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Ms. Ritu Agarwal   12 February 2013 at 16:05

Draft for full and final settlement with an employee

Dear Sirs,

I am working in Steel manufacturing Company. Two marketing who were non-performenrs were terminated from the job and now we the company and they both are ready for settlement but meanwhile in the past they involved themselves with our rivals and thought of giving false evidence against us. Now we want to settle their account and want an undertaking from them that we are settling their all the dues and now both the parties won;'t be held liable for each other acts and before accepting the cheque of settlement they have entered in some legal suit against the party it will assume as withdrawn, etc etc.

Kindly request to all to help in this legal draft. Matter is of great emergency and importance.

Request to do the needful.

Thanking You,

With Regards,

Ritu Agarwal
C.S. LL.B

Sankar Mukherjee   12 February 2013 at 11:22

Non issuing of release letter from previous employeer

I worked in a private organisation of IT field from 10/01/2009 to 24/07/2010 of Kolkata, and I was in contract of one year.
After completion of one year contract period I served more than six months to that company, even without Contract renewal.
Also at that time I was deputed Out of city, for project purpose, and after completion of the project my previous employeer deducted my salary saying that my performance is not up to the mark.
When this deducted of salary happens a few times with me I decided to change and after attending an interview when I was selected I changed that company.
My last day on that company was 24/07/2010. Before few days of 24/07/2010 (as I did not have any Notice Period) I had given two copies of hand written resignation letter to that company expecting that they will at least return me one of the received copies the resignation letter and that can be used as Release Letter from that organisation.
But they refused to do so.
Now if I go to attend any interview to an CMM Level 3 or Upper companies they demand Appointment Letter and Release Letter of every previous companies, which I can not, and due to HR issues I am not treatd as a selected candidate even I have the qualification.

Even they had not provided me that 24 days salary.

Please provide me some steps through which I can ger the Release Letter from that organisation.

Looking forward for Expert replies.



Thanks & Regards,
Sankar Mukherjee
+91 9477028416

naushad avathukattil   11 February 2013 at 14:16

Regularisation and police verification

sir,
one of my friends recently got a govt job.one month later a police officer came for verifiation as a part of regularisation of job.He asked some questions.(my friend did not pay anything ).Then he told my friend to come to a particular office with his original academic certificates.he added that otherwise he would not proceed the regularisation.

1.whether a police officer has authority to verify the certificates?
2.what the officer has to do?
3.whether the police is entrusted the duty of inquiring the employees criminal ground or the validity of his certificates?

Archana R.Bhalerao   11 February 2013 at 09:34

Legal heirs (claim of compensation amount)

I have field an application under W.C.A act for distribution compensation amount on the name of deceased father and mother as a legal heirs. in the matter decased was married at the time of accident. after 2 month of death his wife remarried. but we don’t have any proof of her 2nd marrieage.how can I prove second marriage?
court say to make an application with wife name. and submit the affidavit. but she refuse to came on court. last 6 months the matter is pending plz. Reply me.

K.S.Srinivas   10 February 2013 at 22:45

Equivalent rank

In the organisation viz.,APTRANSCO, there are three different services. They are Engineering Service, Accounts Service and Personnel service. In the Engineering Service topmost post is Chief Engineer (Electrical), in the Accounts Service topmost post is Financial Adviser & Chief Controller of Accounts (FA&CCA)and in the personnel service topmost post is Joint Secretary. The posts are carrying the following pay scales:-
CE (El.): 39860-1430-44150-1585-52075
FA&CCA: 39860-1430-44150-1585-52075
Jt.Secy.: 38430-1430-44150-1585-52075

In the Personnel Department one post called Chief General Manager (HRD) is in existence. The method of recruitment to this post is any one of the officers of the above 3 services can be posted by appointment by transfer.

Now, One of the Chief Engineers(Electrical) is posted Chief General Manager (HRD) in the personnel department. Joint Secretary is originally belongs to personnel department. The Joint Secretary and CGM (HRD) are discharging the identical duties and responsibilities. The management has ruled that Joint Secretary post is not equivalent in rank to that of CGM(HRD) as in the pay scales the Joint Secretary post is one stage lesser than the CGM (HRD) i.e., Chief Engineer/El. though the maximum of the both the pay scales are the same.

In the rules book of the orgn, there is no mention about on what basis to decided the equivalent rank.
1. How to decide whether the post of Jt.Secretary is equivalent rank to that of Chief General Manager (HRD)?
2. Equivalent rank can be decided based on the nature of duties and responsibilities of the posts or based on the pay scales attached to the post?
3. Case laws if any, may kindly be cited.

As far as my knowledge is concerned, the following case laws are there:-
In a landmark case, Randhir Singh v. Union of India, AIR 1982 SC 879, the court held that although equal pay for equal work is not regarded as a fundamental right, it is a constitutional goal as per the provisions of Articles 14, 16 and 39(c). Article 14 of the Constitution of India provides citizens with the right to equality before law. Under Article 16, a person is entitled to equality of opportunity in matters of public employment. In the above mentioned case, the court held that the principle of equal pay for equal work can be enforced by courts in cases of unequal pay scales based on unreasonable classifications.


It is requested to kindly clarify whether there are any strong points to approach the High Court of A.P. to prove my case that Joint Secretary is equivalent in rank to that of Chief General Manager (HRD) as the duties and responsibilities of the both the posts are identical.

Further can I file a w.p. praying for allotment of the same scale as that of Chief Engineer on the reason that the feeder posts to Joint Secretary and CE/El. are Dy.Secretary and Superintending Engineer respectively which are carrying the identical pay scales.

SADIQUE SHAH   10 February 2013 at 21:46

Gratuity claim

Dear Sir
I joined in ONIDA group of companies in 09/10/1988(Onida saka ltd. ) and resigned from the job on 11/8/2010 (Adonis electronics Pvt .ltd ) .In 22 years of my service life in this same group I have changed three establishment according to company (ONIDA )self decision without any gape .Now I want to know the Gratuity amount that I have to claim and what is the process to claim it.




Sadique Shah
Guwahati
Mob.No-9864092307

neema   10 February 2013 at 21:45

Query

A temporary employee who has worked for 2 years in different departments on a contract of 6 months each has been terminated by giving one months notice as per the contract of employment. He has challenged the termination for nonpayment of retrenchment compensation. Advise.

SADIQUE SHAH   10 February 2013 at 21:22

Gratuity claim


Dear Sir
I joined in ONIDA group of companies in 09/10/1988(Onida saka ltd. ) and resigned from the job on 11/8/2010 (Adonis electronics Pvt .ltd ) .In 22 years of my service life in this same group I have changed three establishment according to company (ONIDA )self decision without any gape .Now I want to know the Gratuity amount that I have to claim and what is the process to claim it.




Sadique Shah
Guwahati
Mob.No-9864092307

jayesh sinha   09 February 2013 at 20:39

Non-denial of prmotion law point on rti

i had asked for sanctioned strength of iow from personel department through rti and got reply under rti and now they are denying the information given in rti when as per rti information provided i am eligible for promotion my law point is can the railway adminination via affadavit if they say the information provided under rti is wrong in central administrative tribunal will it stand in court of law since my promotion is based on rti information provided and i have already paid the fees to my advocate what are the view of all service experts as to what should be the course of action

Pinakin   08 February 2013 at 23:22

Terminal benefits

My self pinakin s parmar. i joined as Junior telecom officer (jto) in Department of telecom (DOT), central govt. in 1996. in 2000, DOT is converted into BSNL, Govt. PSU. I had opted to serve in BSNL. In 2006, I had applied for Gujarat state PSC exam with prior permission of BSNL. I had cleared the Exam and selected for the post of Deputy Superintendent of police on Govt. of gujarat in 2011. I applied for technical resignation in BSNL and it was accepted by BSNL under 26(2),CCS Pension rule, 1972. But i wanted to have terminal benifits from BSNL, instead of counting my past service of BSNL in my new Service in Govt. of Gujarat. Hence i applied for my terminal benefits in BSNL. I got GPF accounts balance and leave encashment.My pension papers were administatively approved by BSNL and sumbitted to CCA Department to release my pension. since last 2 years, i am not getting any pension. I inquired to CCA office but they told , it is yr technical resignation , so u are not allowed to have pension from BSNL. yr service will be counted in Govt. of Gujarat and u will get pension there. But Govt. of Gujarat clarify that, PSU service will not be counted and PAY protection also will not be settled. inspite of my total eligible service of 14 years, 5 monthas and 20 days of BSNL,I am not getting Pension. In sixth pay commission, eligibility criteria for pension is 10 years. I request u to study my followoi data and guide me to get my terminal benifits from BSNL.
1) service in BSNL : 14 years, 5 months, 20 days.
2)got GPF and leave enchashment from BSNL
3)graduety, Pension not settled from BSNL
4) I dont want to count my past service to new service.
( I already gave undertaking on 100RS stamp for that)

Please guide me, how to get my pension and graduety?