Kamal Verma
29 April 2013 at 15:00
Dear Sir,
I have join the Deligent Networks on Nov'12 as a Manager, In my appointment letter "salary will be 40000.00 per month" was written no salary breakup was given, and any notice regarding about probation period was not mentioned.
I have paid by improperly but leaves amount were not deducted in my monthly salary.
But because of improper managment & environmental I left my the company in April 2013
After all the handover, I left the co on 22th April 2013 and regularly followed up with the company to provide me my last salary & releiving letter, work exp letter, and dues. But company has told me to provide all the leaves details from joining till last day and now they have decide to deduct all the leave amount (which I have taken from joining to till last day)and They calculating per leave amount as simply dividing per month salary by 30/31 days (e.g. leave amount is 40000/30= 1333 per leave)and are giving the remaining amount.
I have denied their offer and demand the salary break-up along with employee leave details, but they are refusing to provide the same and saying that during probation period no leave given.
Please tell me how I get my money and teach the lesson to the company that in future they will not repeat this again.
Thanks
naveen lohia
29 April 2013 at 10:23
I left my last company in 14th March 2013 after 3.5 yrs of service and duly giving a 1 months notice period.
My initial offer letter had mentioned a min 2 months notice period or base pay to be given if short notice period was server. I offered to abide by the same and during my notice period did my complete handover.
My immediate reporting boss approved of my resignation and had sought from the internal HR team to relieve me as per my request i.e. within 1 month.
The HR initially dilly-dallied on the notice period and 1 week prior to my last day in the company - asked me to extend my stay for another 15 days. I was unable to do the same as commitments were already done with my future company.
After all the handover, I left the co on 14th March 2013 and regularly followed up with the HR to provide me my releiving letter, work exp letter, FnF, and dues. The HR has not responded back even after 1.5 months and based on that I sent them a legal notice from a lawyer on 15th April.
The HR has not responded and I am still waiting for my dues
Please suggest as to what is to be done
Thanks
Member (Account Deleted)
29 April 2013 at 00:48
Please suggest some quality yearly digests and monthly journals for finding out citations/judgments related to labour and service law.
anil verma (registeronlyfree)
28 April 2013 at 22:35
sir one again sorry and regret to say no reply has been received by me. all in spam mail not opening.
pl excuse me for continuous query.
SLP PENDING PROCEEDINGS IN LABOUR COURT UNDER SUMMARY TRIAL BY REMAND ORDER OF HON'BLE HIGH COURT.
In one of my case, the hon'ble High court has remanded one of several issues framed before labour court to be decided afresh upholding rest of the award.
against this remand the employer has filed clarification application before High court which also has been rejected.
the summary trial proceedings are still pending before the labour court and the issue remanded is yet to be decided, the employer has filed SLP before the hon'ble supreme court, facts of which are not known.
are employer justified in filing SLP during pendency of summary trial yet to be concluded.
the high has held 80 % award in my favour. pl suggest me what to do and how to counter the said act of the employer?
Member (Account Deleted)
28 April 2013 at 00:54
Respected experts,
What questions can be asked to an employee in cross examination to prove that there was no relationship of master employee. In fact, there was none.
Written statement stands filed questioning the locus standi of the person for filling statement of claim. It is a reference by appropriate government. Kindly advise.
anil verma (registeronlyfree)
27 April 2013 at 22:13
SLP PENDING PROCEEDINGS IN LABOUR COURT UNDER SUMMARY TRIAL BY REMAND ORDER OF HON'BLE HIGH COURT.
In one of my case, the hon'ble High court has remanded one of several issues framed before labour court to be decided afresh upholding rest of the award.
against this remand the employer has filed clarification application before High court which also has been rejected.
the summary trial proceedings are still pending before the labour court and the issue remanded is yet to be decided, the employer has filed SLP before the hon'ble supreme court, facts of which are not known.
are employer justified in filing SLP during pendency of summary trial yet to be concluded.
the high has held 80 % award in my favour. pl suggest me what to do and how to counter the said act of the employer?
Sir all the reply has been received under spam mail, hence no information Pl reply again, it is very important.
kamal kumar
27 April 2013 at 19:06
Hi to All Experts,
Can anybody suggest me regarding time frame for filing the Statutory Complaint in the Army, as far I am concerned that is 60 days from the date of punishment. But some how we delay in filing the complaint, for the same can we go through with the condolence appeal after expiry of the prescribed time frame. And if yes is this in the rules, then please give the reference.
With regards...
anil verma (registeronlyfree)
27 April 2013 at 18:39
SLP PENDING PROCEEDINGS IN LABOUR COURT UNDER SUMMARY TRIAL BY REMAND ORDER OF HON'BLE HIGH COURT.
In one of my case, the hon'ble High court has remanded one of several issues framed before labour court to be decided afresh upholding rest of the award.
against this remand the employer has filed clarification application before High court which also has been rejected.
the summary trial proceedings are still pending before the labour court and the issue remanded is yet to be decided, the employer has filed SLP before the hon'ble supreme court, facts of which are not known.
are employer justified in filing SLP during pendency of summary trial yet to be concluded.
the high has held 80 % award in my favour. pl suggest me what to do and how to counter the said act of the employer?
ANAND T MALUSARE
27 April 2013 at 14:47
appointment was on deputation for one year by absorption. absorption order was mentioning joining dated. services are transferred without break in service ( leaves, PF etc are transfer to present department).
Department was passed resolution for seniority i.e. for deputationiest joining date is be consider for seniority and Gom resolution was passed and services are considered as "Old Service".
Other 3 persons r on deputation. 2 r retired and parent dept services are considered for promotions and retirement dues. 1 person was promoted on 31.12.03 on senior post.
other all remaining officers / staff are on redeployment basis ( fresh appointment )
The judgment was delivered by Hon. Supreme Court is as……K Madhavan and Anr Vs Union of India and Ors etc., Judgment dated 09/10/1987.
so which will be joining date is consider for seniority.
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Minimum & maximum age of an employee
Dear Sir,
I would like to know Minimum & Maximum age of an employee, in such organization where ESI & PF act are applicable.