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Milon Chatterjee   29 July 2013 at 11:29

Forming a company

Hi
I wish to do some consultancy assignments in my wife s name along with my current engagement in my spare time. Trading may be involved at a later stage not right away. Please guide me as to what kind of a company I need to form / operate under and what is the procedure , I am based out of Mumbai.

Regards

Milon

Nitin Panchal   29 July 2013 at 10:14

Registration under bombay shops & establishment in gujarat

Dear sir,

I am working with a Consultancy Company and its registered office is in Pune. We have branches in different states. I am representing Gujarat.

Kindly confirm that whether We have to register our self under Bombay shops & estbl. act in Gujarat also.

We are already registered in Maharashtra....
our company is a limited company.
We have 7 employees in Gujarat officer

Sajid Husain   29 July 2013 at 07:40

Issue with management plocies

Respected Sir/Madam,

I am working in a BPO named Sutherland Global Service located at Malad Mumbai from past 3.6 years. I take calls to resolve customers technical issues related to their computer (laptop/Desktop) and accordingly we get surveys either a Satisfied customer (CSat) or Dissatisfied Customer (Dsat) and accordingly we get incentives if we meet the targets, there are several other parameters also.
The Problem is, I have seen a trend in process that they keep changing those parameters and I have no issues with them I try hard to achieve them but there something Control able or Non control able CSats or DSats, if one is getting the Dsat let it be control able or non control able it affects his score and he looses incentive but if its not even his fault and he already took hit on his incentives the is it fair to give him a PIP (Performance Improvement Plan and if you get 3 PIPs you are out of the company) and are BPOs allowed to make these changes ? Because if they come up with a rule like if you get a CSat then you won’t get a month's salary then what? I work for Sutherland but I need to follow Sutherland's and even Dell's rules coz it’s Dell Process. But what happens if company is not fulfilling Clients need because of any reason so they put the blames on Representatives and shows their client that they are taking action against the non performing employees and to improve their skills they are putting them into PIPs and training (client pays for Training) if someone is not clearing that will be asked to leave the company however its not employees fault coz they set the parameters like that.
In my case my monthly and yearly scores are excellent (4.2 out of 5 last year and 4.6 out of 5 this year) but they pick certain date and where your scores are below targets and take action against you. However for me my monthly scores should be good to get incentives and yearly scores should be good for appraisal.
So I am undergoing such situation and I am sure I can clear PIP and get Csat coz I know how to handle customers but I don’t think I can do anything about company if they don’t want me to grow coz they are being allowed by Government to make changes to cut their employees Salary and not allowing them to grow. When an year completes they come with new ideas that company is not making profit so appraisal cant be done or that particular process dint make profit so there will be very small increment in annual salary.
Its not only my problem its the problem of at least 90% BPO employees but they do not speak and there is no union also and if you try to raise your voice you will be out of company coz after all its management you are fighting to.
When it comes to incentive or bonus it’s understood but when it comes to your Job, Salary and Appraisal there should be something strong to fight against company's false reasons.
Its not like I do not make mistakes but they are not able to find one coz they cant listen to all calls taken by me, and they cant prove me wrong for 2 DSats I got coz it was fault in their system coz they cant resolve customers issue and customer filled the survey against them but to show Dell they are putting blame on me and asking me to sign PIP. I just need your advice what to do? and I Have gone through several forums and found experts advice to solve the issue talking to HR or managers, negotiate and all but just to let you know I can do that but my heart is not able to accept the mistake which wasn’t done by me.

Thanks and Regards,
Sajid Husain

Member (Account Deleted)   28 July 2013 at 19:41

Whether if a punjab govt employee change his post after promotion his pay scale will decreased from

I am working as clerk in Archieves department Punjab from August 2008.My current pay scale is 10300-34000..My promotion is due.I have to change my post to Technical line and the pay scale of Technical line is lower than my current pay scale as the pay scale of clerks are revised but the scale of technical line are not revised. If I will get promotion , will my pay scale be decreased.PLS guide me and give me citation of Supreme Court or other court in this regard

CHINTANKUMAR BHARATKUMAR DESAI   28 July 2013 at 18:34

Pay fixation of ex-servicemen re-employed with psu banks

Dear Sir,

I am an ex-servicemen retired from the Indian Navy after completion of my initial engagement of 10 years (Non-Pensioner) on 30 April 2009. Post implementation of 6th Central Pay Commission with effect from 01 January 2006 and subsequent implementation of the Military Service Pay with effect from 01 September 2008; my pay scale included (Pay in pay band + Grade Pay + X-group Pay + Military Service Pay). Dearness Allowance being applied on the total of all the components. (Along with other allowances like HRA and transport allowances;) My Last Pay Drawn Certificate (LPDC) figured as following:

Basic Pay - 11480
Good Conduct Badge Pay - 160
X-group Pay - 1400
Grade Pay - 3400
Military Service Pay - 2000
Dearness Allowance - 4022

Note: Then rate of around 20 % D.A. applied on the total of all the components i.e. (Basic + Grade + GCB + X-group + Military Service) Pay

Subsequently, on retirement after completion of my initial engagement with the Indian Navy; I was re-employed with the State Bank of India (PSU) on 15 December 2010 in the clerical cadre.

Although, the Bank's rule book on staff matters clearly states that the pay fixation of an ex-servicemen on re-employment should be done in the manner, so as to protect the Pay + D.A of the ex-servicemen at the time of release from the armed forces; the authorities have considered Basic Pay, Grade Pay, Good Conduct Badge Pay and X-group Pay for the purpose of pay-fixation on re-employment in public sector banks; leaving out the MSP (Military Service Pay) arguing that the Military Service Pay was an in-service Pay and will not be considered for the pay fixation at the time of re-employment.

Sir, please note that the reckonable emoluments even for the pension; contains the component of MSP for the pensioners who are not in the active military service; then why it should not be considered for pay-fixation on re-employment for a non-pensioner ex-servicemen like me who has given 10 years of his prime youth for serving the nation's cause.

Would like to re-iterate again that my Last Pay Drawn Certificate contains the element of MSP and there was a D.A applied on the same showing that it was an integral part of Pay and should be protected while re-employment in the public sector banks.

Also note that the Govt.of India Gazette clearly states that the pay-scales of the military personnel includes Pay in pay band, Grade Pay, X-group pay and military service pay. If at all; the MSP is not considered for pay-fixation then how come the pay gets protected which is the premise of the pay fixation of an ex-servicemen on re-employment for his re-settlement.

Please guide and advise if I should take a legal course of action.

Attachments:
1.Govt.of India Gazette on implementation of 6th CPC showing pay scales of PBORs in X-group.
2.Dept.of Personnel & Training Office Memorandum no.3/19/2009 Estt.Pay II dated 08 Nov 2010.

Mr Amey   28 July 2013 at 12:19

My company not giving relieving and experience letter to me.

I am in a big trouble with my company. I joined my company as a fresher last year in january. I have a good record in my company and i also got an increment in mid year. Last month i gave a resignation letter to my boss with a notice period of 25 days for joining another company. I served my notice period with the company till last day. But on last day while leaving this company i mailed all my personal details including my work reports on my pc to my personal mail. They found it out and took all my login details of my personal mail. They changed the password and told me that they will verify the files that i have mailed to my personal mail. I want to know that have i done a big mistake by mailing my own personal details on pc. What shall i do to get my relieving and experience letter ?

Nirmal Singh   27 July 2013 at 21:54

Departmental enquiry after retirement

A Police Inspector( now Retd.on 30/9/2010) during his posting in service tempered with the Govt record and got passport for his son and for himself.when his son was deported from England on emergency certificate , then he again gave false affidavit to the food & supply deptt. Punjab that he does not have any previous ration card, the fact is that he posses one ration card and did not surrendered it while applying for new ration card at new place. He made tempering with ration card by deleting some name and adding another name.Later on complaint FIR u/s 420, 467,468,471,120 IPC was registered against him after his retirement on 29/4/12.challan has been presented and charges have been framed recently. can a departmental enquiry can be initiated against him , if yes then under what rule. Pl. quote Judgement etc. in this regard...

kumarjainn   27 July 2013 at 16:51

Wrong implementation of judgement

sir
last Para 8 and 9 of the judgement is given below:

8.Since the petition filed by the petitioner succeed on this ground itself, it is not necessary to deal with the other contention rested on the retrospective operation of the said rule. Accordingly
W.P. (C) 4545/2000 Page 12 of 12
rule is made absolute. The impugned judgment dated 1st May, 2000 passed by the Central Administrative Tribunal is hereby set aside. The O.A. filed by the petitioner before the Tribunal is allowed. As a consequence, direction is issued to the respondent to reconsider the case of the petitioner by holding review DPC and if found suitable for promotion, the petitioner be accorded promotion to the post of scientist „D‟ with effect from the date his juniors were promoted on the basis of Internal Screening Committee which was held on 1st July, 1998.
9. We are informed that the petitioner was subsequently given promotion to the post of scientist „D‟ w.e.f. 1st July, 1998, he shall be given arrears on repromoted post from 1st July, 1998 to 30th July, 2001 and shall also be entitled to consequential benefits of seniority and promotion etc.
10. Since the respondents have not appeared, no order as to costs.
(A.K. SIKRI) JUDGE (M.L. MEHTA) JUDGE JULY 7,2011 skb

The department should have implemented para 9 of the judgment. instead they implemented para 8 of the judgement and after review interview they declared me not yet fit for promotion and closed the file.
thus they have wrongly implemented the judgement.
The judgemnt was pronounced on 7.7.2011.
can i file contempt for wrong implementation of the judgemnt now. will it be time barred.

S.K   26 July 2013 at 22:08

Noc for forwarding application

Sir,
I had completed AMIE without taking permission from my PSU(govt). I had started that course before joining in PSU(was informed to PSU in writing when applied for that post). When I asked for permission for completion of course after employment they denies to give and told it will take 6 years for giving permission.So I continued without affecting my duty to PSU(got outstanding employee rating during course)and finish.This course completion information was given by me when I filled Confidential report of PSU. Now for forwarding a application they provide me showcase notice and I had justified that.Till date no information from my PSU. As per act(applicable to my PSU) CCS RULE 1964 "I COULD NOT START A NEW COURSE WITHOUT TAKING PERMISSION" but here I have not STARTED that course but just CONTINUED that.Then where is the question of taking permission for starting? According to RTI reply they inform such employee will never get NOC as they have not taken permission.Could it mean that I could not get any GOV job further as all department ask NOC and for case like me no one could change his job.WHAT I HAVE TO DO FOR ESCAPE without giving resignation before getting new job?

purnima   26 July 2013 at 21:17

Legall action against my employer

hello sir , my self purnima working in a event management company from last october. my boss didn't present me any offer letter or appointment letter at the time of appointment. In the mean while of my working there they start harassing and discriminating me with that of the other. they even not given me any designation in the company though i talked to them manier times to do sometihng in this behalf but they treat me badly, abuses and ignore it. i am so much into depression from past 4 days that i dont want to go at the same work place as i informed them abt my inconvience of not attending the office till coming sunday...but they serve a legall notice specifying me as a robber with there laptop, data card and funds ..as they alloted me the laptop and data card officialy and no such funds are there with me of there account.. the hr and the employer threatening me again and again by taking the name of my family and rite now i am out of delhi. please help me out with i am in urgent need? please help me what should be correct legally??