Lalita N Bhatt
14 April 2012 at 11:20
Hi All,
I stay at ambernath and have been working with a Pvt Ltd co. in Andheri since May 2005.
I was on maternity leave till 31st Dec 2011 (3 mnths). I was blessed with a baby girl on 17th Nov 2011.
I had sent hard copy as well as soft copy of my resignation to the company on 19th Dec 2011, stating to consider one month's notice period and that I would not be able to join back- since my baby was too young to leave alone .My Director - waived off my notice period considering my situation to stay back with my child.
After a month, I got an opportunity from one of the other co. in Pune to work from home and accepted it.
I am eligible for gratuity from the earlier co.- the co. had prepared the gratuity cheque on 7th Feb 2011, but i was not in Mumbai that time. When I came back- they came to knew that I am working for another compnay and they are not ready to give me the cheque now. They are now asking me to pay them a penalty of 1 month salary ( i.e Gross salary- 31000/-) in lieu of 1 month notice period and then they would release my gratuity.
My questions are:
1. Is there any rule in Indian Labour Law that one cannot work with the competitors till 6th months, after leaving the company.
2. Is the company in breach of Law for not paying me the gratuity within 30days of submission of Form I.
3. Can I proceed to take a legal action against the co.- if yes, then pls help me how to proceed?
4. Please advice the rule for paying 1 month salary in lieu of notice period- is it the gross salary or the basic salary?
Regards,
Lalita Bhatt
RAJU
14 April 2012 at 11:08
Sir plz suggest judgments /case laws in my case
1)I have been convicted in a ACB case by Special(ACB) court and on appeal The High Court AP has acquitted me in the case and also set aside the lower court order and also ordered to return the fine to me if any paid,
2)on appeal to Govt(AP)reinstated me to duty duly dropping Further action against me,and decided to not to file SLP/appeal in SC against High court orders.further no other disciplinary charges pending against me.and no punishments were awarded.
3)after my reinstatement duty My Department APFD has conStituted Departmental Promotion Comitte and given promotion to my juniors and my candidature was not included in seniority list and promotion panel.
4) on my appeal to conduct review DPC and to give promotions to me, the APFD says as the period of suspension(2 years) and period of dismissal(4 years) was not regularized my candidature can not be considered for promotion.though i have put minimum service requirement on the date of DPC and passed qualifying tests also.
Sir
plz suggest various judgment and case lwas and remedied if any.
thanking you.
Rama mohan
vallala@in. com
Jasbir Kaur
14 April 2012 at 08:43
Working in nationalised bank since 33 yrs,reced a charge sheet now for the cause of action occured 24 yrs ago regarding issue of bank guarantee. Meanwhile Bank promoted me twice for my performance and work.Can Bank charge me now for such an inordinate delay,when I don't remember the case. Kindly quote decided cases if available.
Santosh Kumar
13 April 2012 at 22:30
Can anyone help me?
I'm under probation on the post of LDC in a central government department and i have got selected for the post of auditor through SSC. I had not applied for permission to the department as the NOC is beneficial for only employees with 3 years regular service. My question is whether can i join the new department as a fresh employee resigning the present one.
Please give your valuable ideas...
noor
13 April 2012 at 21:38
how to calculat compansession amount our cliet relative is expire under the job of company where he is earning 18 thousand and 500 rs and his age is 45 years
K.S.Srinivas
13 April 2012 at 21:37
Housekeeping work is given to the contract and an agreement is signed between the contractor and the principal employer. In the agreement it is mentioned that 4 workers should be supplied for the said work. The contractor engaged three workers and he himself is working in the place of fourth person. The contractor is playing two roles i.e., as a contractor and also as a contract labour. Is it permissible. Pl suggest.
kiran
13 April 2012 at 15:44
I am in service candidate of State Govt. I intend to apply for central Govt. service. But, in the application form there is a column regarding present employment stating that 'are you working in State/Central Govt.' and options given are 'yes' or 'no' only.
Now,my problem is if I check 'yes' i need to obtain NOC and without NOC or submission of application through proper channel, my application will be rejected.
I cannot get NOC or submit through proper channel for the post in which I'm working as I have executed a bond to serve in the Department for a minimum of five years.
If I hide about my present employment and check 'no', that amounts to non-disclosure of information and I'll be removed from service for the same at any stage.
Hence, kindly suggest me how to tackle this.
I don't want my service to be continued nor i want to hide about my present employment by checking 'No'.
How to fill-in the Form?
Can I write a statement in the appln. from such as "I'm working but not claiming continuit of service benefits hence, no NOC is obtained. I shall reseign from the present post, if i'm selected.."
s.v.k.bhashyanth
13 April 2012 at 11:00
dear sir,
my name is bhashyanth. my father was expired in bus accident in august 2010. he is a postal employee. he is going to another place on his duty middle of the journey accident was happen. i was filed a pition on apsrtc...compantion. and also i was applied for compansation appointment in postal dept. rececntly one of the postal official advised me to u can ask the compantion to postal dept also why because ur father was expired in duty. sir can file a pition on postal also?? can i have a right to ask compantion? please give ur valueble suggestion to me
thanking you
Nitesh Sharma
12 April 2012 at 22:05
sir I am working as system officer in indian judiciary on a contractual basis . I get salary from a third party IT company. I am working from the past three years can I be permanent in Indian judiciary.... Please help me sir
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Gratuity payment
Sirs,
I need clear cut & specific answer regarding gratuity. As few staff have left our company this year. they want their gratuity but company usually keep 6 months pending after starts to pay gratuity.In view of any staff can take any staff/operator from our factoty.so we keep it pending.
whether legally company withheld gratuity of any staff till six-seven month?
I suggested to the management to pay within one month otherwise interest would be paid by the company.
shailesh pandey