Venu Gopal S
15 August 2012 at 19:07
We had asked a worker to vacate the free quarters allotted to her in our coffee estate, as it was required for new worker who is from a far off place and no house, whereas the worker in question has a house nearby. We have not retrenched her but asked her to come for work commuting from home. She has served for 4+ years, and we have purchased the estate 3yrs 8months ago. Total regular employees in the estate is only 5 now, it was max 8 earlier.
Now she is not prepared to vacate the house, but demands provident fund, leave salary, gratuity etc. We have been giving addl one month salary as bonus and leave salary as per their attendance every year. We also let weekly holiday.
Our lawyer says she is not entitled for any more payment and she can be evicted through legal process. What really are the options before us?
prithwish sengupta
15 August 2012 at 10:20
Dear Sir,
An employee serves 2 years as temporary staff and get confirmed.he works for further 10 years and retired. Whether he is eligible for gratuity of 10 years or 12 years??
Kindly suggest.
Adv. karinamishra
15 August 2012 at 09:47
suspension of security officer in Govt Public sector undertaking( Maharashtra govt) In which court will it be challenged?
Pankaj
15 August 2012 at 00:43
Hi Sir,
I have resigned from my MNC organisation last week and serving a notice period of 40 days. As per appointment letter, its states....3 months of notice period or salary in lieu of it at sole discretion of management.
I told them, I will pay salary for short fall of notice period but my VP is saying you have to serve the 3 months notice period, they wont be taking salary in lieu of it.
I replied them in writing that, i will not serve notice period more than 40 days , i am ready to give salary for it.
please advise.
1) what would be the future implications, if they wont accept 40 days period with salary in lieu of rest of the days.
2) if after 40 days, i will not come in his company and will joing new company, can i get the relieving from current employer.
Appreciate help of seniors on this.
Harish Kumar sahu
14 August 2012 at 18:53
Kindly notice the following facts before my query:
1.I was working in the capacity of JTO in BSNL as permanent employee since year 2007.
2. I applied for permission to appear in the Indian Engineering Services Exams 2010 (Conducted by UPSC) through proper channel but didn't received any reply in the same matter.
3. After Passing the Exam and receipt of joining offer letter from Indian Railways, I applied for technical resignation and NOC along with it cleared the dues to the department.
4. Since i had very short time(just 15 days) in hand to join the Railways after receipt of joining letter i requested the BSNL officers to issue me NOC urgently.
5. Again they didn't respond to the request and asked me verbally to join the Railway and rest of the procedure will be running simultaneously after receipt of letter for Service conditions transfer and Bond transfer from railways on my behalf.
6.Now after 8 months of my application BSNL has sent one letter asking clarification from railways that how the candidate has been allowed to join the railways without the receipt of NOC and relieving order from BSNL.
My query is whether there is any rule regarding the time limit and conditions for the acceptance of technical resignation?
An employer can how long keep pending the application seeking the permission to appear in exam. like UPSC.
Since i have submitted the technical resignation and BSNL has taken long time to issue NOC, i joined Railways by giving them undertaking to submit the NOC later on. Am i liable to any departmental proceedings?
Bhawani Mahapatra
14 August 2012 at 15:43
Dear Experts
Your valued advice required on the following issue:
I have sent a letter to my friend through SPEED POST on 27th July and till date it is not delivered to the addressee, who is residing in the same state. Contrary, the department has shown the same to be delivered it to the addressee on 1st August, which is false. I have logged a complaint through their web based grievence redressal system on 7th Aug, but no response from it till date.
Should I file a suit for loss/damage sustained or go to consumer forum for deficiency of their service.
N:B: documents attached for perusal.
Kuppan.K.S
13 August 2012 at 21:44
I am an employee of Central Govt. undertaking Corporation. I am aggrieved by the major penalty order of the management against me. I wish to know whether I can approach the Labour Commission or directly High Court or Central Govt. Industrial Tribunal cum Labour Court to get my issue resolved. Please clarify.
ramesh
13 August 2012 at 12:14
Dear sir
I AM WORKING IN A SERVICE PROVIDER COMPANY ,WHICH WORK FOR WORLD TOP MOST BIG PHARMA COMPANY.I JOINED COMPANY IN MONTH OF DEC,11 AND WORKING BUT IN MONTH OF MAY ,I WAS CALLED FOR TRAINING AT HO.I WENT FOR TRAINING AND WHILE IN TRAINING I GOT HIGH FEVER AND OTHER SEVERE HEALTH ISSUE ,IT WAS LAST DAY OF TRAINING BUT NO ONE IN HO HELPED ME IN SUCH ISSUE AND I WAS ASKED TO GO TO HQ AND JOIN IT IN TIME ,AS TRAINING WAS SCHEDULED IN SHORT OF TIME ,I WAS NOT HAVING ANY RESERVATION THUS I DID 30-32 HRS JOURNEY BY BUS AND SOMEHOW REACHED TO MINE PLACE BUT I WAS IN BAD HEALTH,EVEN WHEN I WAS MID WAY MINE SENIORS CALLED SO MANY TIMES AND ALWAYS HAD RUDE LANGUAGE OVER THE CONVERSATION,I TAKEN LEAVE FOR 7-8 DAYS FOR IMPROVING MINE HEALTH AND THAT TIME ALSO ,IN EVERY 3-4 HOURS TIME CALLING ME FOR WORK .WHEN I RESUME DUTY ALTHOUGH I WAS NOT MUCH GOOD IN HEALTH,MINE IMM. SENIOR CALLED ME AND STARTED HARASSING ME BY MAKING ME MOVE HERE AND THERE WITHOUT ANY PLANNING IN FIELD .I MAILED THIS ALL TO ALL MINE OTHER SENIORS AND SENIOR OF SERVICE PROVIDER CONCERNED PERSON ,BUT NOTHING WAS DONE AND THEN THEY CALLED ME IN HOTEL AND PRESSURIZED ME TO GIVE APOLOGY IN WRITTEN FOR MAIL I SENT TO SENIOR AND THREATENED ME THAT THEY WILL RUIN MINE CAREER AND WILL TERMINATE MINE SERVICES IF I WILL NOT GIVE .I MENTIONED THIS ALL AND SENT MAIL TO OUR HEAD -OPERATION AND SENIOR OF OUR CLIENT ,BUT THEN ALSO NO ACTION COMES IN PICTURE ,EVEN WHEN I WAS HAVING ALL PROOF OF WHAT THEY HAVE DONE.I FINALLY GOT THREATENED FROM OUR PROJECT MANAGER THAT IF YOU MAIL ANYTHING AGAIN I WILL TERMINATE YOUR SERVICE.SINCE I CAME FROM TRAINING ,I SUFFERED FROM FEVER OF 99-100 AND ALSO BACKACHE ,WHICH IS MAY BE BEC OF NOT OF ANY MEDICATION PROVIDED BY COMPANY AT TRAINING TIME,I TAKEN LEAVE FOR IMPROVING MINE HEALTH ,MINE DR TOLD THAT IT HAS BEC OF INTESTINAL INFECTION AND HAS AFFECTED BADLY ,WHEN I TAKEN LEAVE AND IN BETWEEN MINE SENIOR TO SATISFY HIS IGO ONLY ,SENT ME TRANSFER LETTER AT HIS BEHALF ONLY ,EVEN NOT ANY TIME I RECEIVED ANY COMMUNICATION FROM HR OF COMPANY FOR MINE TRANSFER AND I WAS COMPELLED TO GO TO COIMBTORE FROM DELHI,WHICH IS NOT DOUBT IS PUNISHMENT TRANSFER ,I ASKED FOR COMPENSATION TO SHIFT ,BUT THEY REFUSED AND TOLD THAT APPOINTMENT LETTER HAS CLEARLY INDICATE THAT THEY ARE NOT LIABLE TO PAY ANY AMOUNT FOR SUCH AND I NEED TO JOIN SOON THAT HQ,ANY HOW I TAKEN LEAVE SO THAT I CAN IMPROVE MINE HEALTH AND CAN JOIN ALSO AGAIN TO FULFILLMENT OF NEEDS
OF MINE FAMILY,BUT DURING 2ND MONTH OF MEDICAL LEAVE ,THEY PEOPLE HAS NOT SENT ME ANY MONEY FOR SURVIVAL AND IN FIRST MONTH THEY DEDUCTED SALARY A LOT AND AMONG WHICH THEY ALSO DEDUCTED INCOMETAX ,EVEN WHEN I WAS GETTING LEAST SALARY THAT TIME.THIS IS HAPPENING WHEN EVEN I AM PROVIDING ALL RELEVANT DETAILS AND MEDIAL DETAILS TO MINE COMPANY HR AND OTHER PROFESSIONALS .I AM VERY MUCH FRUSTRATED BY THIS BEHAVIOUR OF IMPROFESSIONAL ATTITUDE OF COMPANY,NO ONE IS COME OVER PHONE TO ANSWER ANY QUERY AND NO ONE IS THERE WHO IS FOLLOWING ANY RULES AND REGULATION .WHAT I CAN DO IN SUCH CONDITION AS I HAVE NO INTEREST IN WORKING IN SUCH COMPANY.PLEASE PROVIDE ME SUGGESTION
seema chakrabarty
13 August 2012 at 12:10
Sir,
I am a central Govt. employee working in a Group 'B' post. In 2010 I had applied for a Group 'A' post on deputation basis with the approval of my Departmental Head. After completing the complete selection process through UPSC I finally got selected. Now, my departmental head is not ready to relieve me. MY Cadre unit is DOPT and they are ready to relieve me but my department where I am posted are not ready to relieve me knowing the fact that this involves my career advancement. I have filed a case in CAT. The case is due to be heard. Kindly recommend me some similar cases where the decision has been made in the favor of the employee.
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Claim under workmen’s compensation act against insurance co.
Sir,
My humble submission before your good selves is that During the course of employment with owner of vehicle-Tata 407, a driver died due to burn injuries as the vehicle caught fire suddenly on the way while driving. A claim has been filed by widow before Labour court under workmen’s Compensation Act against the owner of the vehicle. The Owner has taken defence that Insurance Co. is necessary party as vehicle was insured. During proceedings, Insurance Co. has been made as respondent No.2. My query in this case for which I need guidance is as to whether Insurance Co. can be held liable by labour court.