kaur
12 July 2013 at 20:19
This is with reference to my previous query in which I have sought advice that some civil property disputes cases are pending in the civil court. As my own brothers have filed complaint at my work place to my management and although they were satisfied that the matter is personal and nothing to done with my job butI felt quite embarrassment with my co-employees. Now after a month my Head (Management) told me to withdrew the cases from my side or else to resign. No doubt that this has been done on the instant of my brothers who are highly influences and high power. Although I am permanent at job which is private but comes under Industrial Act. My query is that can management remove or dismiss me without any cause or reasons or on the grounds on such civil property cases pending in the court against our family and which has nothing to do with my work. Please advice.
mukesh Gupta
12 July 2013 at 12:59
sir,
Can a law officer of a PSU can be subjected to the misconduct for his opinions given on any issue? If yes under what circumstances?
Manoj Nainwal
12 July 2013 at 09:16
I have joined my firm and at the time of joining I signed an undertaking where in it was mentioned that if I have to resign I will have to give 2 months notice period and that must be during teaching period.
But after six months of joining a message came related to the change in resignation policy.
That new policy is totally unfavorable for employee.
I want to ask that can any firm or organization change resignation policies as per their suitability any time. Can I legally challenge them for this.
Please answer me.
Nilesh Warankar
12 July 2013 at 02:03
Hi,
This is Nilesh Warankar. I was working in Customer Centria Enterprise Solutions Pvt Ltd, Andheri, Mumbai in 2011. I resigned in March 2103 from company due to irregular in the salary dates. Since then I haven't get the settlement amount Rs. 52,000 and PF details.
Kindly suggest me what can I do to get may pending compensations / salary.
Thanks
Nilesh
H.S.ACHARYA
11 July 2013 at 22:10
Is gratuity payable if employee works after retirement and completes 5 more years of service. Also whether notice period is required to be served or not for termination during this extended period?
Pravinkumar Shetty
11 July 2013 at 13:02
Dear Sir/Madam,
How to calculate Daily/Monthly/Annual Salary of contract employees under labour laws
Sanjeev Bhatt
11 July 2013 at 09:39
Dear Sir,
I had a stay order in the property of my organization and we hired a Lawyer to take up the case. The lawyer asked a fee of Rs. 10,000 with a condition of complete advance payment and he assured to revoke the stay order within a month. Now it has been more than a year and he is lingering the case and at times not even picking the phone.
What are the legal avenues to tackle this particular situation.
Note. There is no written agreement with the lawyer.
The fee paid to him was vide cheque.
With best regards,
Sanjeev
Nishant Tyagi
10 July 2013 at 14:10
Respected Sir,
I wanted to ask if in the standing orders of the company it is mentioned that an employee can be terminated if he illegally absents himself from work for a specific time period with or without a notice, and when such a condition arises the company sends a show cause notice to such an employee. But at the same time the employee is a member of the Trade Union who has applied for registration of the trade union.
What is the remedy available to the employer when such registration application of Trade Union is pending before the Registrar?
Please reply soon. Urgent.
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Special leave and self lease
Question -1
We are working in a central PSU. We have a self lease scheme instead of HRA. Eligible employees need to make an agreement for 10 years period for self lease with the PSU. Our payment for self lease was done in our earlier scheme with related to the basic pay of an employee. Later in 2010 the self lease scheme was modified and enhanced payment was done which was related to the grade of employee even those employees who made 10 years agreement as per old scheme earlier. In 2013 the scheme was further modified and entitlement corresponding to grade was increased. But this time PSU made the rule that earlier who had made 10 years agreement will not get the enhanced amount. So currently one problem arises. Those employees who are applying for the first time now are getting more amount though their grade are same but junior with lower basic pay compare to those earlier employees who made 10 years agreement. My question is that can it be termed pay anomaly as senior employee with higher basic pay is getting less?
Question – 2
Can an employee of a central PSU file writ petition in high court for violation of any rule in that PSU instead of raising disputes before RLC(C)?
Question - 3
Can the concerned employees of a central PSU get special leave for panchayet Election as per circular of West Bengal Govt? Our leave rule is as under :
LEAVE RULES of the PSU
12.2.2. Additional Holidays
iv) In the event of the State Government/Union Territory Administration declaring a special occasion as an additional paid holiday for its industrial workers, all administrative offices and operating units of IOC located within that State/Union Territory will also observe an additional closed holiday.
Circular of West Bengal GOVT
Dates of Election declared as Public Holidays under NI Act
Government of West Bengal
Finance Department
(Audit Branch)
Writers’ Buildings, Kolkata-700 001
No. 5482-F(P), 9th July, 2013.
MEMORANDUM
In view of the elections to the Gram Panchayats, Panchayat Samitis and Zilla Parishads to be constituted under the West Bengal Panchayat Act, 1973 and to be held on 11th, 15th, 19th, 22nd and 25th of July, 2013 in different districts in the State (except Darjeeling), the Governor is hereby pleased to declare the said days as public holiday under the Negotiable Instruments Act, 1881
All Government Offices, Organizations under it, Undertakings, Corporations, Boards, Statutory and Local Bodies, Educational Institutions, etc. situated within the districts excepting those within the municipalities shall remain closed on the respective dates so that every employee is able to exercise his/her right of franchise in the election.
2. The Labour Department will issue suitable instructions to Shops, Commercial and Industrial Establishments including Tea Gardens to declare the said dates for the concerned districts as paid holiday for the workers to exercise their franchise in the election.
3. In case the date of poll is a working day in any Central Government or any other establishments within the concerned districts, the employees who are voters to the election shall be permitted to cast their votes by way of special leave.
4. In case of an employee working outside the concerned districts and when the date of poll has not been declared as holiday there as in Para 1 above, he/she shall be allowed special leave for the day.
5. In case of re-poll, the employees/workers shall be allowed to cast their votes on the date of re- ¬poll in the manner as in Para 3 and 4 above.
6. The days before the date of polls being the date of dispatch are hereby declared as local holidays for the Educational Institutions situated within the respective districts excepting those within the municipalities.
In case any educational institution or any other establishment within any municipality has been selected as dispatch centre, local holiday may be declared for the said institution by the Competent Authority on the day of dispatch.
7. The poll process may continue up to late hours in the nights of 11th July, 2013, 15th July, 2013,19th July, 2013, 22nd July, 2013 and 25th July, 2013, as the case may be, and the polling parties may obtain their release from their reception centres in the small hours of the morning (or even afterwards) of 12th July, 2013, 16th July, 2013, 20th July, 2013, 23rd July, 2013 and 26th July, 2013 rendering it difficult for them to attend office in time. In consideration of this situation, special leave may be allowed for the 12th July, 2013, 16th July, 2013, 20th July, 2013, 23rd July, 2013 and 26th July, 2013 as the case may be to the officers and employees who were deployed for poling duties.
Sd/- (A.K. Das)
OSD & ex-officio Joint Secretary
Finance Department
Government of West Bengal