trimurthy reddy
10 April 2012 at 15:02
Dear experts, I need your suggestions on the following.
Case background: Employer sent a notice thru lawyer firm-- a liquidate damage claim-- on contract breach—
While offering employment from campus selection, employer took an agreement /contract on 100 Rs stamp paper—(which is having technical errors like stamp paper was brought on 10thAND notary authority signed on 15th(IT LOOKS IT WAS BLANK ONE –agreement was typed AND signed on 20th of same month ) and
I am claiming Content of the agreement null and void on the following reasons—
01. It was clearly one sided
02. it was having above said technical errors -- stamp paper buying date on 10th of October and notary authorized signatures date 15th (it might be blank typed with standard format but the ) --agreement notary signed authority was from remote town of Andhra Pradesh and signed in AP—But typed content of agreement says—MADE AT MUMBAI –ON 20TH (BUT AUTHORISED SIGNATURE SHOWS 15TH )
03. Mentioned training duration 12 months-in fact training was happened for one month training only they gave certificate of training completion from Coimbatore , tamilnadu and posted the job in Hyderabad where one year job service was given by employee.
04. In the event of dispute or disagreement over the interpretation or any claim liability of any part including the surety the same shall referred to a nominated person BY EMPLYER AND HIS DECISION IS FINAL AND BINDING UP ON PARTIES AND EMPLOYER ALSO TAKE ALL THE OPPERTUNITIES BY CLAIMING ALL THE ARBITRATION SHALL BE Mumbai-
MY QUESTION -IS THIS STANDS INFRONT LAWS OF INDIA ON NATURAL JUSTICE TO EVARY ONE) I feel arbitration or hearing can be where the employee performing duties or delivering the services at the time of disputes as I come across a case of same organization it can be America if employee working in US means)
FACTS:
After one year service employee was on leave for marriage and resumed the job after marriage—after working one month she again went on leave on–medical grounds and pregnancy reasons //she was absent for three months
SHE SUPPOSED TO INFORM OFFICIAL ABOUT HER SICKNESS WHICH SHE DID Y VERBALLY TO HR CO-ORDINATOR.
To make it official or written one they can cancelled her log in details so she cannot log in thru web portal where she supposed to apply/file a request for a written leave..
Once She cured she visited the HR MANAGER (PHYSICAL PRESENCE FACE TO FACE) ------ AND GAVE HER EXCUSES BY PRODUCING MEDICAL CERTIFICATES (TRUTHS) BUT HR MANGER WENT HARSH AND ABUSE HER WITH BAD COMMENTS ON PREGNANCY PROBLEMS-HE TOLD –SHE WAS ALREADY TERMINATED GET LOST FROM THE OFFICE—being a lady she took all the insults and back with empty hands –(mistake from our end we did not file a suite at that time on ground reasons a lady//respect on the firm which gave food for one year)
After 6 months of this incident the guarantee received a notice from employer representatives claiming liquidate damages 50,000 on breach of contract or agreement (which is having above technical errors) and guarantee replied after inquiring with the employee with support documents and requested the claimant to give her job back as she is ready to Join back and she was not working anywhere since the date of employer harshen staying at home only.
One and half year the claminat was in silence—no response to the guarantee reply
Now the case in front of arbitrator in Mumbai hearing is on 26th of this month –I am staying in Hyderab
I mean usually these type of contracts will stand in court or not?
Could i know the consequences and % of chances wining and loosing being a female employee-- i am looking for some what accurate --according i will prepare to fight the case or compromise---
jolly
09 April 2012 at 14:49
Does the ESIC inspector has the power to check the documents, contracts, rents agreement, ESIC challans of a company at the Pan india level or he can only do that for only one place??
manmohan
09 April 2012 at 10:13
my case status in high court is as follow
Status; Admitted(Unready)
Last date; 07/02/2011
Stage: For final hearng-HIGH ON BOARD
Last Corum: Hon'ble Justice P.B.Majmudar &
Hon'ble Justice A.A.Sayed
for the mention purpose I need format for
Precipe for circulation
please guide me
Dr. M.M.Ahuja
Vivek Jain
09 April 2012 at 10:04
I worked as an Assistant Manager – Purchase in a leading 5* hotel chain in India. In my appointment letter there was a clause of 6 months probation period initially with an option to extend the probation period if the management is not satisfied with my performance. In my case, probation period was extended for further three months with a reason that my performance was not upto the mark. Here I want to point out that my my performance appraisal was not done neither any KRA or KPI was given to me. My performance criteria were all verbal. At the end of 9 months of extended probation period, I was asked to resign on a ground that my performance was not good. When I declined to resign they hold me in their custody for three days and later on forcefully took my resignation as well as they forced me to write a letter where in they asked me to mention that I’ve made some procurement during my tenure which were well above the market price. However those purchases were made against the Purchase order which was duly signed by Finance Controller and General Manager. Since they had taken me in their custody, I had to write the letter so that they can release me. At the time of leaving my salary for two months was due apart from perks like Medical and LTA. After several requests for clearing my Full and Final Settlement thy send me a letter asking me to pay around Rs. 20000/- as they made a claim against me for around Rs. 80000/- arising from loss from procurement which was accepted by me in the letter and they adjusted my salary of two months from that Rs. 80000/-. I really don’t know how they have calculated the figure of loss. To contest this I’ve sent them couple of legal notice claiming my dues. Thereafter they replied me stating that I’ve accepted my fault in the letter and I cannot claim anything.
Now I want to know the following:
1) Can I file a case in court demanding my dues? If yes than which court Civil or Labour?
2) Is there any chances of winning my case inspite of my written letter lying with them?
PREM
09 April 2012 at 06:18
Dear helpful lawyers!!Is there any order of Hon'ble Tribunal/HC/Supreme Court to clarify that merely filing a WP by contemnors for stay of the order is not correct, hence the passed must be followed and the contemnors cannot skip from contempt when about 11 month has passed since pronouncement of the order and the contemnors have been deliberately not moving in their WP filed in Hon'ble HC? If yes, Pls provide the link/extract/title/case title, as I got an order in my favor from Hon'ble Tribunal
sanjay pandhi
08 April 2012 at 08:59
dear sir
Indian railway train drivers are denied time break for food / refreshment / natural call. there is no provision in the rules. The Railways Act 1989 Chapter XIV have no provisions for time allowed for taking food/refreshment/natural
Call to Loco Running Staff as "Continuous" employees.
I am central working president of Indian Railway Loco Runningmen
Organisation(IRLRO) that is registered Non-political Trade Union of train drivers.
The Train drivers duty hours rules have no upper limit. All train (Goods and Passenger) drivers have to drive train upto designated station without any time break allowed for Tea/coffee, Meals and natural call etc. Round the clock. No rules / no provisions on this
subject and issue.
IRLRO would request for an advice on how to raise this issue before The NHRC, and can we get the reference of rules governing Time allowed for Breakfast/lunch/Dinner to employees in civil work domain.
In 1973 we had gone for railway drivers strike, and got written agreement of 10 hours duty with Mr. KV Raghunathreddy - Minister of Labour , this agreement was welcomed by the parliament on 14-08-1973. This agreement is still to the see the day of the light.
ILO have told us to represent to Govt of India, Min. of Labour.
We have won some cases with Chief Labour Commisioner on Hours of Employment and got orders in our favor, but Ministry of Labour have virtually no authority to order Min. of Railway to obey its directives, because two ministries are independent.
There is no independent Safety organisation, over Indian Rail Transport. The Commissioner of Rail Safety is only an investigator and adviser on rail safety. CRS can not order Indian Railways on any issue including safety issues.
There is no Rail Transport regulator where we can approach for redressal.
NHRC says it is a service matter.
Railway Board is like an organisation where it acts as Rule Maker, Rule Breaker , Police and Judge all bundled into one.
We have been trying hard, but due to exorbitant powers, like Business Head Chairman Railway Board is also The Secretary Govt. of India, empowered with powers to issue Gazette notification. CRB literally becomes the part of government, and all our efforts including judicial orders / parliamentary / Labour Min. / Protests / Hunger fasts are going for a toss, and we are feeling help less.
Now only few intelligent lawyers can help us.
1. A copy of the Reply submitted by Min. of Railways is attached here with in pdf format.
We need advice and help both.
We have very limited financial resources because we are already fighting 04 cases at diffrent levels from personnel collections by few leaders.
Regards
Sanjay Kumar Pandhi
Central Working President
IRLRO
Contact : irlrowp@gmail.com, Mobile - 09717632196
lalremsanga
07 April 2012 at 20:42
X is appointed as a contract tutor in nursing college after passing through written exam & interview in 2004. She is entitled to regularisation after 5 years continuous service. But in 2008, a new rule was enacted by the health deptt demanding that a representative of DP & AR deptt should be present at the time of selection. This particular provision prevents the regularisation of X employment as the said provision was not included in the rule at the time of her appoinment in 2004. What are the remedies available for X? Is there any supreme court ruling which prevents ex post facto law from operation in service matter? Kindly help.
Member (Account Deleted)
07 April 2012 at 18:31
I worked as Steno-Typist in District Court Sangrur & was retrenched in the year 2004 due to withdrawal of Courts.With the written promise of remployment on coming of courts.But they did not reinstate me.On enquiring they told me that due to pending of enquiry they did not reinstate me and you are an adhoc employee.When all other retrenched retrenched staff have been reinstate.And all the judges who have been dismissed in Ravi Sidhu case for which retrenchment has been made has been reinstated by Honourable Supremen Court.Pls guide me what can I do now with latest citations of Honourable Punjab & Haryana High Court and Supreme Court as Well.
Ramesh Kumar Bissa
07 April 2012 at 12:48
One officer has resigned in November 2004 after service of 19 years but before his release of Gratuity payment he requested for reappointment and managemnet accepted his request and reappointed him in April 2005.
Now He is claiming gratuity for Ist phase of service (1985 to 2004).
Till date no payment in this regard has been made.
Experts may kindly give their opinion in this case whether paymnet should be made or not to be made.
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Workmen compensation
My father died in a road acident while returning from company. We asked the company to pay workmen's compensation but the company gave a compensation which was very less after filing a suite in the court.
After two years of case one day our lawyer told us that our case is rejected as a similar case which was going on High Court and a decision came that if the accident took place outside the company premises then workmen's compensation is not entitled.
I wanted to know is there any provision in workmen's compensation act that any accident outside company premises even while returning from company is not entitled?