The case in brief is that the Industrial tribunal passed an award holding the applicant as the employees of the establishment and directed to regularised them(they were contract labours) without back wages. Management preferred a Writ in high court challenging the award. Simultaneously the union has also filed a writ for back wages. Both writs are pending for disposal without any interim order. After few days union filed an application before the RLC(c) for implementation of the award.RLC(C) started discussion with both parties. Again after few days union filed another application before RLC(C) u/s 33C(2) of ID Act.
My querry is whether the RLC can conduct proceedings while the very award is challenged by both parties in High Court?
If no, any citation, rule position may please be provided & oblige.
Hello All,
I am searching for a case law of accident happend at Vendor / Contractors Factory doing production / working for other company.
What would be laiability for a company for whom production activity is going on in such accidental cases.
Please share your views or provide case laws if you are having any.
Thanks
Dear Experts,
Please advice on the following issue:
If a driver dies in road accident during his course of employment, is there any bar for his dependants to approach both MACT & WC forum. If yes, then which one is advisable.
N:B- Deceased is a private turck driver.
mehul mishra
25 July 2012 at 10:13
Dear sir,
I was working with a manufacturing company indore, since last 10 years, and from my joining the service total employees were more than 30 but at the time of leaving the service there were only 6 employee since last 2-3 years. in this case please advice me that whether i am entitle for gratuity, at the same time, employer is refusing to pay the gratuity and stating that there are no working employees more than 10.
kindly reply this issue.
Ranveer
24 July 2012 at 19:02
Sir,
Is it legally ok if a company deducts 24% p.f. from the salary of an employee.
Eagerly waiting for a reply.
ARPIT SARESA
23 July 2012 at 20:39
Dear Sir
I was an Asst Manager in Karur Vysya Bank a Leading Old Generation Private Sector bank. Our Bank is paying a Ex-gratia is being paid
not only for the contribution of the employees during the financial year. I have worked with the bank dring full financial year 2011-12 & was resigned on 03.04.2012.I hhave serve the bank unill 02.07.2012 as i was under three months notice period. It is come to my notice that My salary account has been not credited for Ex Gratia of Rs 57,500. Hence I noticed the Hrd regarding same copy of the same correspondent has been enclosed herewith.
Hrd has given me a written replay that "Payment of Ex Gratia is not considered for the employees who have resigned during the financial year 2011-12. Likewise ex gratia will not be paid to the employees who have resigned after 31.03.2012 but before the date of release of Ex Gratia. This shall be applicable to employee serving under notice period"
As You(Means myself)resigned from the services of the bank on 03.04.2012 & you are serving under the notice period. Hence as per norms of bank you(i.e myself )is not elligeble for exgrati.
Regards
AGM HRD dtd 19.06.2012
As this is injustice to me as i have been serve the bank for full financial year for better service of the bank with my full enthusiasm & efforts. I want to know what next legal or any other steps should be taken by me. Or where I have to represent the things
Regards
Arpit Saresa
Manish Kumar
23 July 2012 at 19:03
Dear Sir
I am presently working in the organisation run uner the aegis of Mininstry of Defence, Govt of India in the grade pay 4600. i had applied in another govt organisation of grade pay 4800 without proper channel and hiden my current organisation during interview. Now i got seleted in that organisation. I wish to clarify some doubts.
1. Can i get pay protection in my new organisatin, if i produce NOC of my current employer.
2. can any problem occurs in future, if it is disclosed to new empoyer that i was worked in a govt organisation at that time and hiden it intensionly.
N.J. MISHRA
23 July 2012 at 15:57
Dear Member kindly guide me: -
One of our employee underwent kidney transplant in the year 2010. The entire cost for the said surgery was incurred by our company. Along with the surgery cost, our company has also paid disability compensation to the said employee. After the surgery the said employee became unfit for sea job hence he did not joined the company. Recently we received notice form his wife where it is stated that the said employee expired in the mid of 2011 and was claiming death compensation.
My query is that whether our company still hold the liability to pay the compensation to the legal heir of deceased employee who died one year after leaving the employment. i read some where that company does not hold any liability to pay the compensation if the employee dies after leaving the company.
Salary & gratuity
Dear Sirs,
I am working as Manager Accounts with a Limited Company (Shares Closely held). Due to non payment of Salary for last 5 Months and poor working environment I submitted my resignation. As per the Appointment letter, I gave 3 months notice to the company, which is till 31st July 2012. The Company pays the Salary arrears, Gratuity P.F. etc.,as and when it is convenient to them, which may take even a year or 2. More over LTA has not been disbursed to any staff since 2003-04. As per the company rules I was supposed to get reimbursement of airfare for self and family once in 2 years to Hometown and Anywhere in India once in 4 years ( As excempted by IT Dept.). But on demand from staff MD orally announced that he will pay only Basic Salary every year. So we stopped incurring Travel expenses. But till date no LTA has been paid to any one. Now Kindly let me know how I can collect these money. I am leaving the company in a friendly atmosphere with no harsh words spoken or actions taken. Kindly advise me on this ASAP. Many thanks. K.A.Sadasivan Nair