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PARDEEP KUMAR   30 October 2013 at 21:56

Initiation of disciplinary proceeding by appellate authority

Respected Members,

Am in need of some authority on the point 'Initiation of Disciplinary Proceeding, issuance of charge sheet by authority higher than the Disciplinary Authority viz. Appellate authority, vitiates entire proceedings'

Matter is concerned with CCS (CCA) Rules, 1965, though rule position shown to the P.O. still the Tribunal is insisting for authority.

vijay   30 October 2013 at 12:35

Esi or epf registration

Sir,
We have four employees working with us. We are a service based industry and proprietorship firm and have less than 10 lacs turnvoer. Is it necessary to take EPF or esi registration number.

I have to apply one Govt tender where they have asked about that EPF/ESI registration. Kindly suggest what should we do.

Regards

lohithakshan u k   29 October 2013 at 10:48

Kerala shops and establishment act

Please let me know the establishment registered under companies act and having factory licence comes under the purview of Kerala shops and establishment act.In depth if a branch office without having factory attached to, is comes under this act.

girish   29 October 2013 at 09:43

Retention money

Can an employer put the retention of salary clause in Appointment letter, if yes what should be the appropriate draft of such letter. Employer want to retain 10% of the Gross salary for the period for 1 year which would be return to employee after completion of 2 year term. Pls advise whether this would be a legal or illegal

sachin agarwal   28 October 2013 at 22:06

Provident fund

whether the EPFAT has power to decide the review petition of its own order
if yes how can we get the relief from the court
and
where the Tribunal has power for the same

please give me the detail of the provisions if any and the apex decisions if any

Ranjeet Singh chauhan   28 October 2013 at 21:14

Haryana: notice period

Hi Law intellectuals,

I am really previledge to address this concern with MY LAW FAMILY.

one of my friend was working with one company based in gurgaon. He was earning Rs. 20000/-. Recently he switched to other company and his resigantion was confirmed by his previos employer. As my friend did not wish to serve the notice period so he decided to pay the arrears to the previous company.

He was under an impression on below given counts.

1. Company would ask him for 1 month notice period.
2. Company would ask him to pay basic of his salary, if he wish to buy the notice period.

To his surprise company asked him to pay 2 months gross salary which is Rs. 40000/-

Now, he is in great pain and want assistance on following given queries.

1. Does the notice period of 2 months is what employee has to service as per HARYANA LAW.
2. Does employee has to pay the gross salary and not the basic of his monthy salary.

Request you all to please assist in the above query with reference to relevent provision of Laws prevailing in State of Haryana.

Thanks & Regards,
Vishal Nagar
9213284009

V.N.K. MENON   28 October 2013 at 14:13

Interim relief u/s 17-b of i.d. act - lpa

BRIEFLY: An employer challenged the Award of Labour Court by way of WPC say in 2006. W/man filed 17-B (ID Act) application for interim relief. S/Bench rejected his claim.

LPA was filed. Div. Bench passed interim relief by way of consented order in January 2009 and employer agreed to reinstate the w/man.

The interim order does not contain any whisper about retirement and also in the absence of a clause of retirement in the service rules/appointment letter and also accordingly to practice with respect to other employees of same categories (working/ worked beyond 60 years), and without seeking permission from the authorities for effecting retirement – the w/man was given retirement by said employer at 60 years.

The WPC is on board single bench and has not reached finality.

The w/man again requested for interim relief u/s 17-B during the pendency of WPC as per the will of legislature. Not only the relief was rejected but also the matter was put for hearing when its turn comes.

In the circumstances, w/workman filed a Petition for early expeditious hearing on ground: (1) being senior citizen of > 61 years (weaker group as defined by the court) (2) for having rejected interim relief as stated above and also for the fact that w/man has no livelihood and depending upon others for survival.

Unfortunately, the matter came up before the same judge ( as stated in para-5 above) who had rejected the 17-B application as stated in para-2 above. In the context w/man wants to file LPA. (Hope I am able to deliver the good in the narration).

QUERY: (1) WHAT ARE THE ANNEXURES REQUIRED TO BE FILED WITH THE LPA? MEANING WPC BEING MASSIVE WHETHER COPY OF W/P IS ESSENTIAL, AND ALSO WHETHER COPY OF COUNTER FILED ARE TO BE GIVEN TAKING INTO ACCOUNT THE FACT THAT THE MATTER IS FOR EXPEDITIOUS EARLY HEARING.
(2) WHETHER DATES & EVENTS/SYNOPIS IS necessarily TO BE ANNEXED?
(3) ANY OTHER MATTER TO BE TAKEN CARE OF IN THE COLLECTIVE WISDOM OF EXPERTS/ COLLEAGUES.

Thanks & regards.

Sunitha   28 October 2013 at 11:32

Bonus & tax

1. I have just moved here from the Middle East. would like to know how is bonus calculated.
2. Is it calculated by deducting salary?
3. what are the taxable slabs for income?
4. PF - how do u access the PF funds once u leave the company.

Anonymous   27 October 2013 at 21:30

24 pf deduction

Dear sir.
Pls help to understd as why some co deducts 24% from employee's salary

Shweta Nandini   27 October 2013 at 18:59

Law against misrepresenting academic credentials online?

While looking for new interns on the internet for our company, we came across some people putting up fake credentials on their profiles in websites like linkedin and facebook. They put up names of colleges they never studied in and degrees that they never earned. While their resume that they personally submitted to us turned out to be a bit different.

Although we on our level can handle such misrepresentations and we can select individuals based on their actual resumes. But these fake online credentials can pose a serious risk of fraud in matters like matrimony etc.

My question is: Is there any law in India against putting up fake credentials online? Can the institute or college, whose name has been fraudulently used by the person in their online profile, take any action against that person to have their college name removed from their profiles?

Thanks in advance.