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P.ESAKKIMUTHU   09 July 2012 at 16:51

Criminal proceedings and domestic enquiry

The Supreme Court as well many High Court has ruled that when the charges in the criminal case and domestic enquiry are same, the domestic enquiry must be stayed .In one case FIR alone was lodged and charge sheet not yet prepared by the Police handling the criminal case.I contend that the domestic enquiry must be stayed in as much as a criminal case on the same charges is pending as FIR.Is there any specific judgment that when FIR/Criminal proceedings also is filed/pending, the domestic enquiry dealing with the same charges in the FIR must be stayed

maria   08 July 2012 at 18:18

Export houses

What are the various laws that a export house has to look into India?

Dr.Jai Prakash Jha   08 July 2012 at 13:42

Appointment by promotion in govt

Sirs,
Despite the direction of the PATNA HIGH COURT by it's order dated 1.7.2011 by which the respondent corporation namely STATE FOOD CORPORATION of GOVT.OF BIHAR was directed to consider my case of promotion within two months , in the light of the gazette notification dtd 1.4.1981.by quashing the minutes of the the selection committee that the said post should be filled up by the deputationist officer from the state govt.The respondent corporation still stuck to it's earlier stand by which they have rejected my claim even when the state govt had instructed them to honor the direction of the Hon'ble PHC within the specified time.
Ag-rived by such state I moved again before the Hon'ble PHC to get it's earlier decision implemented.There are still two post Of Chief are vacant due to repatriation of the deputationist .
Though the corporation filed it's counter affidavit the court observed that the state should also defend it's stand in view of the earlier direction and observation of the court. The time for this was fixed for 2.2.12. and in the mean time the corporation was restrain to fill both the two vacant post of Chief.
Now the problem is (A) that the state govt even after expiry of the so many months of the fixed date has not filled its stand and is also not willing to file it's stand hence advised the corporation to do needful to get the court aware with the govt's stand(?) and(B) THAT the corporation is now trying to repeal the gazette notification dtd 1.4.1981.which the courts have already recognized in its earlier judgement/orders
IS THE STEP OF THE GOVT/CORPORATION ARE NOT TANTAMOUNT TO CONTEMPT OF COURT.CAN GOVT SWITCH OVER FROM ITS EARLIER STAND TO HONOR THE EARLIER JUDGMENT OF THE COURT TO COP-ORATE THE CORPORATION IN REPEALING THE NOTIFICATION WHICH WAS THE BASIS OF THE ORDER OF THE COURT -EVEN AFTER A GAP OF MORE THAN A YEAR.
The case is running on daily cause list and to be taken shortly. In the above mentioned circumstances what should be our stand -as petitioner and is there any judgement of the Apex Court in our fab-our to cite.

WITH REGARDS
DR. J.P.JHA

sridharan   07 July 2012 at 17:50

Gratutity

sir/madam i am working for a private college for last 7 yrs as lecturer managed by category 1 management can i avail gratutity for my service no where in appointment letter it is mentioned about this kindly advice me in this regard

NAYAK MAFATLAL GORDHANDAS   07 July 2012 at 16:46

Salary & other benefits related to salary after revocation of suspension

Sir,
I was placed under bias/prejudice minded suspesnion from 25/11/2009.
Suspension was revocked on 06/05/2011.
I was paid subsistance allowance during suspension. Penalty is declared by the Disciplinary Authority on 26/06/2012 wherein stated that period of suspension is treated "not on duty" and so no salary and other benifits will be paid.
It is general rule that after revocation of suspension, difference of salary during suspension must be paid by the institution in which the employee work.
Please guide me in matter.
What to do to get the difference of salary of suspension period?

Jaladhi Oza   07 July 2012 at 11:27

Resignation & notice period

Hello Sir.

I have join my current organization on 1st November 2011 in Managerial role, Company has not confirmed me nor extend my probation period. Finally i resigned on 8th June 2012 and give one month notice, company told me that they are ready to relieve me after getting my replacement or i have to serve 3 months notice period and asked me to search my replacement, I holds the position of HR head so i have sourced more than 13 candidates, 5 are short listed from unit head level, but company director is not interested to take any interview, he is not ready to speak with me also. At the last day, he send me message that i have to serve full notice period of 3 months otherwise have to pay notice salary. My question is if i am not ready to take relieving letter than can they are able to hold my June 2012 months salary?

SHAMIDEEP   07 July 2012 at 08:16

Resignation & notice period

If a person tenders resignation & there is a notice period of one month, if acceptance of resignation comes in one & half month due to procedural formalities does he/she requires to work for these extra (45-30)=15 days?
if he/she does work for these 15 days is he/she entitled to get salary for these 15 days?

jayanttelang   06 July 2012 at 23:09

Termination

Dear sir, kindly clarify me,what is the difference between TERMINATION aand DISCHARGE from services?

AAK   06 July 2012 at 17:25

Court order

dear Experts Pls Advice..

In an employee - employer dispute. The Hon'ble labour court has passed an order that the employer should not change the service conditions of the employees and not to terminate the services of the employees.

Now employer is intending to sell the whole business to other company. whether the term "not change the service condition of the employee" includes the prohibition on the employer to change in the management..
In other words whether it is an implied prohibition on the employer for the transfer of his business?

Tarun Sati   06 July 2012 at 15:34

Service bond

What are the legal implications if an employee who has signed the Service Bond leaves the service before expiry of contracted period.

In the service bond following clause is mentioned:

"in the event i leave the service before completing two years, I will pay to the Company a sum of Rs. 50,000 as the cost involved under training and recruitment"

pls guide can the employee leave service before contracted prd without payment of bond amt.