Labour & Service Law queries [657]

All Resolved Open

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

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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 .

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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

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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

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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.

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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."

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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.

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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

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