prabu
13 July 2012 at 10:31
Hi there,
My wife has been working as a lecturer in a self financing college for the past 11 years. Now having got a better career opportunity she had left the institution.
She had resigned the job well ahead of the beginning of the academic year while the recruitment were going on and new lecturer has taken her place.
Instead of thanking her for her loyalty toward the institution, the head now wants her to pay 3 month's salary for not giving prior notice.
There is such a clause in the agreement which my wife was compelled to sign.
(Earlier the head had cut the 11 years of continuous service to 8 years in pay fixation and my wife resisted in signing such an agreement. However, she was forced to sign the agreement since she was not given her maternity leave salary)
Even worse, the institution now demands 3 months salary under the new scale, which my wife never received even once.
All her benefits including PF gratuity and service certificates are being denied.
I would like to know whom to approach for justice and how to go about.
Advance thanks.
Yashpal
12 July 2012 at 08:08
Respected sir,
I was on deputation to Navodaya Vidyalaya Samiti (Central Government Organization under HRD Ministry)from Sainik School Sujanpur Tira (Autonomous body,sainik school society under Ministry of Defence)
Later on my deputation i applied for regular post of Principal in navodaya vidyalaya samiti through proper channel of sainik school department and on my selection I submitted a tecnical resignation.
On submission of technical resignation the sainik school sujanpur tira did the following deductions:
(i) 3 months salary deduction.
(ii) 50 percent deduction in mgt share of Contributory Provident Fund
(iii) 50 percent deduction in Earned Leave encashment
Please clarify that if these deductions are according to the law or rules and regulations. Kindly cite the order number and reference too.
Thanking you in anticipation.
Regards
Yashpal
ravi
11 July 2012 at 17:43
respected sir,
i was previously working with an uttar pradesh state govt undertaking and was getting 22280 basic salary(that was 16880+5400)in pb3 15600-39100+5400.
now i have joined an uttarakhand govt undertaking in pb3 15600-39100+5400.
there i m getting a basic salry of 21000.
am i applicable for pay protection rule.
if yes how 2 apply for this.
kindly give reference of the concerning GO's
Varundev Nair
11 July 2012 at 16:51
I was working as Regional Head with monthly salary of 38000/-. After my 21 months of service to my organisation.
Our project was to complete on the 31st Mar. On 29th Mar afternoon I received termination from director mentioning all baseless issues which was not right.
I didn't receive any intimation from organisation that my agreement ceases by the end of March 2012
I am requesting for one month extra pay as I received the termination without any notice period.
I like to know is I am eligible to go compensation and let me know how to proceed legally.
Pathik
11 July 2012 at 16:27
Situation is: I have paid Rs.35,000 to a visa consultent for applying visa for canada. He told that total process time is 8-10 months. I have wait for 2 years but my application for visa is not opened by canada immigration department. So I talk with consultent and we cancel the application. He told me that he will give me total fees back that is Rs. 35,000. But he is not paying me. I am waiting since 1 year but the situation is same. We do not have any legal agreement on stamp paper but we have agreement on his latter pad that in case I fail to get visa then he will give me money back. I have paid him by cheque.
My question: Should I take legal action against him?
Anil Pawar
11 July 2012 at 13:54
Sir,
i was in service in one company from jan 06 to aug 11,
the company had given me appointment letter on the name of its sister compnay who is the dealer for compnay products.
the appointment letter doesnot say about PF/& Gratuity eligibility,However company is paying pf of other employee
i was not getting PF
NOw I have the experience certificate of teh company for my service period,
so i wish to apply for gratuity, can i do it
secondly, the company was giving me full payment without any break up of salary like basic/hra/da/etc for 4-1/2 year, but for the last 6 months befor my leaving they made basic and da very low, so which amount i should apply for claming gratuity
thirdly is there any gratuity application form or we have apply on plain paper
pls advice me
thanks
Anil Pawar
11 July 2012 at 13:47
Sir,
I was working with one of the BSE/NSE listed tractor company from April 1983 to march 1993,
I resigned and went abroad.therefor i couldn't settle my gratuity claim
After coming back to India, i came to know that this gratuity still due to me..
In the mean time, before last three years company was over taken by competitor,
The name of the company and its brand name,/product name is still same and company is in existence,But the managemet is different now
please advice me can i claim the gratuity now in 2012, for the period of my service 1983-1993.
Thanks
Mukesh
11 July 2012 at 08:51
Please do confirm whether the provisions of the Punjab Shops and Commercial Establishment Act are applicable to private education institutes situated in rural areas.
If yes, under which section. Please also quote any citation/notification, if any, thereon.
Prabhat
10 July 2012 at 11:35
High court has a power to stay or transfer the case to other court of Labour matter U/S 28 of wages Act. Which are currently run on Deputy Labour Commissioner Court.
Provision of reinstatement in service for a public servant if convicted....
Provision of reinstatement in the service/Govt.job of a Public Servant if convicted by the Sessions Court/Lower Court and later conviction as well as sentence both were suspended/stayed by the appellate court/High Court considering the harsh consequences of conviction may result in disqualification to be retained in service/dismissal from service would be the unwanted hardship faced by the appellant. Appellate Court also considered the appeal as one of the rare cases while suspending the order of Conviction and sentence till the pendency of appeal before the appellate court.
Kindly provide your answer/s along-with some citations from Supreme Court of India as well as from High Courts too...I would be fervently waiting for your responses and grateful to all of those....