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Rama mohan Acharya   19 September 2013 at 17:18

Secret ballot system

A registered Union submitted a charter of Demand on various points among which one of the point was äscertaing the majority of membership of various unions working in the establishment". The conciliation proceeding was conducted and failure report has been sent by the Conciliation Officer to the Appropriate Authority. While sending a copy of the report to the employer, the conciliation officer advised the management to conduct the secret ballot. Subsequently, he advised the management to call for meeting of all the union on the same issue and fixed a date in his office for discussion with all the unions.
My query is whether the conciliation officer has any right to advise the management on the same issue on which conciliation failed anf failure report has been sent to Govt.? Further, what will be repurcation on the management since both management and the recognised union apprehend adverse situation omn industrial peace, if the system is adopted. I understood, in FCI case, the secret ballot system was done as all the parties have consent to the same and the Apex Court has only provided the guideline for the procedure. In this case all parties are not agreed to. Kindly advise.

Bhagath   18 September 2013 at 16:16

Switching psu job without noc

Hello,

Greetings..!!.pls throw some light............

I was working in a PSU for the las 3 and half yrs. in supervisor cadre. Meanwhile I achieved a higher qualification and started applying to other PSUs for executive level post without NOC .
I got job in one PSU as Executive and joined there,but now I have better offer from another PSU. I have decided to accept the new offer and I will be relieved from the service (of 2nd psu executive job) with proper relieving letter,which i can submit to the new PSU (3rd psu).

I have NOT shown my previous experience anywhere.
I didnt hold two jobs simultaneously

Concerns:

1. If the new PSU(3rd) comes to know that I suppressed the information of being employed in another PSU while applying for the job, what will be the disciplinary action likely to be charged on me by new employer? Is it a serious misconduct that lead to termination from the employment? Sh

2 There is police verification & verification by IB. Whether they will check about my previous employment.?

thank you....pls reply...

Anil Savaratkar   18 September 2013 at 13:38

Leave policy

I am working as an Article assistant in chartered accountant firm. I have taken agroup leave by mailing our superior on 17-09-2013 time 10.55 PM, but our superioer has been mailes us leave is not approved entire mumbai is employing taoday. As per company's policy they will duduct double salary on this occation. ( we had mailed for Ganes Visarjan holiday) How can they do this ?? reply how can i answer them from my end. Can company dedect double salary s their policy ???

ad   18 September 2013 at 11:50

Reg. promotion related to sealed cover matter.

I was joined the PSU department on 18-07-2002 as Asst. Grade-I(HR).

My promotion for Asst. Grade-II(HR) was due on 01-04-2008. My written examination was taken and then I was called for interview and interview was taken in 2008 and took under sealed cover due to criminal case was pending against me.

I was called for interview in 2009, 2010, 2011, 2012 for the same post i.e. Asst. Grade- II (HR) and I was attended 2009 and 2011 interviews and all of them under sealed cover.

The procedure for the next promotion i.e. Asst. Grade-III (HR) is to take written examination first and if passed then call for interview.

Now my question is, in year July, 2013 what will be happened. For which post I have to be called. Whether I will call for written examination for the post of Asst. Grade-III(HR), or call for interview for the post of Asst. grade-II(HR) only.
If department call me for interview for the post Asst. Grade-II(HR), then it may be permanently loss for me ?

In above case if my case finalized in a period of one year, than my sealed cover for the post of Asst. Grade- II(HR) will be opened, and if I found fit in 2008 for the promotion than they will promote me from 2008. But my question is what will happened for my promotion which is due on 2013. Whether department will arrange written examination followed by interview and give me promotion of Asst. Grade-III(HR) from back date or otherwise.

Kindly advise.

Anonymous   17 September 2013 at 17:50

pay fixation

Sir
In pay fixation who has the responsibility for submit option form. department did not asked for option for pay fixation. And without option they fix my pay whether is it right?

upendra   16 September 2013 at 17:28

Reg. Labour definition

Sir,
If gazetted injured while on duty ,and on medical leave for longer time also partially disabled, but medical board says disability certificate only be issued after one year, in between salary stopped due to not having enough leave in account.
Pl guide accident is not crime or mistake of that officer then why spl leave can't be provided to him. ESIC 1948 and WC act 1923 supports his claim, but only being a gazetted officers , he doesn't come under perview of above laws? What is the definition of labour?for Gazetted officer what are the safety benefits if he got injured on duty?

kapur   16 September 2013 at 14:39

Arbitrary transfers

I am serving a PSU. I have been transferred 3 times in 4 months. I was first transferred to my home town after several requests. Then in a span of two months, I got promoted and was transferred to another office contrary to usual practice as my other batchmates were retained in their respective offices. Anyhow, I joined there. Within 5 days I was again transferred to another city without any reason. My question is 'can I take a legal remedy? If so, what? Will I have to go to HC to file a writ? How successful are these writs in such cases?

Thank you all.

bhupendra   16 September 2013 at 13:30

Regarding compulsory bond during medical post graduation course

Sir,
I have completed my MD( Community Medicine). at the time of admission mp govt asked me to sign a bond of rs 10 lakh to serve compulsory rural service for 1 year and they deposited all my original documents. they say that i will get my documents only after i complete the bond.without signing the the bond they denied the admission despite i have cleared the MP Pre Pg exam and i was in merit. Do govt or college has any right to keep my original documents?
Sir, i would like to know that is it this bond legal and isnt it violation my right to work? under which article and section of indian constitution it is legal? what about my fundamental rights? doesnt it come under bonded labour because govt is not paying salary but its written that i will be paid ( parishramik) per month. can u guide me please sir.

thank you

Arvind Singh Chauhan   15 September 2013 at 12:20

Pension

Sir,
Under impression, "A" (wife) had been mentioned in service book by husband "B".

later his wife deserted him and he performed second marriage with "C".


After the retirement his first wife "A" filed maintenance case, which was rejected by court, finding that she was illegal wife because she married with "B" when her husband was alive.


After the death of "B" Asam rifles started to disburse family pension to "A".


His second but Legal wife "C" requested to Asam Rifles to cancel the name of "A" from service book, and to enter his name and to allot family pension to her. She has sent judgment of 125 in which "A" has been declared illegal wife.


But Asam Rifles is refusing to do so and says as name of "A" is entered in "B"'s service book as wife it is not possible.


I have filed civil suit for the declaration and mandatory injunction. To declare "C" as legal wife of "B" and to direct Asam Rifles to enroll her name in service book and sanction family pension to her.


Sir as I am novice in service matters, pension etc. Please help with relevant pension rules and case law if any ?

prabhakara rao   14 September 2013 at 23:28

Acp vs macp

After the implementation of 6th pay commission recommendations central Govt. changed the conditions for grant of Financial up-gradation after 12 years(ACP)with pay benefit of next promotional grade in the hierarchy of promotional grades to with pay benefit of only next grade pay after ten years in the hierarchy of grade pays (MACP) and made effective from September 2008. I am due to get my MACP in February 2009. and I did not got the same till now (not insisted as it was not beneficial rather, old ACP is more beneficial). Recent court orders passed in some cases are more beneficial in my case. I also want to file a case in CAT. should I file the case now itself or should I wait till getting of MACP which is not beneficial to me. whether cause of action arises if I file the case now? because I did not got any MACP till now which is nor beneficial me? I did not refused MACP