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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Himadri Shekhar Bhattacharjee   11 May 2013 at 22:00

Crs provisions.

Sir, A person working in a PSU bank has been kept suspended for 3 years and granted compulsory retirement after 3 years of suspension, without reinstating him in service. Can the salary and allowances for the period he was kept on suspension, ie.3 years can be withheld and CRS given as punitive step at the same time, since, it will construe to be two punishments at a time ? Shall the period of suspension be treated as period on duty and pay and allowances for the same be given? Please state the legal provisions in this regard.

SIA...............   11 May 2013 at 14:50

Rights under suspension

Hi Sir ,

I had resigned from my Job on 16th Feb and my employer had accepted it and i had given the notice period of 2 months and as per my reisgnation my last day was suppose to be on 15th April .

On 13th March my employer suspended me on false allegation and just mailed me simply stating i have suspended on allegation .

No case or anything as such was registered from her side .

And later on mail she had agreed that my suspension was on till 15 th April as per resignation .

i waited till 15 April for her to get back to me with her feedback but she confirm in our meeting that nothing came out .

Now i had asked her to clear my salary for entire period of my suspension and she is asking me by which law i m asking her to pay me entire salary for suspension period .

pls can you help me with it , is there any such law where i am entitled to get the entire salary and if so its under which act or law .

Awaiting your reply as earliest as possible .

Also please do let me know how to go about it .

PRANJAL PANDEY   11 May 2013 at 14:37

Psu to psu bond transfer

Dear Sir,
i am under training period at a PSU and have executed a bond amounting rs.3 lakhs

I have also been recently selected in a higher paying PSU and want to join the same.
there is no bond in this 2nd PSU. I have read somewhere that govt Of India has issued the directions to PSUs regarding bond transfer such that if a person shifts from one psu to another psu his/her bond liabilities be transferred to the 2nd company ..However my present psu says that recently its board members have changed the rules and they won't allow any bond transfer and i'll have to pay the above-mentioned amount if i want to join the 2nd PSU...

Kindly tell me if some rules have been changed by the department of public enterprises or still can i get my bond transferred by communicating through proper channels.

Thanks

no pain no gain....   11 May 2013 at 00:41

Employers rights against wrong allegation made by the employee in labour office

Dear Sir,

One of my relative has faced the following issue.

They have employed 1 employee and he has fabricated his relieving letter of previous company and knowledge skills at the time of interview. After 15-20 days his manager realized that he is not capable of doing job assigned to him. He has issue him warning letter cum termination letter stating that he will not be able to get any salary from today onwards and is terminated.

Company also runs a training center so he request them to train him and against that that employee will pay monthly fees to them. Now after 1 month of training he suddenly disappear and joined some union and has now compliant about them in labour office.

He was duly paid till the date of termination letter. All payments were through bank and was given offer letter only. He has taken advance also.

Please tell me the rights the company have against such employees
Please help in solving this your valuable advise is required.

Thanks

Himadri Shekhar Bhattacharjee   10 May 2013 at 17:31

Da rate for calculation of leave encashment

Suppose, an employee is on suspension wef 12th Aug2010 till date and he gets compulsory retirement on 10.05.2013. Now, in calculation of his leave encashment, DA at what rate will be taken into account, rate prevailing as on 12-08-2010, ie on the date of suspension or as on 10-05-2013 ie the date of getting the CRS?

Himadri Shekhar Bhattacharjee   10 May 2013 at 17:27

Da rate for calculation of gratuity

Suppose, an employee is on suspension wef 12th Aug2010 till date and he gets compulsory retirement on 10.05.2013. Now, in calculation of his gratuity. Now, as per payment of gratuity act 1972, as amended till date, DA at what rate will be taken into account, rate prevailing as on 12-08-2010, ie on the date of suspension or as on 10-05-2013 ie the date of getting the CRS?

meenal   10 May 2013 at 17:21

Service regularisation

dear sir / madm
Kindly help me to guide if a person successfully completes his contract period in state goverment under taking company and on the time of regularisation company release a order to extend their contract period instead of regularising them. What they can do? According to company's recruitment advertisement they published that after completion of 2 years contract period sucessfully candidates would tend to regularise, but now they are not keeping thier words.
Please guide me what we have points to claim the company for regularising employees. I will wait for your good guidence as it is question of several lifes. thank you

anil verma (registeronlyfree)   10 May 2013 at 09:38

Remand for the second time on same issue

Sir, one of my case relating to service matter has been re-remanded before Labour court to record a find on the issue decided earlier under the direction of Hon'ble High Court within 4 months. The time period has already expired on March 08, 2013 and the arguments on issue no-5 were concluded in last week of April and the award has been reserved for judgment. My apprehension is that the existing Presiding Officer, as I have come to know is finally getting retired in the coming month of June last and the Labour Court does not function in June month.
Prima-facie , the Presiding Officer is presently not interested in passing the order as he proceed on leave from 15 of May, 2013.
In my case only workman point as decided earlier has to be re- decided with findings and the rest of the award has been upheld by the Honorable Supreme Court too. My employer is notorious and would leave no stone untouched not to get the issue decided by this Presiding Officer and if it happens so the Labour Court after June, 2013 will become vacant and who so ever next comes whenever will certainly reopen the case and will then decide the matter afresh, thus depriving/leaving me without any monetary gain in terms of re-reinstatement or 17-B which has been denied in my case earlier.
If the Presiding Officer does not pass the order, what is the alternate remedy left with me to get my case decided before his retirement time?
If I file contempt application, will it serve any purpose? Or even then the High Court In summer is not functioning and the Presiding Officer get retired after 25 June, 2013?
Pl suggest me what to do and how to seek effective remedy so as to get the order passed whatsoever in nature whether in my favour or against as early as possible. More than 14 days have passed while order has been reserved.