Prabhat
13 June 2012 at 17:20
Dear Sir
I have filed a case U/S 28 of labour act for recovery of payment. We have file a case before four years ago in Deputy Labour Commissioner Court and the case is in final stage opposite party trying to bribe to judge but he deny. For that result he filed an affadivit to transfer the case in other court.
Can this possible that the final stage case has been transferred.
How i stop to transfer the case to another court. Pls. provide the sections of law to stop transfer the case.
Attached the opposite party affadivit.
Regards
Prabhat
Maj (ex) Anand Kumar
13 June 2012 at 15:42
Dear Sir
A friend of mine working in a French firm in India has been terminated from the service. First he was suspended and then the company ordered an inquiry but did not inform him about time and place. the inquiry was done at his back.
In which court should he challenge his termination as he was a security manager in the company?
Is it High Court/labor court or civil court or Industrial tribunal? Pl be specific.
Ashley Anthony
13 June 2012 at 12:50
Dear Sir or Madam
I have recently quit from my job after 7& 1/2 years of service. 3rd May was my last working day and I duly filled up the Gratuity form on 3rd itself. I was told by the HR that my full and final settlement would take 45 days. I assumed this would include the Gratuity as well. Now when I asked the HR to confirm payments they say ''(Our understanding with the CnB team is that the gratuity processing begins post the FnF, which is 45 days from the last working day. There is a set procedure that the extraction of the money needs to go through and I would not recommend that the Employee base any planning for his financial needs on this for at least the next 3 months))'' I do not agree with this. Please could you confirm if the employer is doing right as it should not take more than 30 days as per the Act of 1972, How do I go about claiming my benefit at the earliest. Do I have to register a case?
Please Help
VENKAT
13 June 2012 at 12:19
Sir,
I am 61 years. I joined a Partnership firm on 17th Oct. 2007. Though the law says the eligibility for Gratuity is 5 years completion of service, the Supreme Court in a case gave judgement that 4 years and 240 days of service (without loss of pay) is the entitlement for gratuity. As per this, as of June 30, 2012, I would be completing 4 years & 240 days. Am I eligible to get the Gratuity? Please enlighten me on this.
sachin
12 June 2012 at 23:47
Sir,
I am working in a agricultural university. I have joined the university in the month of 25th Aug. 2004 as a assistant professor. During the year 2009 (September) university have called my bio-data for the pramotion accordingly i have submitted my all the documents. and as per the selection committee decision on 5th April 2010 university has released my pramotion order as a Associate Professor. But later on after 4 months i.e. on 11th october 2010 university again issued the corrigendum that my post belongs to reservation and i will be reverted as and when the suitable candidate will be made available under lower cader. Presently in my department as such no candidate is available from the reservation for the pramotion. But still university reservation unity is enforcing them to revert me and as per that university is planning to do so. Sir, kindely suggest me what steps should i take when i will get the order even though there is no candidate is available. wheather i will have a voice in a court. kindly suggest
with regards
Sachin
T.Rajendran
12 June 2012 at 20:36
Is there any immediate chance for enhancement of superannuation age from 58 to 60? If there is a likely change, it is possible for a wait for the employees who have completed 58th yeaar to be contiunuous subscriber beyond 58 years of age?
Atul Kumar Mirchandani
12 June 2012 at 20:21
dear sir/ Mam
I have been working in my organization's head office form last more than 1 year. i also have completed my probation period. now they are transferring my Viajayawada. but i am not ready to go there so they are demanding my resignation and i don't want to leave my job as i have an education loan.
And also if i resign they are not demanding my notice period. i asked them to let me consume my remaining leaves but again they are not allowing me for that and forcing me to either join at vijayawada or resign from my designation.
i just want to ask you few questions
1. Should they terminate me or should i resign if i deny their orders of transfer and do not resign either.
2. i haven't resigned yet so do they have any right to keep hold my salary of last month.
3. And if i resign will i be get paid for my Earn leave, Casual Leave and sick leave.
4. Can my Company take any legal action against me later because they are demanding my notice period right now and if later they will say that i didn't serve my notice period.
5. can i take my legal action as i have proof that i informed HR and my HOD that i will resign soon after consumption of my leaves
in my offer letter there are some conditions like
a. After completion of probation period, your services would be subject to termination by giving one month notice or salary in lieu thereof, from either side.
b. However, be open to the management to accept your resignation with effect from any date earlier than the one offered by you in your resignation or stipulated as per terms of your notice period
c. The company reserves its right to terminate your services without notice in case of any act of misconduct or breach of any of the terms of this implied or expressed on your part or any conduct which is detrimental to its interests. This is without prejudice to any otyher rigt or remedy which may be available to the Company.
d. in the event of any misconduct of the rules of the company, you may be placed under suspension pending enquiry into the charges of misconduct or otherwise. The salary for the suspension period will be paid to you only when you are found not guilty of any of the charges for which you were suspended and not orherwise.
now please tell me should i take any legal action against them or what should be my next step.
vinayak
12 June 2012 at 19:14
Dear Sir,
I Mr.V.A.Todurkar son of Anant qualified in science at my birth place Karwar N.K Karnataka joined Dena Bank under compulsion at Ponda Goa branch and hereafter I was forcibly debarred from my further study in science by my own brothers and my bank staffs. That made me to study Law at salgaonkar college Panaji affiliated to Bombay University. Now I’m working as officer at Bangalore.
Now I’m faced with a problem of getting dismissed which was desire of other employees. My increment is not released from 2002 onwards. Now I have a fear of losing Job by occupying my work place by others. I cannot challenge other persons hand and feet. I cannot go on leave nor can I cop up with others. If wish to protect myself I have to go for litigation on referred matter. It is hateful for me to go as one person against organization.
Please guide me to solve the matter with ought litigation. Even if I decide to go for litigation how I have to precede it. Regional office of Dena Bank is at Bangalore.
Vinayak.Anant.Todurkar.Date-12-06-2012
Member (Account Deleted)
12 June 2012 at 16:44
Is Chargesheet compulsorily given to an officer who is on ODI list? whether being on this list hampers the promotion and Assured Career Progression (ACP) benefits?
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Fit ment against acceptance of wrong and incorrect reform act
Private Message
Subject : Implimentation of Reform act
Message :
Sir, Referring to Gridco Service Transfer Scheme 1996, 19th Board of Director meeting dated 29/07/1997, Orissa Electricity Reform Act of 1998, 8th HRD Committee held on 06/01/99,53rd Board of Directors meeting held on dated 18/09/2000, the 64th Board of Directors meeting held on 02/06/2002, the applications against anomalies on fitment to higher pay as sought to be considered by the authority against implementation of seniority list of General Telecom Cadre was disposed without giving due weightage over their seniority. The fact that the reform act was aiming to ameliorate the stagnation of promotion in different the cadre ,particularly with Talcher Thermal Cadre,because they have already faced a reform.(there was no structre of promotion or further fitment for those to be agrieved ) We 17 Engineers ,under Telecom General Cadre were deprived of getting the benifit against 3 juniors ( because they were just compliting the one time mileage of 8 years as on 31/03/97,but are not under Orissa Public Service Commission service,hence not under seniority but adhoc appointed and regularised by cabinet approval ) because the 64th Board of directors meeting rejected our representation under saying of "a wrong decision taken earlier cannot be a precedent and if required the legalitiy of the earlier decision of the fitment principles can be reviewed and appropriate decision could be taken to set right any act which is wrong and not correct". Can you move to the court to correct the implimentation of above wrong act and hence get the benifit of fitment with effect from date of complition of 8 years service(falling short of few months to two years as on 31/03/97 to 8 years) Please advice Thanks Binayak Acharya,Assistant Engineer since joining of 21/10/1989.
Sent to : Admin on 11 June 2012