Sudhir Tiwari
15 September 2012 at 23:26
D/Sir,
Ours is a Big Textile Company ( 20 years old) situated in Madhya Pradesh & manpower engaged is about 1500. 15years ago 4 Union have get Registration from Registrar of Trade Union Govt.of M.P. First Union is releted to BMS, Second Union reletad to INTUC, Third Union related to kamgar Ekta & Last Fourth Union is related to AITUC.But Fourth Union related to AITUC is totally inactive since its registration & neither it has any office bearer nor single membership even most of workers of our company dont know about this union because it was totally like dead. but aforesaid first 3 Union is very active in our company and we also negotiate with them for Wage settlement, work Load Settlement,Bonus Settlement etc since long time.( We have done all 3 Wage settlement in past with these 3 Unions) we give importance to all 3 Unions same.Wage settlement of Workers for 5 years is due from 01.08.2012. First 3 Union have forwarded their "Charter of Demand" to us and accordingly we are negotiating with these 3 unions & we are also meeting with Conciliation Officer in Govt.Labour office. but suddenly we have received one "Charter of Demand" Letter through post of 4th Union related to AITUC ( which was like as dead since its registration)& asked to parcipate with 3 Unions for wage settlement. a Group of 4-5 workers also given this Letter to Govt.Labour office.Govt Labour office without any inquiry asked to us why not negotiating with this union.we have requested to Govt.Labour officer to ask them (AITUC) about their membership but Govt.Labour officer is saying that you should negotiation with this union also along with other (3) unions.
Now our query is
Can Govt.Labour Officer( Conciliation officer) direct us to negotiate with this Union?
if yes then what is remedy.
what type of step should we taken so that this Union can't enter in negotiation.
Thanks
Sudhir Tiwari
chitra gupta
15 September 2012 at 18:29
avery interesting real case in a psu *the disciplinary authority finally restarted thepreliminary enquiry after 5yrs(removing the biased io and po also) but did not inform the suspended employee anything.the disciplinary authority is not payiny the suspended employee subsistance allowance for the last 55 months.the suspended employee has been denied subsistance allowance.is it not denial of defenceto be taken (and gurranted under the constitution) by the suspended employee. he requested payment first and stay on the proceedings.....but it was not granted by the present io as he told that he is not drawing and disbursing officer. now how we will tackle this peculiar situation in socialist india with democracy......a real facts ....plz give ur expart opinion to save the family of the ill fated employee thanks
Member (Account Deleted)
15 September 2012 at 09:25
Divisional Bench gave this judgement in a special appeal filed for the recruitment of physiotherapists in uttarakhand.
We, accordingly, allow the appeal and modify the
judgment and order under appeal by upholding the quashing of
concerned merit list of Physiotherapists prepared by the Board, but at
the same time, direct the Board to reject all those examinees, who
appeared in the examination for being appointed as Physiotherapists,
but not received 30% marks in diploma examination and to complete
the selection of Physiotherapists by adding to the marks obtained by
the fit examinees in the written examination, 30% marks for
intermediate examination and 70% marks for diploma / degree
examination. Let the said exercise be completed as quickly as
possible, but not later than two months from the date of service of a
copy of this order upon the Board.
Sir i want your help to interpret this judgement.please reply,thanks
i have attached the whole judgement for refrence.
K.S.Srinivas
14 September 2012 at 23:57
AP Power Distribution Company is a state Government of AP undertaking. In this company LDC is the initial cadre post and UDC is the first level promotion and Junior Accounts Officer (JAO) is the second level promotion. In the service rules a clause is provided for 25% of sanctioned posts of Junior Accounts Officer can be appointed through direct recruitment.
Certain candidates were initially appointed through direct recruitment as Junior Accounts Officers in May 2002 on yearly contract basis for a period of two years and these candidates were regularly appointed in May 2004. Seniority was given w.e.f. May 2004.
In October 2002 certain UDCs were promoted as Junior Accounts Officers and the seniority of these candidates was reckoned w.e.f. October 2002.
In the final seniority list promotee JAOs (promoted in October 2002) were placed above the the direct recruitee JAO regularly appointed in May 2004. Based on this seniority list some of the promotee JAOs were promoted as Assistant Accounts Officers (AAOs)and retired from service on or before December 2010.
In the year 2011 seniority list of JAOs was revised notionally placing the direct recruitee JAOs above the promotee JAOs by taking the initial date of appointment on yearly contract basis i.e.,May 2002 (by giving weightage for the contract service also for the purpose of seniority).
In the meantime some of the AAOs promoted (based on the original seniority list) from JAO cadre were retired and their pensionary benefits were settled. Now due to revision of seniority list of JAOs in the year 2011, some of the retired AAOs were ordered to be reverted to the lower post i.e., JAO and their pensionary benefits were also revised andreduced due to reversion.
It is requested to clarify whether (1)revision and reduction of pensionary benefits in respect of the retired AAOs is valid or not as they have actually worked in the cadre of AAOs and based on their last pay drawn, their pensionary benefits were settled.
(2) Can the revision of pension orders be challenged? If so please suggest the grounds and any case laws on this type of orders.
kumar
14 September 2012 at 16:25
I supressed the information about the current employer in the attestaion form as well as in apllication form for govt job.
Treating this as grave misconduct & supression of material information, my candidature was canceeled. However I met all the eligibilty criteria for appointment. Kindly advise wether such supression amounts to grave misconduct & supression of material information. Kindly advise what should be course of cation against the order of cancellation.
Sejal
14 September 2012 at 11:53
Dear Sir/ Ma'am
I would like to inquire about the salary structure for a friend. She has recently been offered a job which is providing her with the following bracket of salary:
Basic: 16000
HRA : 5500
Conveyance: 2200
P Allowance: 15600
Medical: 1333
PF: 1920
Gratuity: 800
LTA: 1250
Variable: 1250
Now while the company is offering her a large package on paper, they are deducting the PF(1920) twice saying that both shares the employee and employer will be deducted from her CTC and the gratuity amount of 800 from her CTC. so total deductions = 7140.
PLEASE GUIDE ASAP
Thanks and Regards
shyam lal sharma
14 September 2012 at 10:17
Respected and Learned Advocates,
One of my friends was worked in a Pvt Finance and their he got job only after giving security of his marks Cards that is 10th, 12th and complete 3years Graduation Original Certificate for that the Pvt Company gave him acknowledgement stating the all certificates No and total No of copies, and the employer promised to return the certificates at the time of quieting job.
My friend quit that job 8 months ago and the employer till now not returning his Original Marks Cards nor did reliving letter neither the employer reject his resignation letter.
Now my friend want take back his Original Certificates, please suggest …
Prashant Kumar Jha
14 September 2012 at 08:19
Dear Experts
Kindly let me show the path
One of my friend was working with a ltd company, suddenly few days back company terminate his service without prior notice or any show cause & not agree to pay notice period amt as well as salary for the month of August-12,company is telling that a lots of recoveries pending against you but in real no recovery.
Kindly let me know the way by which my friend gets his bonafide claim I will be very grateful to my learned friends solving this querry
anil mishra
13 September 2012 at 20:50
Dear Sir,
Workman has filed case in Labour Court against termination through unfair domestic enquiry & for violation of section 33(1). What is the process for withdrawal of some PF amount as he needs money & what is the limit for withdrawal.Pl respond.
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