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Amit Kumar Sinha   01 June 2012 at 09:24

Departmental proceedings

Sir , An employee was issued a charge sheet on the charge of receiving illegal gratification. The employee submitted his reply to the said charge sheet. The management chose to keep mum over the issue without taking any decesion for almost 1 year. After 1 year the managment again issued another charesheet on the same charge of receiving illegal gratification and also adding another charge of insubordination and finally dismissed the employee after holding regular departmental proccedings. Sir whether the employer was justified in procceding with the same charge of receiving illegal gratification again when the employee had submitted his reply therto and the management had chosen not to procced? Sir whether the first charesheet had to reach a logical conclusion? Please advise and if possible with some citations.

Thanks.

crpc   01 June 2012 at 09:09

Exploitation solution ?

Dear Sir,

I joined ABC Pvt. Ltd. on 05 August 2011 and left on 09 December 2011. I was given the amount of Rs 4,20,000/-

per annum and per month salary become Rs 35001/-.But they paid Rs 32000 per month and for Rs 3001 they did not provided details on

asking multiple time verbally.Even after multiple reminders about same, even after 02 December 2011 about Rs 3001/- they did only

procrastination.At the later stage when I find they are not willing to pay due money and when I write, they denied with various

false and baseless alligation.I was further harrssed and exploited physically and mentally by not paying for -

1. Working after official hours, mltiple hours daily without any facility of food,convenyence/fare etc.
2. Overnight work.
3. Not providing various required legal documents like salary slips, Form 16A, salary annuxure in hard etc.
4. Not having proper attendance records for with the further exploitation.
5. Not giving 1 montth notice / salary at last date.
6. Enforced to Leave office even late night office even at 3/4 AM without any transportation facility / fare charges.

Kindly suggest what should be my further steps to recover required money

Thanks & Regards.

Ankur

sowjanya lakshmi.s   01 June 2012 at 01:13

Resignation after maternity leave

Dear Lawyer,

I signed a bond of 18 months in a company on may 30 2010,completed 15 months bond after that i came on maternity leave for 4 months,from september 29th 2011, again i extended my leave for 3 months. Before coming for maternity leave i have signed a bond stating that " will join organisation again after completion of maternity leave if not will pay 30,000 " and given a cheque of 30,000 too.but now i dont want to join the company again as i dont have hike from last 15 months and that salary is not at all sufficient,so now any of the above bonds will effect on me ... as Hr team is mentioning that they may proceed legally taking legal action on me .

Please give me some solution for this...

Nivedita   31 May 2012 at 16:06

Mathadi act maharashtra

My query is , is there any minimum number defined in the Mathadi Act maharashtra beyond which registration with the mathadi Board is necessary for example if the Act says that if 10 or more such labour is employed then we require registration ? And if the no of such labor is 8 then we do not require registration. ?

Nirmal   30 May 2012 at 22:53

Rights of labour department

Dear Sir,
Previously in Gangtok, Sikkim the entire Mahatma Gandhi Marg Market used to weekly close on Tuesday, Lall Market on Thursday, National Highway Market on Sunday

But Now Labour Department has issued notification (u/s 17(2))that Mahatma Gandhi Marg spilt into 2 parts and one part closed in Sunday and other on Tuesday. (around 100 shops in a market)

Can the do like this, its look funny, How we can challenge their decision. so that entire market is closed in Sunday or Tuesday

shelly   30 May 2012 at 20:42

Is employer liable for compensation if contractor run away after abandoning the work.

mr surat ram,migrant labourer from orissa,was engaged as an un-skilled worker in naptha jharancekri power corporation [n.j.p.c] under a contractor in 1995.on the fatal day while returning from home after taking lunch,he opted shortcut route in prefrence to alternative sub way and that was a blasting zone.There he meet with another worker ramesh,who asked hin to assit for blast prepration.dispite the clear warning written in english not to go in the blasting zone without wearing safety guards,surat ram went there to help ramesh,but unfotunately the both meet with an accident while preparing for blast.they were imedietly taken to igmc shimla.where surat ram dead and one leg of ramesh also crushed which later on amputated.no fincial aid was given to them by contracter as he ran away after abondening the work...in the above case the widow of deacsed and ramesh kumar file a patition for compensation/damages...

anshul   30 May 2012 at 18:09

Increment

COuld you please clarify meaning of stoppage of two increment for two year without cummulative effect?

i would also like to know if this penalty is imposed whether CCS rule 16 (1-A) guideline need to be followed?

Reetu Dwivedi   30 May 2012 at 16:39

Benefits under pain and unpaid leave

Dear Experts,

In India what benefits are available to an employee when he is -
1. On paid leave
2. on unpaid leave

Dipak tapodhan   30 May 2012 at 15:58

Suspension

whether departmental inquiry initiated against government servant on unnamed application?

Dipak tapodhan   30 May 2012 at 15:49

Suspension

whether without any notice or remark authority has power to suspend the Judicial officer?

whether without any remarks or notice authority has power to initiate preliminary inquiry?