Shashi Panwar
13 August 2013 at 17:01
Dear Sir,
I have Job Consultancy in Delhi. I wanted to give my services to the International client so I need license. Could you please advice:-
1. What is the procedure
2. How much time it will take
3. What would be the cost approxm.
Best regards,
Shashi
Ghouse Mohiddin
13 August 2013 at 13:17
Sir
Few months back I have asked query regarding one of my friend who is working in a university persuaded the higher studies
through distance mode from the same university with out the permission of higher authorities thinking that pursuing the higher studies through the distance education from the parental university is not required permission. when the same has been sent to the Personal dept they refused to update the same stating that prior permission has not taken.
However my friend has asked the apology for the procedural lapse and requested for postfacto approval for the admission and the degree awarded by the university.
But the university officials has turned down the request and asked for the explaination for not taking the prior permission.
Plaese guide what to do and what to write as expalaination.
Regards
mohiddinghouse@yahoo.co.in
rajasekaran.m
13 August 2013 at 13:07
In cotinuation of query and reply provided by your experts let me provide full deails about my case.
While I had been working in the autonomous body I was very much sraight forward,blocked all the illegal activities happening in the Department by sending petitions to the Ministry,CVC other relevant agecies.
While I was doing so, a lady came to my room and attempted to bribe to me to get two of her cadidates appointed on casual basis.Getting angry on her action shouted and forced her to leave the place and she left at once.She was not known to me earlier.
Later, I filed a complaint to the Director of the Organisation about the behaviour of the lady.Butno action was caused on her.
After three days,I was served with a letter and called explanation,alleged therein that I had abused the lady with filthy and unparliamentary words.On seeing the letter I had not only shocked and replied that I had not abused the Lady with filthy and unpaliamentary words and asked to refer my complaint sent earlier.The Management did not do any thing on that.
After the lapse few months I was served with a letter and informed that my explantion was not satisfactory and ordered to appear for an enquiry.
Again,before attending the Enquiry I questioned the validity of the enquiry as it had no charge sheet and no time was indicated to attend the enquiry.But the Management did not care.As a result I did not attend the enquiry but the management even without a show-cause notice dismissed me from service on exparte basis with the charge I had sexully harassed the lady.
Then I filed the Writ petition in the High Court Madras,which not only vitiated the whole proceedings but also ordered to conduct the enquiry afresh by framing the charge sheet and with a new enquiry Officer by paying subsistence allowanc.
This time the Management framed the charge sheet that I had sexually harassed the lady and brought witnesses.When I asked the management on what basis this charge sheet was framed as I was called for explanation only for filthy and unparliamentary words and no witness at that time, they did not respond.Similarly,they did not allow me to inspect the documents and information called for, though I was entitled as per the rules of the Departmental enquiry.Also,they did not pay the subsistence allowance during the course of the enquiry.However,on completion of the enquiry,on filing the contempt petition I was paid with the subsistence allowanc.
Again as per the orders of the Supreme Court cases of sexual harassment could be enquired only by a Committe constituted as per the orders of the Apex court but not followed in my case.
The Management did not allow me to have a defence assistant from out side, tough I am entitled to have that.Because of that I did not attend the enquiry fully and not replied the show-cause notice this time, for want of documents and information called for.With out,caring that again they dismissed me from service.After that the single Judge High Court Madras on filing the case dismissed my case claiming ever thing is in order.The High Court bench too did not entertain my case and dismissed it.After that, for want of money I could not file the case in the Supreme Court.
Raising all the queries when I filed petition under the RTI Act,the Management did not reply.However, I prefered II appeal to the CIC and awaiting reply from there.
My intention is once I get the documents,could approach the High Court to re-open the case and conduct the proceedings.Secondly,had they conducted the enquiry without suspicion the documents called for through RTI Petition could have been provided but their silece prove that they are not confident of the case and prove their apprehension.
Moreover,when they had called for explanation only for filthy and unparliamentary words only, on what basis they could frame a charge sheet for sexual harassment.Under which rule,filthy and unparliamentary words were included as sexual harassment.
If needed more information would be sent later Sir.
Kindly provide your reply.
RAJASEKARAN.M
Himadri Shekhar Bhattacharjee
13 August 2013 at 12:26
Sir,
My friend was a manager of a nationalized bank which was a small two man branch. The computer operator of that branch hacked my friend's passwords and did certain irregularities with that password. Then he admitted his guilt and deposited a sum of Rs 400000 in cash and he mentioned there, that, he did those on guidance from my friend who was the manager. But that was wrong, on no occassion he shared his passwords with him. Then after a month from that date, that, computer operator died of heart attack. Now, after a sham departmental enquiry, my friend was removed from service, as the disciplinary authority noted that, 'due to the irregularities of him bank and government funds were put to jeopardy'. No, retirement benefits were given. Now, he submitted an appeal to departmental appelate authority.
1)Now, can he go for a writ from honourable high court seeking setting aside of that order and reinstatement in service after his appeal is rejected or not responded to within six months?
2)How long court will take to resolve it and is there any provision for any interim relief till the final verdict.
3)Whether the written admission of guilt and deposit of Rs 400000 by the computer operator shall be considered by the court for giving verdict favouring my friend?
4)Since, the computer operator died after one month of giving declaration from heart attack and he mentioned that, he did this irregularity at my friend's guidance and he couldn't be cross examined, does this mention have any adverse implication for my friend?
Please help by giving your valuable suggestions.
Regards.
Shashi Panwar
13 August 2013 at 12:11
Sir,
I have job consultancy in delhi and wanted to take license so that I can give my services to the international clients.
Please advice/clarify the following points
1. What is the process for applying
2. How much time it takes
3. What will be the cost
Best regards,
Shashi
SITARAM
13 August 2013 at 11:59
Our employees were eleigible for ex_gratia bonus during 2008-09 hence we paid to them. But latter on we granted Vi pay commission w e f 1.1.2006 due to that the crossed the celling hence not eligible for ex_gratia bonus 8.33%. Now plese guide us is there any provision to recover the ex_gratia paid to th
prashant1314
13 August 2013 at 10:35
Respected Experts,
Incase a contractor appoints a supervisor against a job contract/labour contract then should his name be included in muster roll and wage register as per CL(R&A.) act. Because a supervisor is not a workman as per the definition of workman under the said act. Need Urgent suggestion please.
prashant1314
13 August 2013 at 09:34
Dear Experts,
Wish you very happy Good Morning.....!!!
What are the circumstances in which employer can forfeit Leave Encashment + Employer's PF Share of employee.
Can employer can incorporate such clause in Service Rules or Certified Standing Orders of establishment ?
Thanks in anticipation.
naresh
12 August 2013 at 21:23
I have asked the co for waiver of bond.I got following reply from co:-
This is to inform you that in lieu of Indemnity and Surety Bond executed by yourself, the
company reserves its right to pay you salary for 20 days during which you have served the
company.
What does this means?Are they waiving off my bond and agree to give me salary for period served.
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Whether workman himself file application to recover his other dues u/s 33c(2)
Dear experts,
A workman in his illlegal termination case have stated and also given evidences that at the time of his termination he was not given various dues as per his service conditions and terms of appointment letter and also his termination was illegal for non compliance of Sec 25F,25G,25O,25 N and patently false reason of recession.
He won his case but instead of reinstatement and full backwages of 5 years he was given compensation with a line in judgement of labour court which is as follows
"The amount of compensation will not cause any hindrance in the other dues of
the workman & for future employment in other group of companies"
My question to experts is
1) Whether these lines implies that labour court decision itself was incomplete since it didn't decide the fact that workman has mentioned in his claim to solve the dispute of his other dues not given at the time of termination?
2) Whether workman have to give another application u/s 33 C(2) for recovery of other dues in labour court again or appeal to High Court thru filing a writ under 226 for these other dues also while challenging this award for his reinstatement and full backwages.
3) If in case it is not admissible to recover these 'other dues' in HIgh Court
can he file himself an application by filing Form K3 for recovery of these 'other dues' u/s 33C(2)in labour court without hiring any lawyer
rgds
skg