts to contact HR.I also remind them the same through email.
The wordings of "SEPARATION" in my Appointment letter is as such.
"After confirmation, the employment with the company can be served by either party with a separation notice of minimum two calendar months. It will be management's prerogative to decide on the relieving date based on its business requirement, and decision of the management shall be final and binding on you. While on notice period, any leave availed shall not form part of the notice period served, accordingly the date of relieving shall be further extended by such number of days. Salary calculated on the balance number of days notice period shall become payable/recoverable. Any documents/materials belonging to the company must be returned to obtain final clearance."
Recently there were many employees that were released earlier then the notice period. Even One guy was also released before completing notice period who was working on the same project as I. But GOD knows what happened to me they do not released me early.
I have copies of all conversation on emails that were done during that time.
I request the lawyers club experts to kindly guide me in this regard.
Thanks in advance....
Vinay Pratap Singh
30 November 2013 at 16:54
I left my last mnc organization about 1 yr ago due to senior management's bad behavior related to biased performance evaluation, too much extra working hours, not following right leave policy towards me including my so many colleagues,I took stand and write a complain mail with resignation. I left organization just before completion of my 5 yrs of tenure, hence I lost my whole gratuity and bonus of that yr.
Now I keep on receiving mails from hr deptt for recovery of notice period, when its almost 1 yr passed and i moved on with another career in other city and forgot abt gratuity, however i withdraw all my PF.
What company can do maximum against me can they go legally, Or should I raised same issue and complain to each department as probably they are not aware about my reason of leaving the organization.
Ranjan
28 November 2013 at 16:30
Hello,
I had signed an agreement with my current employer on 18th Jan 2012.
The agreement stated that i will have to serve for a period of 2 years after probation (6months), which comes to 2.5 years of the agreement.
The bond amount is 2 lakhs which i need to pay to the company in case i leave the company before completing the bond period.
Kindly let me know what happens if i wish to leave the company 6 months before the bond period is over. Do i need to pay any amount ?
Also i need the relieving letter.
One more query is how important is the relieving letter to join the next company.
Awaiting your kind help.
Thanks,
Ranjan
DKTAZILANOM9909
28 November 2013 at 15:36
Dear Sir,
We are working in a PSU. Recently our
Management initiated a recruitment process
in different cadres. The salary grades in
the different cadres (where recruitment
would be) are different. But essential
qualification and year of experience
(though experience fields are different)
required to apply for different posts are
same i.e. with same qualification and same
year of experience recruitment are going
in different salary grade. Some of my
friends applied for the different posts in
different cadre and are selected in
different salary grades though their
qualification and year of experience are
same.
My question is whether our PSU Management
can recruit employees in different
salary grade with same qualification and
same year of experience? If yes/no then
what ground or logic?
regards,
Sandip
Radhikha
28 November 2013 at 10:00
]I worked in Sutherland global services I did not go to office due to some family problem starting from 19th Oct.I sent an e-mail to program HR stating all this, I informed that Im ready to pay one month of salary to compensate notice period but he replied me that they cannot give me any papers nothing can be done, one cannot simply pay money and get relieving letter , they wont even provide me any termination letter. Please help me with this,I need my relieving letter I told my TL and as well as HR saying that we moved out of city due to un-avoidable reason,so I will not be able to continue,the HR told me it is not possible to provide any reliving or termination letter, I went and spoke to recruitment HR she asked me to send an e-mail to settlement dept. I contact setlmnt dpt and there was a delay so I contacted via phone one of the lady who spoke to me asked me to pay 5599. I sent a DD through Registered post, then I came to know that I already received an e-mail letter from settlement dept that I will be getting a experience with the reason as termination. As it was considered as Job abandonment I will get proper relieving in the e-mail it will be mentioned as Termination. I need proper relievin letter pls suggest a solution
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Difficiency in service
Hi Experts ,
I have booked a cell phone of value 1100 form The mobile store online ,(Payment mode was Cash on delivery) but havent recieved delevery , and after one month i recieved a E mail from The mobile store ststing the order is cancelled . i also follow up with Customer care regarding the same but got only one answer"it will be delivered shortly."
After escalating this , they offers me componsation of 500 rs ,
Kindly advice me for above service difficeincy how much i can get as componsation .
Thanks,
ravindra.