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

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Rahul Sharma   11 April 2013 at 16:57

Gratuity in proprietership company

Hi Sir and Mam,

I am working as a IT system admin for a small proprietorship company registered in Mumbai and I was posted in Delhi. My appointment letter and place of posting is Delhi.
I want to now retire and thus gave my resignation complete with the notice and requesting them to wave off my notice. My PF is deducted monthly. I have completed 5 years and 10 months here. My company is now silent on my gratuity. It says that gratuity was not written in my appointment letter so gratuity cannot be claimed by me.
I have been doing my own business earlier in computer hardware and this is my first job in life and I dont know what is the correct rule. Some friends tell me that gratuity is to be there. Some say it is not there because in appointment letter it is not written. Number of staff in Mumbai and Delhi offices total is 35. I am 49 years old now. I joined when I was 43 years old.
Please advice.

DR.V.NEELAKANDAN   11 April 2013 at 14:15

Gratuity

I am a retired government servant.In 1994 I joined a private company and continuing till this moment.Now i am intending to quit the service. my p f subscription and e s i have been terminated and applied for the final payment. I have more than 17 years of service.Am I ELIGIBLE TO GET GRATUITY Management says that I HAVE NO ELIGIBILITY TO GET GRATUITY SINCE I JOINED ONLY AFTER MY 55TH AGE. Superannuation age of this company is fixed at the age of 58 But as a technical staff I continued there drawing salary and paying esi and pf subscriptions THANKS FOR THE EXPERT OPINIONSIR
I WANT TO KNOW WHETHER AN EMPLOYEE IS ELIGIBLE FOR GRATUITY IF HE JOINS A COMPANY AFTER HIS 55TH BIRTH DAY AND CONTINUES FOR THE NEXT 17 YEARS AS A TECHNICAL STAFF AS PER STATUTORY NEEDS DRAWING SALARY AND PAYING SUBSCRIPTIONS TO P F AND ES I.THE GOVT DEPT HAS APPROVED MY APPOINTMENT AS A TECHNICAL STAFF;IN SUCH A CONDITION AM I ELIGIBLE FOR GRATUITY

Kanniga   11 April 2013 at 13:14

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????

Sandesh   11 April 2013 at 12:40

Earned leave calculation

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

Esi exmption for executives

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

Maternity leave in andhra pradesh school service

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

Pf act applicability

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

Working hours

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

Bad judgments remaining unchallenged

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

Bad judgments remaining unchallenged

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