Raghu
21 June 2013 at 16:18
DEAR SIR,
CAN STATE GOVERNMENT EMPLOYEE CLAIM INTEREST ON DELAYED PAYMENT OF GRATUITY?
Tashi Norbu Basi
20 June 2013 at 21:55
Dear experts,
In my previous query, expert Shri Dhingra had asked for the contents of my termination order. Please find below,the said contents.
But first brief facts of my previous query:-
1. I was a govt. servant on probation
2. I was accused of murdering my wife and was arrested.
3. A few days after arrested, I received my suspension order.
4. While I was in judicial custody, I received show cause notice and sent a reply to the same.
5. The case against me was dismissed by the Court on technical grounds.
6. I tried to rejoin work and was then told that my service had been terminated.
I wish to challenge the order.
The termination order in brief reads:-
1. Whereas Shri Megh, Accounts Clerk of XYZ Department (who was on probation) is involved in ABC PS Criminal Case No.... dated ... u/s 302 IPC and is presently under judicial custody.
2. And whereas the Disciplinary Authority taking notice of the facts and circumstances of the above cited case served a show cause notice vide No.... dated .... asking him to show cause as to why he should not be summarily discharged from service in terms of Rule ... of the State Government Establishment Rules.
3. And whereas Shri Megh submitted his reply dated....
4. And whereas the statement submitted by Shri Megh in his cause are found incorrect by the competent authority.
5. And whereas after examination of all relevant material and the statement of Shri Megh the competent authority considers that the conduct of Shri Megh during his period of probation is such as to render him unsatisfactory for continuation in Government service.
6. Now, therefore, in exercise of the powers conferred by Rule ... of the State Government Establishment Rules, the competent authority hereby discharges the said Megh, Accounts Clerk under probation from service with immediate effect.
Thank you.
Yours sincerely, Megh
MOHAMED FIROZ
20 June 2013 at 20:13
A STAFF OF OUR SCHOOL AFTER HAVING BEEN IN EPF FOR THE PAST 17 YEARS WANTS TO CLOSE HER EPF ACCOUNT WHILE IN SERVICE. SHE IS 52 YEARS OLD.
SINCE SHE IS CONTINUING AS OUR STAFF, WHAT IS HER STATUS RELATING TO THE ATTENDANCE AND SALARY REGISTER HENCEFORTH?
HAS SHE GOT TO RESIGN HER JOB AND REJOIN AFTER TWO MONTHS OR CAN SHE JUST RELINQUISH HER EPF MEMBERSHIP AND CONTINUE AS NON-EPF EMPLOYEE IN OUR REGISTER?
AFTER GETTING HER CLAIM SETTLED BY THE EPFO CAN SHE JOIN EPF ONCE AGAIN IF SHE SO DESIRES?
IF A PERSON AGED 62 YEARS WHO WAS A MEMBER OF THE EPF IN A GOVT ORGANIZATION UNTIL 58 YEARS, AND HAS CLAIMED HIS EPF AMOUNT AND IS RECEIVING EPS, IS JOINING AS A NEW EMPLOYEE IN OUR SCHOOL, WHAT IS HIS PRESENT STATUS AS AN EMPLOYEE?
girish
20 June 2013 at 16:15
Dear Expert,
I need to know the applicability of "The Contract Labour (Regulation and Abolition) Act, 1970" in case of the following scenarios:
1. A public limited company is employing contract labour at its various locations. At any individual location, the number of contract labourers do not exceed 20 but in totality at all the sites, the contract labourers employed is greater than 20. Therefore is the Act applicable to the Company?
2. Secondly, the public limited company hires contractors who eventually hires contract labourers for various activities. In this case, the individual contractor may or may not provide more than 20 labourers to the public limited company. What would be the applicability of the Act in such as case to the public limited company?
Regards.
Stella James
20 June 2013 at 14:47
Hi Experts,
what is the lay process for an ITES company in tamilnadu? should we need to follow the process mentioned in the Industrial dispute act? The appointment order and the company policies are silent on the employers power to lay off the employees. We do not have any standing order also.
Seeking your help on this very badly.
Thanks,
Stella
ksr prasad
20 June 2013 at 11:27
One of my known persons is working as the principal of a private school. She was also appointed like other teachers of the school. The school is owned and managed by somebody else. The issue is regarding the provident fund. The school management is deducting PF from everyone's salary for more than a year including her. Of late she came to know that they have not deposited any amount with the PF office. Recently one PF official has visited the school and issued a notice u/s 460 & 469 for not depositing the PF installments.
While she manages only academics and doesnot deal with finance matters, will she be held responsible for the acts of the school owners ? Pl clarify.
AJAYAN
19 June 2013 at 21:09
Dear sir,
I am writing this letter for my father in law. his d.o.b. is 06-06-1940 age 73
He was a employee,BRC in Central govt. in Bombay,
worked 17 yrs service.15/12/1959 to 24/08/1977
He was resigned and left Bombay due family reasons.
He is trying to get pension from govt. and application was rejected,clause rule26of ccs pension. In this age he is working in pvt, company.
Is there any chance to get pension.
hope you will get an early reply.
Thanks& Regards,
Ajayan
shruti13
19 June 2013 at 17:44
Dear Sir/ Ma'm
we need to include a reference to ‘confidentiality clause’ in our relieving letter. Just a soft reference....nicely worded. Request your inputs & support in drafting a one line draft.
Looking forward to hear from you soon. Many thanks in advanvce for your revert.
Regards
Shruti
Tashi Norbu Basi
19 June 2013 at 11:58
Dear Experts,
I was appointed as Junior Accounts clerk with a probation period of 1 year. In the sixth month of my probation I was arrested on charges of having murdered my wife. I was suspended from work within a few days of my arrest. I spent a total of about 1 1/2 years in custody. Vide order on Consideration of Charges the criminal case against me was dismissed by the court on technical grounds.
I would also like to add that while I was in custody, I had received a 'show - cause notice' from my department concerning the allegation against me. And I had also replied to the show cause.
After discharge when I tried to rejoin duty, I was told that an order terminating my employment had been issued. The order stated that I was being discharged because of the Police Case against me and that my reply to the show cause was found incorrect by competent authorities and that my actions were found to be unbecoming of a government servant.
I wish to file a writ against my discharge. But am faced with some problem, which are:-
1. That I was on probation (but I am told that if my termination order accuses me of some criminal wrong than an 'enquiry' before issue of such order, was mandatory?)
2. I am also told that as I was on probation, the fact that a show cause notice had been issued against me and that I had replied to the show cause, it is deemed enough to hold that an 'enquiry' had been conducted?
What should I do now? Please help me with some specific guidance and precedents, if you'll are aware of any.
Thanking you.
Megh
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Work done but salary not paid
Hie.i am ca final appeared student.i have gt appointed by one ca firm for doing audit of his client.they have nt prvd me offer letter of job.i hv work for them 1 mnth. It was decided that salary would be paid by ca firm.bt after work they r nw saying that ur work was nt satisfying. And they wl nt pay.so wt action can i take against ca firm. Under whch act can i fight for my salary.