Mehboob Khan
01 April 2013 at 03:08
HI,
I have been associated with a company for more than 6 years and was promoted on several occasions in my tenure. I joined the company on 5th Jan 2005 and resigned on 29th April 2011 on immediate basis without serving the notice period and joined another company. Also my Salary for that month was not credited to my salary a/c nor a cheque received.
Later on 11th Aug 2011, we were detained by the the cyber police under ipc sec 408, 34, 66B & 72A. As our previous company complained that we have stolen their data which is freely available on search engines. Also the data they claim to be stolen is not owned or purchased by the company. We were granted bail by the court after 60 days as the police failed to submit chargesheet. Till date the charge sheet is not submitted. As per the previous query experts advised me to go for quashing.
However, my query now is that am I eligible to get gratuity as i served the company for more than 6 yrs but left the company on immediate basis and resigned by sending my resignation letter via e-mail to the concerned authorities. But I did left my last months salary with the company which was not deposited to my salary a/c. Also recently I filled my Provident Fund form and submitted the same at that company.
The company dont seem to clear my dues as they have filed a criminal case against us.
Is it possible that the company can stop my gratuity and my last month salary which i did not receive. Also can the company stop and not clear my pf dues as they have made criminal proceedings against us???
Please Advice..... !!!!
Amit
01 April 2013 at 00:11
Hi,
i workd with an b.p.o co. at delhi and left for my hometown on dec 19 ,2012 without giving a proper leav applicatn....as it was an unexpectd leav..i just informd my managrs over ph. that my dad wasn't well....and i just can't assure whn i wud b back....they permited me...2 months pasd by and i intimated them ovr the ph.that i wud b resigning...but they dint ask for a writn consent ...moreovr they said they wud wait bk for me...now that i cudnt turn up...an official letr datd.15 mar2013 landed on 25 mar.stating that ""your resignation is acceptd and aftr holding the salary for jan 2013...aditionaly u hav to pay a notic pd recovry amount ofaround 5000rs. including p.f and i.cardexpenses
my ques.are
1.is the co. rightly doing this as i hvnt consented a writn resignation... what are the powers of the co.regarding recovery of dues...?
2.can the managemnt b explaind that i wudnt b abl to pay back evn a penny due to circumstancial restraints...?
3.the job contract b/w. us was not on legal papers...can the co.initiate legal actions against me?
4.do the ful and final setlmnt amt.eventualy increases and does the employee also hav to bear intrest upon it if nt paid in time...?
5.if a co. say xyz ltd. offers a job and hands ovr an offer letter to its candidate...but if the candidate turns down the offr...can the co. stil impose any contractual and legal obligation upon the candidate?
thankin u in anticipation for ur beneficial resolutions to my queries...""
ashok thakker
31 March 2013 at 20:45
Sir,
We are into Tea Warehousing business, being seasonal business we employ daily workers to up up to seasonal pressure of work over and above permanent workers.Are we liable to pay ESI subscription for daily workers and how as they are migrant in nature they change employer to their chice and whims.
please guide,
regards,
ashok thakker
SRIPATI KUMAR SWAIN
31 March 2013 at 15:42
Dear Seniors,
If an employer asks an employee to resign before completing 5 yrs due to downsigning of work force, will that employee can claim Gratuity as employer has asked him to go for their compulsions. Actually most of the employees have completed 4 yrs. Pl advice.
Regards
Sripati
ptc
31 March 2013 at 11:34
Sir/Madam,
I was working for a mnc company in Noida. And I signed a bond agreement of 18 months that said, if I fail to serve the company I have to pay Rs1,25,000. I worked for 10 months. But then could not continue due to health issues. I requested my HR to transfer me to my native place,Bangalore. But he refused saying they had no business opportunities there. I had no choice but to come back home. I did not resign but constantly requested for transfer. They sent a letter saying my records in the company will be closed on 7th oct 2012.
In the letter they mentioned I was not communicating with the company. But that was not true. My HR had stopped responding to my e-mails.
Now they are asking me to pay a amount of Rs1,45,000. I cannot afford to pay that amount. Please suggest a solution for my problem.
PBS KUMAR
31 March 2013 at 09:59
Dear EXPERTS,
Please note as per the Factories Act, Sec,79 " EVERY WORKER WHO HAS WORKED FOR A PERIOD OF 240 DAYS OR MORE IN A FACTORY DURING A CALENDER YEAR SHALL BE ALLOWED DURING THE SUBSEQUENT CALENDER YEAR, LEAVE WITH A NUMBER OF DAYS CALCULATED AT THE RATE OF ;
(i) If an adult, one day for every twenty days of work performed by him during the previous calander year.
QUESTION:
While taken the above, the twenty days are excluding WEEKLY OFFs , NATIONAL AND FESTIVAL HOLIDAYS, OTHER LEAVE DAYS.( Approved CLs, SLs etc) OR including the above.
In some industries they are excluding and some are including for the calculation of 20 days of working day 1 EL / PL / Annual Leave.
WHICH VERSION IS TRUE ?
Regards,
PBS KUMAR
snehashree
31 March 2013 at 08:18
Dear SIr/Ma;am,
I was working as an Administrative Officer in one of the private schools in Maharashtra. My total caryy home pay was around Rs 25000 per month. After one month of joining services I applied tot eh Secretary of the school and took approval from him for increasing contribution to Rs 20K per month because I could afford it. After one and half years I had to resign the job due to family commitments and applied for final with drawal. The EPF authorities responded after five mponths period and rejected the claim saying that the contribution amount is more than authorised. I appealed against the rejection by stating that they can not reject the claim after accepting the contribution and using my money for eighteen months. I also approached the RPFC II Pune through EPFiGMS web site for redressal of grievances. The Inqyiry office appeared to be partial and informed me through email that the account number given is wrong and I should provide correct number and he has closed the case. After three months of constant communication, he is not respondiong to my emails. What course of action is advisable for me? I need money for my BHAVISHYA NIRVAH.
Thanks and warm regards.
Shrikant
vinodkumar
30 March 2013 at 22:21
MY FATHER SERVICING AS STATE GOVT EMPLOYEE IN GUJARAT POLICE SRP. DURING SERVICE HE DIED IN YEAR 2000. I APPLY FOR JOB ON COMPENSATION GROUND AFTER ONE MONTH, IN THAT YEAR, IN DEPARTMENTAL OFFICE OF MY FATHER JOB PLACE, AFTER MY APPLICATION CORRESPNDENCE , IN YEAR 2010 THE HEAD DEPARTMENT OF GOVT OF GUJARAT REJECT MY APPLICATION, REASON ONLY THAT, MY APPLICATION IS DELAY OF SIX MONTH. I FURTHER INQUIRE IN THIS THEN I CAME TO KNOW THAT, ALTHOUG MY APPLICATION IS IN TIME LIMIT BUT INWARD CLERK NOT RAGISTAR THE SAME IN HIS RECORD SO. I SUFFER THAT MISTAKE AND THE HEAD DEPARTMENT REJECT MY APPLICATION, NOW THE HEAD DEPARTMENT NOT ACCEPT THEIR MISTEK AND CLEAR DENAY TO GIVE ME A JOB, IN THIS SITUTATION FROM WHER I FILE MY SERVICE MATER IN HIGHCOURT OF GUJARAT UNDER WHICH ACT? WHAT ANY LIMITATION BARRED ME FOR APPROCH IN HIGH COURT?
Jaggy
30 March 2013 at 14:52
Hi,
I am in a dilemma to get NOC from railways to incometax because still am in sports quota bond of 5 years, I joined in 17/7/2009, but meanwhile I got better job in incometax dept, when I joined railways my pay was 5200-20200-1900gradepay now it's 5200-20200-2400gradepay, even the job I am about to get is 5200-20200-2400gradepay in incometax, please suggest me procedure to get NOC? And Can I resign this present job if they deny NOC ?
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Junior gets salary higher than that of a senior in the govt. service
Sir,
At the outset I beg to u to give me the opportunity for showing my gratitude to this website for such opportunity to individual regarding the allotment of vistas for resolving of complex matters of legality . Sir, my question is that I work under Govt. of Tripura as a Clerk. I ranked among the batchmates and I receive the same salary as my juniors get. I have got promotion in the moth of October,2006. I was offered to give my option to either A or B regarding fixing up my basic pay. The option A is meant to confirm fixation date as on 01.01.2006 which is the date of commencement of the pay review effect . Whereas my juniors who have opted B is meant for showing a ratification regarding fixing up of their basic pay right from the date of promotion which is 1.10.2006. Now in this process , my basic pay is calcullated at a reduced rate than that of my juniors who have opted option B at the time of promotion.
Meanwhile , there is an option of Stepping up in the RoP 2009 ,Govt. of Tripura and that is meant for alleviating the basic pay of senior in order to make it equivalent to that of the junior in the possible case of receipt of one increment for being at the existing post for a period of ten years and then receiving promotion followed by the receipt of such increament by a junior in the subsequent year of promotion by the senior. This is in comparisn to the case of senior who gets promotion before expiry of ten years.
Under the above circumstanc is it legal to seek for redress from the department by requesting first to make necessary adjustment of the basic pay of the senior equivalent to that of the junior by stepping up of basic pay ?
Here the notable fact is that both the senior and junior have entered into the service as lower Division Clerk in same date. The seniority list is determined on the basis of merit list made by the public service commission of the State. The case of such difference has occured in the promotion to next post in the same date,month and year after a service tenure of 6 years by both of them. The main reason for such difference is due to choosing of options.