N.J. MISHRA
19 March 2012 at 11:01
Dear Members, myself is N.J. Mishra, working as a Legal Officer in a private limited company. In the course of our business we have appointed one person as an officer in our office. After certain period of time this officer started behaving in an abnormal manner. On one ocassion he set a fire in our office. When we contacted his wife, she said that he is suffering from some behavioural problem from last several years which this officer has concealed with us. Infact we have spoken to his doctor, he also confirmed the same and suggested to increase the dossage of the medicines. My query is that whether this officer can claim any compensation for disability under any provisions of law or we are entitled to pay any disability compensation and further what sought of action we can take against this officer to protect our interest. Members are requested to guide me in solving my problem.
Isaac Gabriel
18 March 2012 at 22:12
A Government employee was dismissed from service for supervisory lapses and also included as accused in criminal case for the same charge.On appeal, the Head of Department observed that the charge of misappropriation not found against him and set aside the dismissal order stating that supervision lapse does not warrant.In this juncture,is there possibility to drop the criminal action against him.
narayan
18 March 2012 at 20:46
i want the compensatory leave rule.... guideline given by central government to sanction for compensatory leave
skg
18 March 2012 at 20:08
Dear Experts,
In an on going 4 year old labour case at
workman evidence stage in labour court the
workman has got an order from Delhi high court
in May'2011 thru a writ petition wherein the high
court has given direction to labour court to
complete the case within eight months i.e. upto
31st Jan'2012.
The PO of the labour court has not taken the
direction of high court seriously and instead of
giving short dates keep on giving long dates
despite requests to PO that short dates be given
since the case is time bound by lawyer of
workman.
Almost 3 months have passed now and the case is
still at Management evidence stage.
My question to experts is that in our judicial
system
1) whether lower courts are competent enough to
ignore orders of higher court
2) If our judicial system is itself delaying
court proceedings then why at the time of award they give
judgements on the basis of time period condition
in favour of management by reducing 100%
backwages to workman who desperately wants his
case of illegal termination to be solved quickly.
3) Whether workman has right under constitution
of India to give an application to Supreme
Court/Delhi High court that lower court is not
following direction of higher courts and under
these circumstances interim relief of 50% wages
be given to workman till the case is disposed by
lower court since the workman is unemployed
and his family is also suffering due to this delay
and cannot survive without this relief.
4) What is the time period in which lower court
has to reply to higher court and give reasons of
delay?
5) What are the consequences the PO of labour
court can face if he do not give reasons to higher
court in writing if a complaint is launched by
workman in higher court?
Rgds
J. K. SASTRY
18 March 2012 at 07:57
Respected Sir,
Namaskar...
My son has been appointed as Executive Trainee in Madhya Pradesh Generation COmpany and in the advertisement they have committed that they will absorb my son in the grade of Rs.15600-39100 plus Rs.5400 grade pay in PB3 and DA and other allowances. The same has also been mentioned in the service agreement bond.
Now the training of my son has been completed and now he is about to be absorbed as executive.This has also been mentioned in the conditions of employement also.
They now say they will not pay any DA and they are not absorbing my son PB3 as mentioned. . They have stated that they will give only a basic lumpsum pay of Rs.15600 plus 35% of allowances will be paid out of which 70% of allowance will be based on employee's performance and 30% of allowances based on company;s performance.
How can they change the rules now once they have advertised something else? How can we go about and when to approach a court of judicature ? I shall also be having no words of gratitude if some one suggests me any advocate at Jabalpur.
Thanking you anticipation, Sir ,
With regards,
J.K.SASTRY
JABALPUR
Post Script: I forgot to attach advertisement. Now I have attached it.
J. K. SASTRY
18 March 2012 at 07:52
Respected Sir,
Namaskar...
My son has been appointed as Executive Trainee in Madhya Pradesh Generation COmpany and in the advertisement they have committed that they will absorb my son in the grade of Rs.15600-39100 plus Rs.5400 grade pay in PB3 and DA and other allowances. The same has also been mentioned in the service agreement bond.
Now the training of my son has been completed and now he is about to be absorbed as executive.This has also been mentioned in the conditions of employement also.
They now say they will not pay any DA and they are not absorbing my son PB3 as mentioned. . They have stated that they will give only a basic lumpsum pay of Rs.15600 plus 35% of allowances will be paid out of which 70% of allowance will be based on employee's performance and 30% of allowances based on company;s performance.
How can they change the rules now once they have advertised something else? How can we go about and when to approach a court of judicature ? I shall also be having no words of gratitude if some one suggests me any advocate at Jabalpur.
Thanking you anticipation, Sir ,
With regards,
J.K.SASTRY
JABALPUR
DIPAN DAVE
17 March 2012 at 20:20
My PF withdrawal claim rejected by EPFO, Bhopal with reason that they can not deposit my PF amount in my joint savings account. My all savings accounts are joint with my wife. Primary a/c holder is me & secondary a/c holder is my wife.
I believe that PF is for family and if so then how PF dept. object to deposit in my joint account?
Thankful if you can suggest the way out and prompt guidance. Now i am NRI and can not open individual savings account. Also I have two NRI accounts jointly with my wife.
Dharni Patel
17 March 2012 at 16:31
Dear Sir,
One of my client is importing laptops for which they paid cvd+cvd edu cess+ cvd HE cess equivalnet to 10.3%. He is a trader in india selling these laptops by charging vat/cst as applicable. he is also a service provider. He falls under business auxiliary services and repairs and maintenace services for which they pay service tax. They have no any manufacturing activity.
so my query is
Can he claim cvd paid on import of laptops against payable service tax on business auxiliary services & repairs & maintenance services?
whether cvd paid is refundable to them by any other way or it is part of cost to them ?
Ananth
17 March 2012 at 16:30
Hi,
I was working in a company where they told & mentioned in the appointment letter that they will give Rs 12000 after completion of 1 year.
I was there in the company for 1 year 10 days including my notice period of 2 months.
My company refused to give me Rs 12000 saying that i have not completed one year when i resigned. But no where it is mentioned in the rules & regulations regarding the same.
Can i claim for the same?
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Compassionate grounds appointment in government service
Dear Sir/s,
Greetings for the day.
One of my cousin brother was given appointment under Compassionate Grounds in Tamilnadu State Government in lieu of his father's demise. He joined in Jan 1998.
He too worked there for 9 years and due to certain reasons, he resigned his job in Oct 2006.
( Note : He was a Permanent Government Servant ).
Now his family is suffering and his mother requests whether any chances are there to re apply to the resigned post and whether any petition can be given for the same and also to request to consider the in between period as Loss of Pay Period?
I accepted to help their family.
Please advice on this.
Regards,
K. Aravinnth