antariksh verma
02 October 2012 at 20:06
can a high court stay and award of the labour court till further proceedings with reinstating the workman and/or without compliance of the mandatory provisions of section 17-B and without deposition of huge amount.
the issue is pending since 4 years before the hon'ble high court .
what is its legal implications.
Tajinder Pal Singh
01 October 2012 at 18:04
I am working with a reputed MNC on contract basis and getting salary 12000 PM, My senior executives getting 18000. 2 months ago company recruited 1 person on salary 16000 thousand (he is M TECH)Now company has recruited 1 more person on same 16000 package (he is BA) I am also a BA.
I am with the company by 2 years(almost).
If the work is same I don't know why there is a difference between the packages. I tried to ask my reporting manager but he refused to talk on this matter as its against company policy.
WHAT SHOULD I DO....?
Rajesh Tandon
01 October 2012 at 15:10
What are the rules for temporary re-employment of pensioners on adhoc/temporary? Are they to be given minimum scale laid down for the similar posts/unskilled/skilled/Highly skilled jobs for which they are employed on adhoc basis. Are the translators considered under highly skilled workers for the purpose of payment of wages?
KINDLY CLARIFY IN THE LIGHT OF FOLLOWING RULE POSITIONS:-
1.Re-Employment Rule Position as Per Fifth Pay Commission Recommendations- As per para 3(a) to Government of India,Ministry of Personnel, Public Grievances & Pensions,Department of Pension & Pensioners Welfare office memorandum number 45/73/97-P & PW(G) dated 02nd July 99 quote, In so far as re-employed pensioners are concerned, the entire pension admissible is to be ignored at present only in the case of those civilian pensioners who held posts below Group "A" and those ex-servicemen who held posts below the ranks of Commissioned Officers at the time of their retirement. Their pay, on re-employment, is to be fixed at the minimum of the pay scale of the post in which they are re-employed. Such civilian pensioners will consequently be entitled to Dearness Relief on their pension in terms of the recommendations of the 5th Central Pay Commission at the rates applicable from time to time.” Unquote. In terms of the existing orders, contained in the office memorandum Dearness Relief of pensioners and family pensioners is to remain suspended during the period a pensioner/family pensioner is re-employed/employed under the Central or State Government or in a Stationary Corporation/Company/Body/Bank under them in India or abroadThe orders contained in the ibid office memorandum are also applicable to pensioners and family pensioners permanently absorbed in a Statutory Corporation/Company/Body/Bank under the Central or State Government. In this connection please refer the following link for the ibid office memorandum.
http://pcdapension.nic.in/VTHCPCORDERS/Civil/civorder37.htm
2.Revised Re-Employment Rule Position -Government of India, Ministry of Personnel, Public Grievances & Pensions,Department of Personnel & Training New Delhi, office memorandum No. 3/19/2009-Estt. (Pay II) dated 05th Apri1, 2010 for Applicability of CCS (RP) Rules, 2008 to persons re-employed in Government Service after retirement and whose pay is debitable to Civil Estimates, there is no change in the status. In this connection ref Para 4(d)(i) of the ibid office memorandum. As per this office memorandum The pay fixation of re-employed pensioners on re-employment in Central Government, including that of Defence Forces personnel/officers, is being done in accordance with CCS (fixation of pay of re-employed pensioners) Orders, 1986, issued vide this Department’s O.M. No. 3/1/85-Estt. (Pay II) dated 3lst July, 1986 (as revised from time to time). The relevant link for the ibid office memorandum is as given under:-
http://cgstaffnews.com/?p=1467
anil verma (registeronlyfree)
01 October 2012 at 09:53
Sir,
i being medical representative, a sales promotion employee, against a exparte order of labour court on preliminary issue of workman, i approached honble' high court, which after 4 years held to be workman remanded the case to the labour court to decide it on merits within six months. but after years the case was decided on merits because at the last end of hearing the employer deliberately choosed not to appear and hence ex-parte award. against which recall application was filed which was also rejected in between the proceedings the issues were framed and these six issues ane after the other was challenged before hon'ble high court before the final award of labour court after concealing material facts in the recall application. there after the award was challanged before high court in year 2009 and was stayed till further order on the issue of workman which has attained finality and holding labour court has jurisdiction to hear the case.now before the high court last month evaluating the order of preliminary issue of coordinate bench my award has again been remanded back to the labour court after 15 years for the second time on the same issue making me where i was 15 years back.while the award was stayed i was neither reinstated nor compliance of 17=B was done and my application of 2009 of 17-B is still pending.
i am poor person now what is the effective remedy for me please suggest?
my entire family is under depression and tension.
pl provide maximum and effective suggestions together with some lawyer who can take up my case in lowest amount.
puyal
30 September 2012 at 17:45
Whether a retired pensioner under special VRS 2000 is eligible for permanent employment again in PSU?
sanju ghosal
30 September 2012 at 16:21
A govt. aided university recruited staffs belongs to group C category from employment exchange sponsored names after taking written test and interview but there was no advertisement published in any newspaper or media. Is the recruitment legal ?
Sudipta Ray
30 September 2012 at 16:19
In my previous company, I was given a project specific training which claimed to have signed a Service Agreement/Bond of 1 yr, breaking which I got to pay Rs 3,00,000/- as recoverable or breakage amount.But, till my last working day, I didn't sign any agreement/bond on paper physically with that company against which they can claim this amount if I leave the organization.
When I had requested them to share my relieving letter, they declined my request & instead of that, they were asking for Rs 3,00,000/- as recovery amount on the basis of I attended that training, without which they would not share any relieving/experience letter.
Need your advice whether do I need to pay this recovery amount even though I didn't sign any agreement on paper.
Can they legally force me to pay this amount only on the basis of I attended that training without any physical existence of Service Agreement in place.
If, I refuse to pay this amount what would be the consequence or what should I do right now to get my relieving letter.
truman
29 September 2012 at 15:28
I have filed a writ before the Honorable H.C Madras for back wages of 55 months and my affidavit was countered by the respondents' lawyers and ready for final hearing any time.I am interested to know that whether my reply to the counter can be handed over in the court during the final hearing or to be filed before the final hearing/argument as an affidavit.As I am conducting the case as Party in person I would like to know this procedure in the case of this writ.
arunachalam
29 September 2012 at 11:58
Orphans and destitute children of government employee who have lost their parents before attioning the 18 years, (i.e father and mother of children died when he/she was 6 years old)may they eligible for compassionate appointment ? i was lost my father and mother 24.9.1994,17.9.1995 respectively at the time i was 6 yrs old though my uncle send the application to collector for me within the period of 3 yrs on 27.8.1997
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Remand
can an high court remand the reference for the second time to the labour court on the same issue after 18 years on which the first remand was made while admitting the writ petition earlier.?
can an high grant stay on the award which has attained finality without compliance of 17-B, without reinstatement and with asking to deposit huge amount of award . what are its legal implication and remedy.