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
ramasamy
19 June 2013 at 09:40
Can contract employee claim the Statutory leave benefit ( EL / SL / CL / Maternity Leave ) from principal employer in case contractor failed to provide the same?
Member (Account Deleted)
18 June 2013 at 12:49
i came to know from a friend who works in a govt. girls sen. secondary school (delhi) that in her school a few teachers SOMETIMES bring their 1-2 years old kids to school regularly.then they hand them over to their teenaged female students to look after them,while they go about their routine teacher work.
this seems normal but it is not.the students bunk classes to play with them.a few students of other classes(NOT ALL) also get attracted to these little kids and come out of their classes to play.they dont concentrate on any other work except playing with them.
the vice principal,is very particular about students not skipping their classes.but during these days when these little kids are there, she does not ask these teachers to stop bringing their kids,as she has very gud relations with them.
as a result there is indicipline.
this is happening so frequently that the school sometimes looks like a day care centre for teachers' children,and the students are the unpaid staff of this day care centre.
the principal has a habit of finding faults and screaming publically at my friend who may do minor human errors at times.but she does not say a word to those teachers who regularly bringing their kids & making their students look after them,and spoil their classes.she seems quite partial.
is this behavior just?
wot shud be done?
please suggest a NON-LEGAL diplomatic remedy for my friend so that she never faces partiality again.
Arpan
18 June 2013 at 12:11
Dear Sir,
I have resigned on June 10th, 2013 due to father's illness after serving my employer for one year.There is no acknowledge from HR department regarding what notice period I have to serve and my relieving date so far. I have forwarded the resignation mail to my personal id just for reference. Upon asking them,they are harassing me mentally and forcing me to leave the job without serving the notice period and proper relieving stating that there is a bond for two years.
As per my discussion with HR so far, he is not letting me serve the notice period and asking to leave the organization without issuing the relieving letter or any other acknowledgement.
I have made the following point so far:
Logically, I have not signed any stamp paper which have been issued in my name from court to serve any bond with my company.I have signed the appointment letter only. Hence, it’s not enforcement.
For your reference, this is a small company a kind of startup headed by single owner
The point of discussion is if I move ahead without getting this relieving, it would be difficult for me or rather impossible for me to get into another job.
Kindly, look into the matter and guide me what should I do?
Regards
Arpan
chirag patel
18 June 2013 at 10:27
I am serving in ongc as tenure empl.for a perod of 4 years....our case in prejudice in high court and high court has ordered ongc to immediately accomodate us as regular emp.
ongc has not extended my engagement without assigning any reasons since last 4 months....
what remedy i have to fight my case against ongc ahmedabad......
the only reason may be that i had written a request letter that since i do not possess any technical qualification i may be posted in office duty as other emp. like me are also serving in office and the high court of gujarat has also effected an order to this effect that request regarding the posting has to be considered by ongc.
MOHAMED FIROZ
18 June 2013 at 10:03
WE ARE RUNNING A MATRIC SCHOOL WITH MORE THAN 20 STAFF, AND ARE ENROLLED UNDER THE EPF FOR THE PAST 15 YEARS. NEW STAFF HAVE BEEN APPOINTED FROM THE 1st OF THIS JUNE AND THEIR FIXED SALARIES ARE ABOVE Rs. 6500 AND UPTO RS.9000.
IS IT MANDATORY TO ENROLL THEM UNDER EPF?
HOW TO AVOID EPF FROM THE MANAGEMENT SIDE, AND IF NOT HOW BEST TO PAY THE MINIMUM EPF FOR THEM? HOW TO FIX THEIR BASIC PAY AND D.A.?
SOME OF THE ALREADY ENROLLED STAFF HAVE A SALARY OF Rs.7500 AND ABOVE, AND HAVE BEEN CONTRIBUTING FOR THE WHOLE AMOUNT SO FAR.
CAN WE FIX THEIR SALARIES AT Rs. 6500 AS BASIC PAY FROM THIS JUNE AND DEDUCT Rs. 780? CAN WE PAY THE BALANCE AS D.A.?
THE ADMINISTRATOR IS PAID Rs.20000 AND HIS EPF HAS BEEN DEDUCTED ON THE WHOLE AMOUNT FOR THE PAST SEVERAL YEARS.
CAN WE REVISE HIS PAY AS Rs. 6500 + D.A. AND PAY EPF FOR Rs.6500 AND PAY Rs. 13500 AS D.A.? WHAT ARE THE I.T. RULES ON HIS EPF CONTRIBUTION?
MOHAMED FIROZ
naushad avathukattil
18 June 2013 at 09:40
sir ,
my friend sabu was convicted u/s 279 ipc to pay an amount of 1000 and he paid the amount.
later he got a government job by kerala PSC.He has to give a proforma in which he had to state whether he was convicted in any criminal cases.Misunderstanding 279 ipc a petty case ,he staed NO.
1.how it will affect the police veryficatiojn? 2.if he had stated 'yes'how it would affect?
Prerit
17 June 2013 at 19:23
IF AN EMPLOYEE HAVING HIS SALARY (INCLUDING BASIC+ALLOWANCES)IS RS.4800 AND HIS O.T. AMOUNT IS RS. 300. THEN HIS SALARY WILL BE MORE THAN 5000/- SO IS PROFESSION TAX WILL BE APPLICABLE FOR HIM.
ramasamy
17 June 2013 at 17:57
Karnataka and Punjab and Haryana shop establishment says 1 days earn leave for each 20 days worked
Please clarify whether we need to consider all paid leave and holidays for the purpose of commuting number of days worked for calculation of earn leave under Karnataka Shop and Establishment Act and P&H Shop and establishment act?
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Confidentiality clause
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