prabhakara rao
14 September 2013 at 23:28
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
PRADEEP SHARMA
14 September 2013 at 17:23
Dear Experts,
What is the legal procedure of execute the termination notice period to employees on their neglect of work and non performance in sale achievement.
While they are working with us since two year
Sandeep
14 September 2013 at 17:03
Dear Sirs,
I am currently negotiating an offer with a competitor of my current employer. I have put together 7 years of service in my current organization.
My organization compels resigning employees to sign a stamppaper bond that restricts the employee from joining competition or its sister companies for 2 years. The signing of this bond is mandatory to get a relieving letter from the current employer.
I would like to have advice on following questions
1. What would be the impact of signing such a bond and still joining the competition as it has offered a better job opportunity
2. Will my current employer be able to take any legal action against me?
3.Will they be able to hold my PF and gratuity funds
Thanks in advance
Best Regards,
Sandeep
ARUN KUMAR
14 September 2013 at 13:52
My friend who is working in a pvt. ltd. company has received a email from one of his manager to "STOP WORK".
now question is as per industrial dispute act "STOP WORK" is legal ? if yes then what is the status of employment?
kindly guide.
i m bhatia
14 September 2013 at 11:15
My son's F&F has been short paid by about Rs.20,000/-. Being based at Delhi now, he cannot proceed against this injustice as the IT Bangalore company has jurisdiction for disputes at Bengalore only. Engaging a lawyer to pursue case may not be commensurate to the results that may be achieved and the son can ill afford to spare time for pursuing the matter.
Plz advice the chances of recovery through the State Govt. labour department and also whether a formal complaint in letter form by the son would be sufficient to proceed with the matter or whether this patently illegal short-payment should be written off like bad debt?
Valued advice by the learned persons in the field would be highly helpful in resolving the matter. By the way I have posted a mail in forum column in my name yesterday touching upon briefly the issue involved.
i m bhatia.
Soumya
14 September 2013 at 06:07
Sir/Madam,
I was working in a software company from 2nd feb 2007 to april 30th 2013. during 1st july 2011 to 2nd jan 2012 I was on leave as I asked for leave for maternity.Company said maternity leave is 2 month and will pay for it and hence I too another 4 months which is loss of pay.
Now when I requested for gratuity company replies as below.
"we find that she has taken approximately 194 leaves during the year 2011-2012 and out of that Maternity leave is 56.
As per Gratuity Act, employee should work minimum 240 days in one financial year, but in this case she has not satisfied this condition.
As precautionary, we are obtaining expert opinion on the applicability of Gratuity payment."
So will i will not get gratuity? Experts please help.
mukesh Gupta
13 September 2013 at 14:55
Sir,
In a case the services of an employee has been terminted after disciplinary enquiry on the ground that he was unauthorised absent. Now can we recover the notice pay of three months from the employee on the ground that he abandon the service by his act which resulted termination. Pls guide. If citation is availble pls provide . THANKS
meha iyer
12 September 2013 at 23:38
I joined my organisation on 29th march 2008 and made a resignation on 12th march 2013.In between i went for maternity leave on 9th Sept.2012.As per my co. ,the maternity leave gratnted is 4 months adjusting all the leave balances and 2 additional months with leave without pay.
Kindly confirm me ,m i eligible for gratuity as per supreme court judgement.
Plz guide me.
manmohan
12 September 2013 at 19:33
i am working with an organisation under punjab Govt. as at the time of appointment they have taken my qualification certificates. but now after 9 months whenever i am asking them to give me back the certificates they says we can't give it back to you as you are under probation period of 2 years. i want to know that can i force them to give me back my certificates. i heard lot about that there is a supreme court judgement that no employer can retain the certificates of an employee
plz suggest me something on this matter and plz refer me to any judgement on this if there is any my mail id is Manmohanpatwal@ibibo.com
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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 ?