Amaresh Patel
05 November 2013 at 17:44
Dear Sir,
I am a central government employee working in the department of Posts, India.
I was made over the suspension order after working hours on 31.01.13 by my disciplinary authority which is not the appointing authority of my present post with the subject :-
A disciplinary proceeding against -- - is contemplated and kept under suspension with immediate effect vide sub rule- (1) of Rule 10 of CCS(CCA) Rules, 1965.
For kind information no prior explanation was called for.
Again on 22.02.13 I was revoked vide sub-rule(5) of Rule 10 of the CCS(CCA) Rules 1965 and I resumed the duty at the afternoon on 22.02.13.
After 271 days I received the chargesheet on the charge that I failed to maintain devotion to duty and acted in a manner which is unbecoming of a Govt Servant as required under Rule- 3(1)(ii) and 3(1)(iii) of CCS(Conduct) Rules-1964.
The fact was like this :-
That I am acting as Supervisor of an office and I could not relieve a subordinate though he had been granted Earned Leave by my disciplinary authority, received through email and that was due to pressure of work and I replied through email like " It is for kind information that as one of the 3 assistants has been on training and only 2 assistants are working the said Sri XXX cannot be relieved on office arrangement".
Now my disc. authority has chargesheeted me and directed me in that memo. to submit within 10 days a written statement of his defence and also to state whether I desire to be heard in person.
So can U kindly help me what statement I have to submit and what is the severity of the case.
With regards
Bhalnish Desai
05 November 2013 at 17:04
While calculating available surplus we deduct 6% of Opening reserves.
Should we consider Share premium account in Reserves A/c for such deduction.
Please guide.
KISHORE KUMAR
05 November 2013 at 10:40
Dear Experts,
I got relived from my previous co. in 2011 Jul (A pvt ltd software co based in Cochin) after a service of 4 years. Soon after leaving the co, I had put up my PF withdrawal form thru the company and the application was rejected by PF authority saying that employer has not remitted the PF. I contacted the co, and they said, there was some interest to be paid and they have now made the payment. They again put up the application and it got rejected again Later on I contacted my previous employer and they asked me to wait for some more months as there is actually some payment defaulted by co. I waited for few more months again they said the payments have been completely made but there is some mismatch in the Returns so PF dept is not ready to accept the applications. At last they said everything has been sorted out and i will get my payment by 31 Oct 2013 maximum. But I havent got the payment so far and I tried to contact the co. several times within the last two weeks but they are not attending the calls. I have been struggling for this payment since two yrs. What can I do further? Can I file a case against them for grievance? If so under which law? experts could u please advice.
DKTAZILANOM9909
05 November 2013 at 08:52
Dear Sir,
We are working In a PSU in Executive cadre and guided by CDA (Conduct, Discipline & Appeals) Rules as applicable to that PSU. Recently one of my friends is charge sheeted, suspended and enquiry was instituted as well for some alleged misconduct as levelled against him by our Management. But surprisingly one of friend’s colleagues who were also doing same jobs with my friend was spared. No charge sheet, suspension and Enquiry were instituted against him. My question is does Management do this by giving charge sheet and suspension order leaving other spared? How this case can be dealt with by my friend?
regards,
TAPAN DAS
Sarmistha Bhide
04 November 2013 at 12:42
I am working as a permanent employee (software engineer) in a Pvt Ltd organisation in Bangalore.
1. How many days of fully paid maternity leave can I avail as per the Indian laws for private organisation?
2. How many unpaid leaves can I avail at the end of paid leaves post delivery?
Thanks
Sarmistha
Ashiwn Vijayaraghavan
01 November 2013 at 15:42
Dear Team,
I Am Ashwin and am working in India Property Online Pvt Ltd .
I have submitted my resignation letter on 16th Oct and the same has been approved by my reporting boss and the vertical head as well.
According to the company police they asked me to serve notice period of 60 days and for which i said will serve 45 days and rest 15 days will pay to the company.
Now all of sudden they have blocked my salary which i am suppose to get on 31st of Oct... When is asked HR they came back with the reason saying any employee who has resigned will not be paid and the same will be paid 45 days post completion of my 60 days notice . But when i referred my offer or appointment letter nothing as mentioned as such .
So request you to suggest me or provide solution for this please !!!!!
Vemula
31 October 2013 at 21:51
When a company terminates an employee without any notice, so I heard that the company should pay him 2-3 months salary, is that true?
Amit Dhamane
31 October 2013 at 19:08
Dear Experts,
I wanted a quick opinion on the situation where my employer contract during Probation says they can terminate my services in one month. But then if I resign during probation I need to give 2 months notice. Is this fair, can a employer have such clause? I am ready to serve one months notice, but they are forcing me to serve 2 months notice.
Please advice and thanks for your help.
I am adding more details
Below are 2 different sections covered in the contract.
JOb Title and Date of Engagement
If you are a new hire to the company, you are considered to be on probation for a period of six(6) months("Probation Period") from your intial date of hire. During the first month of the probation period, if your performance is not found satisfactory, your employment may be terminated by Company with seven(7) days notice or payment in lieu thereof. From the second month of the probation period your appointment may be terminated by way of written notice of one(1) month or pay in lieu thereof
No Notice is required in cases of serious or gross misconduct. The probation period may be extended by company in its sole and absolute discretion.
Notice of Termination
The period of written notice required from either of you or company to terminate your employment is as follows: 2 months for managers ( I am a manager)
Company shall be entitled to terminate this agreement without prior notice (but without prejudice to right and remedies of company for any breach of this agreement and to your continuing obligations here under) in the event of any serious misconduct or cause. On either company or you serving notice for any reason to terminate your employment or at any time thereafter during the currency of such notice company may pay you your basic salary and any other contractual benefits payable under this contract in lieu of the unexpired period of notice and/or may require you to take paid leave for all or part of the remaining period of your employment.
I am still in probation period, so my understanding was i need to give only one months notice. But HR came and said I need to give 2 months notice. Also there is no explicit mention if I could pay in lieu of notice period. Does this mean i cannot pay and have to serve the full notice period.
Thank you once again for your help
Regards
Amit
Amit Dhamane
31 October 2013 at 18:34
Dear Experts,
I wanted a quick opinion on the situation where my employer contract during Probation says they can terminate my services in one month. But then if I resign during probation I need to give 2 months notice. Is this fair, can a employer have such clause? I am ready to serve one months notice, but they are forcing me to serve 2 months notice.
Please advice and thanks for your help.
Regards
Amit
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Regularisation of temp.workmen
Sir, in CA 953-968 of 2005,Supreme Court ordered LIC to regularise the workmen who have completed 5 years. Some Temporary workmen were paid wages in Dummy names every month and the same has been enquired by Deputy Chief Labour Commissioner(Central) and Central Bureau of Investigation. The High Court of AP is saying that they cannot order to continue the services of the Temporary Workmen due to Supreme Court Order in CA 953-968 of 2005. By mistake our Hyd Advocate has submitted Second SLP by forgetting the previous SLP submitted by the another Advocate which was withdrawn because at that time we do not have any proof. Sir, kindly suggest us whether the Union can submit Writ Petition or PIL for rendering justice. Please suggest me a good expert Advocate dealing with Labour Laws.