Sandesh
11 April 2013 at 12:40
Our Company is under Factory's Act. We have the HR Consultants for calculating the Leave records. I want to know what are the Earned Leave, Sick Leave, Casual Leave Rules as per Factory's Act?
Also for calculating the Leave Earned by an Employee whether Weekly Offs & Paid holidays are deducted & calculated on Actual days work?
Please let me know.
Best regards
ashok thakker
11 April 2013 at 09:47
Sir,
Mine is a proprietorship co. I pay salary to my son of Rs 165000/- per year. Now as per advice we have to introduce ESI scheme in company, can highly paid employees be exempt from contribution in ESI ? What is ceiling limit of exemption for the matter ? Pl guide....
regards,
ashok thakker
VISHWANATH
10 April 2013 at 16:58
Sir,
My wife is a school teacher in andhra pradesh education department. my questions in regard to maternity leave are
1. When can a maternity leave can be availed i.e., specific dates
2. my wife school last working day is 23/04/2013 and my wife delivery date is 24/04/2013.
3.are there any specified government orders in regard to from when the leave can be availed i.e., with dates
Sir,
My question we had planned that if the delivery dates fall in the summer vacation then we can avail the whole summer vacation and when the school reopens she can apply for maternity leave for example my wife delivers a baby after completion of academic year i.e.,23/04/2013 from this date the summer vacation starts which are about 50 days odd. Then she can avail these 50days and then she can apply for maternity leave which is of 180 days can she do this if yes how can she? if no give a specific reason with some government orders of central or state
VISHAL RANA,AMFI,CA,CS Final,B
10 April 2013 at 15:25
Our Company engaged in execution of Infrastructure Contracts.
Due to heavy work load company has outsourced his Contracts to individual contractors for execution.
my query is that
1. whether labour appointed by contractors
for execution of outsourced work alloted
to Contractors covered under Provident
fund act.
2. who is liable to obtain PF No,Contractor
or Outsourced Company.
3. who is liable to deduct PF.
Thanks & Regards
vinoj prabhu
09 April 2013 at 15:21
Hi,
I am a female, working in a car sales showroom chennai as asst.manager (newly joined - in probationary period)
1. What is the maximum working hours per day? ( I work between 9.30a.m - 6.30 pm Mon -sat includes 30 mins break. and few days made to stay longer for an hour or two)
2. What is the minimum break between two shifts? (I am being made to work till 12a.m few days and asked to come back at 9.30am the next day)
3. Is there any law to provide pickup/drop or compensation for travel if I am being made to work till late night)
4. after working between 9.30am and 6.30 pm, I am being made to work in events(car show in hotels or other places) till midnight. is this legal?
5. I am not being paid for the extra hours I work. is this legal?
Note: during appointment, I was not given any specific timing for work. just a job description which had general office works and mentioning I have to do events if required and any other work given by manager).
Navin Pandya
09 April 2013 at 08:55
Dear Legal Experts,
Namaste!
Because of judicial corruption, there are bad judgments for litigations. If bad judgments remain uncontested & quoted in other matters, will it not be injustice? Are bad judgments are reported in Law Reports? Was IDA 315 of 1990, Labour Court, Mumbai was reported in Law Reports? Judgment in IDA 315 of 1990 by Labour Court Mumbai was bad judgment & my appeal against same in HC was dismissed by Justice Nishita Mhatre without going into merits of the case & using her discretion to condon delay.
Do victims of injustice have to suffer because of bad laws & bad judges?
Best regards,
Navin Pandya
Navin Pandya
09 April 2013 at 08:53
Dear Legal Experts,
Namaste!
Because of judicial corruption, there are bad judgments for litigations. If bad judgments remain uncontested & quoted in other matters, will it not be injustice? Are bad judgments are reported in Law Reports? Was IDA 315 of 1990, Labour Court, Mumbai was reported in Law Reports? Judgment in IDA 315 of 1990 by Labour Court Mumbai was bad judgment & my appeal against same in HC was dismissed by Justice Nishita Mhatre without going into merits of the case & using her discretion to condon delay.
Do victims of injustice have to suffer because of bad laws & bad judges?
Best regards,
Navin Pandya
Abhishek
08 April 2013 at 22:09
Dear Sir/Madam,
A week back I had received a job offer. A scanned copy of the offer letter was sent to my email and per return mail, I had accepted the offer. It was mentioned that after background verification, medical check etc., upon joining, a formal letter of Appointment will be given upon joining.
Now, based on current circumstances, I have decided not to join the organisation. I am planning to call them and inform that I will not be joining and have to decline the offer.
In the Offer Letter, they have mentioned - 'You are requested to join on XYZ date'. There is no indemnity clause for not being able to join. Moreover I have borne all the expenses of travelling out of station and face interview. I have not received any compensation or consideration from the organisation.
Can they take legal action against me for declining the offer after accepting it? And it has been just a week, so I am not wasting much of their time although they are in hurry to take someone on board?
Thanks.
NAVIN SURTI
08 April 2013 at 20:47
Dear Sir/Madam,
Below is the Final order of Divisional Bench of Bombay High Court.
My Query is as follow :-
1)For how long peroid comnay can keep this order without implementing Bombay High Court Order ?
2) When company will approch Supreme Court Of Indai ?
3) How will v understand that Company have approch Supreme Court ?
4) How to check in Supreme Court ?
5) what to do against non implementing of order ?
Thanks,
Navin
Bombay High Court
LPA.127.2008.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE
LETTERS PATENT APPEAL NO. 127 OF 2008
IN
CIVIL WRIT PETITION NO. 3505 OF 2006
M/s. Modi Rubber Limited :Appellant
versus
Mr. B. Joseph and Ors. :Respondents
WITH
CIVIL APPLICATION NO. 208 OF 2007
IN
LETTERS PATENT APPEAL NO. 127 OF 2008
Mr. K. S. Bapat, with Mr. Jayesh Desai, i/b. M/s. Desai Desai
Associates, for the Appellant.
Mr. Y. M. Pendse, for the Respondents.
CORAM :- A.M.KHANWILKAR &
MRS.MRIDULA BHATKAR,JJ.
DATED :- NOVEMBER 27, 2012
P.C. :-
Heard Counsel for the parties. This Appeal takes
exception to the decision of the Learned Single Judge of this Court
dated 8th November, 2006, dismissing Writ Petition No. 3505 of
2006, which, in turn, took exception to the order passed by
Industrial Court, dated 25th August, 2005. The only point raised
before the Learned Single Judge, as can be discerned from the
Page 1 of 4
J.V.Salunke,PA
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Bombay High Court
LPA.127.2008.doc
Judgment under challenge, is that the Petitioner company being
sick industrial unit and its office at Mumbai was non functional,
the matter went by default and no evidence could be adduced on
behalf of the Petitioner company, in defence. This argument has
been negatived by the Learned Single Judge on the finding that no
evidence in that regard was produced before the Industrial Court
nor even a plea was taken by the Petitioner company before the
Industrial Court. As regards that opinion is concerned, the same is
unexceptionable. Even the Counsel for the Petitioner company, in
all fairness, submits that the said plea was taken by the Petitioner
company, for the first time, in the memo of Writ Petition, in
Paragraph 10 thereof. In Paragraph 10, it is asserted by the
Petitioner that the office at Mumbai was non functional and closed.
Not even a single employee was on the payroll of the employer.
Resultantly, no one deposed on behalf of the company, before the
Industrial Court.
2) Notably, the Petitioner company was represented by
Advocate, before the Industrial Court and the matter was
contested on behalf of the company by the Advocate. Nothing
prevented the Advocate for the Petitioner company to file formal
Page 2 of 4
J.V.Salunke,PA
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Bombay High Court
LPA.127.2008.doc
application pointing out the difficulty or inability in producing
witness to be examined on behalf of the Petitioner company, from
Mumbai. No affidavit of the Advocate has been filed in support
that he did not get any instructions from the Petitioner company at
all and proceeded with the matter on his own. No such stand has
been taken in the Writ Petition. In the circumstances, we find no
reason to deviate from the opinion recorded by the Learned Single
Judge, in rejecting the said contention raised for the first time, by
way of Writ Petition.
3) Counsel for the Appellant then submits that in any
case, there is one legal issue that needs to be considered in the
present Appeal. He submits that except the four Respondents
before this Court, all other workers have accepted the settlement
arrived at with them, respectively. As regards the four
Respondents in this Appeal, only one of them entered the witness
box. There is no evidence that each of the Respondent was
unemployed during the relevant period so as to become entitled
for the relief granted by the Industrial Court, as a matter of course.
According to him, it was necessary for the Industrial Court as also
to the Learned Single Judge to consider whether the four
Page 3 of 4
J.V.Salunke,PA
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Bombay High Court
LPA.127.2008.doc
Respondents in the present Appeal were entitled to get entire back
wages for the relevant period between 2001 till 2008, in absence
of such evidence. As regards this contention, it is noticed that no
such plea was taken before the Industrial Court. There is nothing
in the Judgment of the Industrial Court that the Petitioner
company resisted the relief as granted by the Industrial Court in
any manner, except on other issues. Moreover, no such plea has
been taken in the memo of Writ Petition, which was filed in this
Court; and considered by the Learned Single Judge. Notably, this
plea was not raised before the Learned Single Judge. The
Appellant company cannot be permitted to raise new grounds, for
the first time in the Letters Patent Appeal.
4) In the circumstances, this Appeal fails. The same is
dismissed. In view of dismissal of the Appeal, the Civil Application
is also disposed of.
(MRS.MRIDULA BHATKAR,J.) (A.M.KHANWILKAR,J.)
Page 4 of 4
J.V.Salunke,PA
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Tn govt intercaste marriage employment
Dear Sir,
My self under BC Community(Diplamo Comp Engineering) & My Husband under SC Community (Mechanical Engineering). We already have registered our Marriage & we already have registered our Degrees in Employment. Now how can we register that we married Inter caste for TN GOVT Inter caste Marriage employment scheme????