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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Schnieder   10 June 2012 at 19:14

Not being relieved from services

Hi,
I am a confirmed employee (Manager) of a Pvt Sector Bank, as per my appointment letter quote " Incase u decide to leave the banks services after confirmation, u will be required to give a 90 days notice period. The bank in its sole discretion can decide to waive off/reduce the notice period depending upon the exigencies. In such a case you will be required to pay the bank the gross salary for the notice period so reduced/waived off"
I have got a job in the media industry, something that I have been pursuing for almost 5 years now. My new company has asked me to join within a months time that’s in mid june, I had tendered my resignation exactly a month earlier thats mid May. I have explained the entire reason for leaving and what the new opportunity means to me, but the Banks is just not letting me go.
Earlier in Jan this year I had tendered my resignation but my immediate superior had rejected my resignation, I still persisted and again he rejected my resignation, verbally stating that my resignation at this juncture of the financial year will affect the year end ratings and if I tendered it in April he would assist in getting an early relieving. Hence my resignation was not accepted.
Now that I have resigned, he has accepted my resignation, but since its all system generated, the last working date is mid August. He has now washed his hands off and states that I would need to seek approvals from the Sr Mgmt (Bussiness or HR)
I have followed all protocol, requesting an early relieving, right from my super boss to his boss. Now I am interacting with the HR team and the have stated that early relieving is not possible and I wud need to serve the notice period, finally now I have sent a mail to the GM- HR requesting for an early relieving but there’s no reply.

I had requested that I would serve a 1 months notice (Of which 2 days are remaining) and I would pay the bank 2 months gross salary (this I have mentioned in all communications), I have also provided the bank 6 to 7 suitable candidates for my position (Product and Designation specific) but they are just not willing to let go.

Since there are 3 days left, I have completed all handover procedures, online as well as where my profile is concerned, I have also verbally informed my immediate superior and my super boss that I will not be coming into work from mid June.

Post my resignation, I was also promoted as a Sr Manager, and now they state that since I am a Sr Manager, finding a replacement is difficult.

Seeking advice on how should I proceed with this, I have decided to stop going to work from mid June and send an mail to HR stating that I will not be coming into work and request them for one last time and also offer to pay the notice period amount of 2 month.

1) Can the bank terminate me under the absconding clause?
2) Do I inform my new employer about my situation and would they take it negatively?
3) During a verification check, can the bank state that I am not relieved from services and hence in clauses of dual employment I stand to loose the job.

(Please note that my new employer has agreed to give me an additional 15 days more to join them, but if the bank is not going to relieve me of my services then why should I wait for more 15 days, I might as well join them earlier)

Rgds
Sch

Umesh   09 June 2012 at 19:34

Is bond price payable?

I have joined a pvt bank and they got an bond signed by me that I shall serve the bank for a minimum of 3yrs.
I was posted at kanpur branch of the bank and I belong to delhi. I went there for hardly 3 days but, suddenly my mother had some health issues. I requested them to transfer me to delhi but, they simply denied. Now I have to look after my mother and want to resign. But, the bank is demanding bond price of 35000+ 3 months salary i.e., a total of 80000rs. I cannot pay this amount as I haven't drawn any salary from bank.
I also have not been imparted any training as well. And all the expenses have been borne by me since the joining (including travelling, bond paper price as well and many other petty expenses).
Now, please help me that can the bank claim the bond price from me?
My branch manager told me that for 3-4 days bond price won't be claimed and now he is contradicting his statement.
They also have taken my original documents.
Please help as soon as possible.

Lt COL R S shekhawat   09 June 2012 at 16:44

Benefits for prior military service in govt psu

I will start by humble submission with CHANAKAYA”S quote

: The Day when soldiers are forced to fight for salaries would be a very sad day for a Nation”.

please read the GOI letter
my requisition is based on the ambit & scope of this MOD letter only



560/43/TA-(a)/03/00/S(GS-1)
Government of India,
Ministry of Defense,
New Delhi, the 7th Jan 1994

To
The Chief Secretary to
All State Governments/Union Territories .


Subject: Concession & Incentives sanctioned by State
Governments to Territorial Army personnel.

Sir,

This refers to Ministry of Defense letter No.47560/GS/TA/-3(a)/306-B/D(GS-VI) dated 19th February 1985 and letter of even number dated 8th September 1992 on the incentives by State Governments to Territorial Army personnel.

2. Most State Governments have instituted some cash awards/grants for the winners of Territorial Army decorations/Medals. However, these awards were instituted a long time back and have been rendered insignificant by inflation. In many States, this reward is limited to Rs.2500/1500 only. It is requested that this may be revised to a minimum of Rs.5000/- for TA decorations and Rs.3000/- for TA medals. Some State Governments have already made the revision.

3 Government of India had also recommended that the facilities listed below may be considered for Territorial Army personnel. These incentives were listed by a committee which was set up to go into the Territorial Army and are already being given by most State Governments :-

(a ) Grant of 01 increment for every 03 years Territorial Army service, as is being given by the Government of Uttar Pradesh.

(b) Counting of Territorial Army embodied service for purposes of seniority, promotion and other considerations to those entering civil services.

(c) Exemption of Road tax on vehicles owned by Territorial Army personnel as is being given by west Bengal Government.


Yours faithfully,
Sd/xxxx-
(S.K. JAIN)
Joint Secretary (G).

Soldier’s Appeal;-
With outmost respect It is solemnly Prayed to;- Advice SAIL corporate office for Honoring Ministry of Defense GOI letter No.. 47560/43/TA-(a)///D(GS-1/dated 7.01.1994 with due Consideration of my requisition within the legal precincts of this GOI letter

Humbly stated that It is -“NOT the case of Protection of PAY Basic + DA”

Concise summary of Case;-
.
On the intrinsic worth of Military Medal’s & Decoration creditably awarded for the commendable Operational Field service in high intensity ANTI TERRORIST & Counter Insurgency

i was directly selected & appointed as as Manager– Security SAIL VISL.
Solitary on the Basis of 13 years meritorious military Commissioned service, as INFANTRY officer, Reckon able in the rank of “substantive MAJOR. against the OPEN advertisement



As per the Recruitment advertisement of SAIL VISL, ;- minimum requirement was 10 years in Army/Air force/Navy/Para-military as a commissioned other with the last post held being at least in the cadre of captain or equivalent.
Benefits: Apart from basic pay, DA and other benefits are admissible under SAIL Rule.


. My requisition is legally with in the ambit & scope of GOI order, previously forwarded through proper channel to SAIL office by ED VISL .

DPE Guidelines/Policy of GOI are wholly applicable on SAIL, & honoring them will incur No Losses/damage or any extra exchequer to SAIL it being the only such case in VISL, within the preview of SAIL recruitment rules which approves maximum of 06 increments com mensuration to qualification experiences & specialization etc


Honorable Supreme Court of INDIA :

- while dismissing the appeal on 01 April 10, a bench Of Justices Markandeya Katju and A K Patnaik slammed the Government PSU’s for treating army Personnel like “beggars” in respect of emoluments.

even
It has been held by Supreme Court that” Undoubtedly, the Defence Personnel are a class by themselves”
{Common Cause Case ,1987 (1) SCC 142]

but still no justice

SAIL is neither denying nor granting these benefits for my prior military service

LT COLONEL R S Shekhawat
SAIL VISL security
09449833730




ravi   09 June 2012 at 11:08

Extention of service perion on contract basis .

i'm working in state govt funded organization. i have completed my . i was appointed on one year contract basis . 1 year service period is normal course of business . 11th month for my service period my character report was written by my chief consultant "good" . my director wrote about me "satisfied service period may be extended" .but he didn't specified any period . due to some personal biasness i recommend service period may be extended for 6 month and M.D. approved it . is it justice with me ? when the normal course of action is 1 year service period then without any abnormal condition why i am treated abnormally . pls help me .

Hemachandra   09 June 2012 at 11:01

Transfer

In the absence of transfer clause in the appointment letter, how to enforce the transfer from one location to another.
Please guide me.
regards
Hemachandra

Sanjiv Rana   08 June 2012 at 23:01

Applicability of pf law on rwa

Dear Sir
Please advise the legal position on applicability of PF act on Resident Welfare Association (RWA).

Does RWA requried to deduct PF of thier employess.
HOW many employees can be employeed for upkeep of resident complex by RWA with out deducting PF.

Also please advise of RWA is requried to pay services tax for societies are exampted from service tax.

Thanking you.

Your sincerely

Sanjiv Rana

Sameer Reshamwala   08 June 2012 at 20:36

Termination from service


Dear All,

I was working with HDFC bank since last 3 years I am permanent employee of the Bank. Issue begin like this I had purchase a second phone worth 45000 from a person I made part payment of Rs.15000 and rest after some days which he agreed but the phone had some problem in it which I didn't knew so I ask that person to take the phone back and return my money but he did not did we had some words of exchange and then I refuse to make the balance payment then he went to police and filed a case against me u/s 420 that I am not paying his money.

Since I was working in the Bank police officer arrested from bank and took me to the police station.

They kept me in remand for 7 days and when I was released on bail I went to bank to resume my service bank didn't allow me to resume my duty and ask me to resign instead, but I said no to it. After that Bank issued me a show cause notice to me asking me to provide why bank should not take action against me on which I replied to bank. After 1 and 1/2 month of no reply from the bank toward my letter they issued me Termination letter.

Please help me whether Bank can terminate me on such grounds.

I want to fight a case against the bank for such unjustice to me.










Shah Kautuk   08 June 2012 at 19:58

Payment of gratuity to the teachers of private primary school

Dear experts,
I seek your guidance in the following matter,
Source :- Central Govt. has reproduce and inserted this payment of gratuity to the private school teachers by making amendment in section : 2(E) and 3 (A) the payment of Gratuity (amendment)Act in 2009.
My Question :-
"Our school management has not extra amount to pay gratuity as it is run by Public Trust. The building of school is on rent and the land for playground and building is on token lease of 99 years. We pay 80% of the amount collected from fees to the salary of teachers and non teaching staff, the rest amount is utilized in the development of the school and in rent. State govt. edu. dept. is not giving approval to raise fees. so from where shall we to pay amount Gratuity ? Shall the members of the management have the responsibility to pay from their personal accounts? These circumstances have been arose as the law came in force in 2009 so we have not thought in this direction to save money for them."

JAI GANESH   08 June 2012 at 19:27

Emplyement problem.. i need legal opinion pls.?

Hi frnds, my frnd is working in a private wind mill factory for last 15 years (Since 22.02.95). Management didn't permanent him yet. But management announced others who have been employed since above date as permanent employees excluding my frnd. Then the management compelled my friend alone to work for 12 hrs/day without any salary hikes and also compelled him to work in holidays also. Last month all the employees got salary hike excluding himself. Now what are the legal proceedings to take action against management?? I need a legal opinion in this matter. Is there any provision in Indian labour laws to solve this dispute between employer and him? Please help us.

Sonia   08 June 2012 at 17:16

Labour laws for education industry

Hi I am working in an educational institute in Delhi, where we are required to work on sat & sun for which we dont get any compensatory off nor any monetary compensation for the sat but we get monetary compensation for the sun. Please advice what to do? They call us any time on fri & tell us that tomorrow is your duty. Pls help.
reply to : soniasgssiit@gmail.com