S Raghuvanshi
10 March 2013 at 18:28
My father at the time of appointment in Himachal PWD as Beldar in the year Aug 1989, has submitted self certificate (affidavit) & Med certificate for date of birth (DOB as 1947)after completion of temp service. Later, on the basis a complain he was charge sheeted for difference in date of birth of 10 years when compared to Panchayt records. These panchayats and records, in fact, came into existence in 1971 in HP. Records says date of birth as year 1937. Later Inquiry started in 2004 and there was no suspension. Lastly the charges found true by the inquiry officer. Officials issued a order on 02 Feb 2006 as "You attained the age of superannuation on 30-06-1997 is hereby retired from Govt service retrospective effect i.e. 30-06-1997". Accordingly total service 1989 to 2006 (Appx 16 years) reduced to 1989 to 1997 (Appx 8 years) making ineligible for pension (pensionable service 10 years). Also later Leave encashment, DCRG was paid which was applicable as on 30-06-1997. No recovery was made from salary. My question/query from the kind experts is that 1. whether my father is eligible for any pension from 2006. 2. Whether he is eligible for Leave encashement and DCRG upto 2006?
soomedh
10 March 2013 at 10:33
Sir, i am working on contractual basis for 4 years,i am on client end which is a govt. organisation,we(me and my counterparts)have been told that we are on daily wages basis but we are paid monthly, we do not get any casual leave or medical leave, and for any emergency leave taken by us, money is deducted for that day. i would like to know from you that whether we come under daily wages basis or monthly wages basis? can we get the benefits of leave? please guide us
Biplab Swain
09 March 2013 at 23:27
Our Association is registered under Trade union Act and we are interested in providing ESI to our member workers.
On small question, is it mandatory to enroll for EPF also to get ESI or can we have ESI only?
Kumar Doab
09 March 2013 at 21:23
FOR THE INFORMATION:
Cap for applicability of Payment of Wages Act, 1936 increased to Rs. 18,000 per month
NOTIFICATION NO. SO 2260(E), DATED 11-09-2012
SECTION 1(6) OF THE PAYMENT OF WAGES ACT, 1936 - WAGES PAYABLE TO AN EMPLOYED PERSON - SPECIFIED AMOUNT OF WAGES PAYABLE UNDER SECTION 1(6)
NOTIFICATION NO. SO 2260(E), DATED 11-9-2012
In exercise of the powers conferred by sub-section (6) of section 1 of Payment of Wages Act, 1936 (4 of 1936), the Central Government, on the basis of figures of the Consumer Expenditure Survey published by the National Sample Survey Organisation, hereby specifies Rupees eighteen thousand per month as the wages under said sub-section (6).
devineali
09 March 2013 at 17:10
Hello!
Sir, My Name is FAISAL from LUCKNOW UP and Working at Same in Construction Company.
i have an issue to clarfy-
Dose Gratuity deducted from employee salary and its part of CTC. does any rule exists .....
I asked from my HR. he said its new rule ... or order for UP
Please tell me it can be .... or tell me any point that can cover this (duduction of gratuity from salary).
Sri T.S.Raghunath
09 March 2013 at 14:07
Whether Industrial Tribunals are having jurisdiction to try Post Office Staff, who are already having channel thro Central Administrative tribunals ?
Navin Pandya
09 March 2013 at 09:12
Dear Sirs,
Namaste!
Very brief details:
For exposing mismanagement,unfair labour practices & protesting against exploitation, I was dismissed from M&M Ltd. without notice, notice pay,without providing enough opportunity for my say against bogus enquiry report in 1991.
Even though I was committee member of M&M Officers Association & my dispute for promotion was pending in Labour Court, the company didnot take permission from the Labour Court.
Because of false pleadings of the company, I was declared 'not a workman'.
The company didnot produce Board Resolution for litigation,Power of Attorney in favour of person signing pleadings even though they violated Order 29 of Civil Procedure Code.
I wanted to settle the dispute out-of-court & through Lok Adalat but company not responding.
Recently, Labour Court rejected my Application for Condonation of Delay in violation of Hon. Supreme Court Guidelines & closed the matter. I am Petitioner-in-Person.
I had explored for out-of -court amicable settlement through various Govt Authorities like Ministry of Corporate Affairs,Chief Minister, Labour Minister, Labour Commissioner etc. etc.
In fact, my unjust dismissal was a criminal conspiracy by the company.
I have all evidences of my innocence.
Kindly guide me about further course of action at the earliest.
With best regards,
Yours sincerely,
Navin Pandya
ROHIT
08 March 2013 at 08:42
on 19th of July 2012, around 4:30 in the morning, me and five other employees met with a road accident while going back to home from company on companies transport. some of us were badly injured in the incident and i suffered an ACL INJURY on my left knee. initially my injury was not diagnosed as ACL INJURY REQUIRE MRI SCAN to be detected. my doctors advised me to rest for a month and two so that swelling gets over and MRI can be done. company supported me throughout by providing me leaves and i rejoined office a month later however, my knee was not normal and i was facing problems, i discussed the issue with my OPERATIONS MANAGER, TEAM LEADER AND BHR and they assured me that company will bear the expenses if i need to undergo the surgery.
my doctors advised me to underwent surgery, and on 8TH OF DECEMBER 2012 I underwent the ACL RECONSTRUCTION SURGERY IN SIR GANGARAM HOSPITAL, before going for the surgery i INFORMED ALL THE SUPERIORS CONCERNED AND GOT THE ASSURANCE THAT ALL THE EXPENSES WILL BE REIMBURSED.
total cost of my surgery came around rs.1,15000/- out of which 65000/- were paid by mediclaim.
i rejoined office on 21st of jan 2013, however i applied for the reimbursement on 18th January by e-mail. now i requested a total of approx rs.36000/- to be reimbursed but I AM NOT GETTING ANY REVERT EVEN AFTER GETTING IN TOUCH WITH ALL SUPERVISORS AND HR MANAGERS, BUT NO ONE HAS GIVEN ME ANY HOPE THAT I WILL BE REIMBURSED FOR THE AMOUNT TILL DATE.ON 28TH OF FEBRUARY 2013 THE PROCESS I WAS WORKING WITH IS SHIFTING ITS COMPLETE BUSINESS TO MUMBAI, AND NOW I AM LOSING ALL MY HOPES TO GET MY MONEY.
THE AMOUNT MEANS ALOT TO ME AS I HAVE TAKEN LOAN FROM MY RELATIVES ON BIENG ASSURED BY THE COMPANY THAT I WILL GET THE EXPENSES. PLEASE REVERT AS SOON AS POSSIBLE AND PROVIDE ME A RESOLUTION
regards,
rohit arora
Vijay
07 March 2013 at 18:40
There is one Company having it's corporate office in MIDC area with ssufficient number of employee and having no manufacturing activity.
Whether that company is required to apply for Shops & Establishment License?
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Pay fixation for new recruits after 1-1-2006 from gp 4600 to gp 5400 (pay band iii)
Dear Sir
I am looking for your kind legal advice which is concerned to my pay fixation under sixth pay commission as new appointment after 01-01-2006 where I was freshly appointed from GP 4600 to 5400 ( pay band II to pay band III)
On 16th may 2011, I have been appointed as scientist-I in pay band-3 (15600-39100; GP-5400) at the initial pay of 15600/- Before that I was working as scientist II in same organization in the pay band 2 (9300-34400; GP 4600) at the pay of Rs 21460/-(pay band 16860 + GP 4600).
On joining, I opted for the fixation of my pay (as applicable) at the date of next increment (DNI) i,e, on 1st July 2011. The competent authority has reduced my pay in the pay band from Rs. 16860 to 16060/- and provided the total pay as such i,e, Rs. 21460 ( saying that my pay has been protected according to the new rule of 6CPC; DOPT Office Memorandum N0. 12.3/2009-Pay-I; dated 30th march 2010).).
I assume that pay protection implies that protection of Pay band + DA + applicable grade pay as well, with the best of my understanding based on previous pay commission fixation rules.
I have achieved this existing pay in the pay band (16860) due to 14 years of long service and I have been appointed at higher pay scales. Logically my pay must go up.
I personally believe that reducing my pay in the pay band (16860 to 16060) is mis-interpretation of the concerned circular statement: which state that “the pay in the pay Band fixed under this formulation will not be fixed at a stage lower than entry pay in the revised pay structure (corresponding to the grade pay applicable to the post) for direct recruits on or after 1.1.2006.” I assume that in present case this statement implies that if anybody pay in the pay band is less than Rs. 15600/- even then his/her pay in the pay band must be fixed minimum at 15600/-. But this circular never says that the exiting pay if it is already greater than entry pay ( >15600) in the pay band may be reduced.