Anonymous
03 February 2012 at 21:41
Dear Experts,
one workman met with an accident while working after treatment for a period he was
declared fit for duty but for light duty by the treating doctor.being a heavy industry there is no light job available so he was
attending plant but he was not doing his
designated job.as per law his salary can be
held or not?
pl.advice.
Regards
S.B.adil rahman
03 February 2012 at 18:58
An employee of West Bengal Government upon whom W.B Services(CCA)Rules 1971 was not applicable was charge sheeted for misconduct on 2 counts. The employee brought this anamoly within the notice of his Disciplinary Authority and wanted to be tried under the Regulations of his department. But none heard him. He was held guilty on only one charge and was recommended a minor punishment. Kindly inform me the legality of such punishment under a law which was not applicable upon him.What remedies are available for him? In Rajeshwar Singh Vs Union of India such proceeding was held ab-initio void by Delhi High Court. Would any of the experts kindly take the pain of informing me about the other similar case laws of the SC/High Courts? Be it mentioned that both the rules i.e CCA and Police Regulations Bengalare quite different and have a number of dissimilarities. CCA rules has seriously prejudiced the employee because the minor punishment inflicted upon him under CCA Rules is a major one under Police Regulations Bengal. If it is allowed to continue then the employee would become unfit for promotion at least for 2 years.Kindly opine.
Kirti Sharma
03 February 2012 at 15:16
Dear Members,
I have query from a company that if in employment agreement, if employer and employee both has agreed fr probabtion period of six months and in case the services of employee found unsatisfactory regarding negligence of his duties and his behaviour with staff and boss duirng probabtion period. then can a employer terminate the services of employee.
Please advise legal consequenses.
N.J. MISHRA
03 February 2012 at 11:07
DEAR MEMBER KINLDY ADVICE ON BELOW MENTIONED QUIERIES:
1. IF A WORKMAN ACCEPTS THE COMPENSATION AMOUNT AWARDED BY LABOUR COURT, STILL HE CAN GO FOR APPEAL FOR CLAIMING MORE AMOUNT.
2. IF A CASE IS FILED UNDER WC ACT. IN THIS CASE ALONG WITH PRINCIPAL EMPLOYER THE MANAGING AGENT IS MADE PARTY. THE WORKER HAS NAMED THE PRINCIPAL EMPLOYER BY SOME OTHER NAME AND FAILED TO PROVIDE THE CORRECT DETAILS OF THE SAME AND FURTHER FAILED TO ESTABLISH THE RELATION BERWEEN THE PRINCIPAL EMPLOYER AND THE MANGING AGENT THEN ALSO THE LABOUR COURT CAN DIRECT THE MANAGING AGENT TO PAY COMPENSATION. AND LASTLY
3. THE DEFINITION OF THE EMPLOYER UNDER WC ACT ALSO STATES THAT "WHEN THE SERVICES OF A WORKMAN ARE TEMPORARILY LENT OR LET ON HIRE TO ANOTHER PERSON BY THE PERSON WITH WHOM THE WORKMAN HAS ENTERED IN TO CONTRCAT OF SERVICE OR APPENTICESHIP, MEANS SUCH OTHER PERSON WHILE WORKMAN IS WORKING FOR HIM", IM AM FINDING DIFFICULT TO UNDERSTAND THIS DEFINITION. DEAR MEMBER I WILL BE HIGHLY OBLIGED TO YOU ALL IF AN ACCURATE EXPLAINATION OF THIS DEFINITION IS EXPLAINED TO ME.
amir haider
03 February 2012 at 10:13
hello,
I was involved in corruption/ fraud in my previous employment with a PSU , but they did not take any action as it did not come to their knowledge , now I have switched to another PSU and doing my job there. If my current PSU got to know about my corruption in previous PSU would they take action against me. what sort of action and punishment it would be?
Anonymous
03 February 2012 at 10:12
hello,
I was involved in corruption/ fraud in my previous employment with a PSU , but they did not take any action as it did not come to their knowledge , now I have switched to another PSU and doing my job there. If my current PSU got to know about my corruption in previous PSU would they take action against me. what sort of action and punishment it would be?
sasankajyoti sharma
02 February 2012 at 23:17
A CCL (Contractor's Casual Labour) employee of a Public Sector Undertaking was suspended from his service as his was an accused in a criminal case relating to the theft of some materials of the Undertaking. But after his trial the said employee has been given acquittal by the Trial Court.
During the period of trial the said Undertaking suspended him from his service and he has been reinstated in his previous service after his acquittal by the Trial Court.
From the date of his suspension to the date of his reinstatement his subsistence allowance was stopped by the said Undertaking and it is still unpaid to him.
The said Undertaking regularly deducts P. F. from his salary.
Now the question is, "Can he claim the said subsistence allowance unpaid to him or will he approach the Law?"
Anonymous
02 February 2012 at 23:01
Hi Experts,
I was employed with a bank and quit more than 5 years ago; they had waived the 3 months notice period-but i do not have any records to show the same now.
I have started receiving letters(2-3 letters) demanding notice period payments; which also suggests legal action will be intiated if i fail to pay up...when i last spoke to the signatory he suggested that he would check the records and get back.
Should i reply to the notice clarifying my stand & also under what Act, provisions will i be able to challege the arbitrary notice of the bank.
Pls advice.
Anonymous
02 February 2012 at 22:36
I WANT TO JOIN A private Ltd company as a chartered account. One of the terms of employment states as under: Upon confirmation after completing 6 months satisfactory probationary period, you shall give 3 months notice in writing or 3 months salary in lieu thereof, if you chose to resign from the services of the company.
I requested the GM HR of that company include the following clause also:
The company will give 3 months notice or 3 months salary in lieu there of before terminating my services for reasons other than acts of misconduct such as committing
fraud, cheating, causing loss to the company.
I.e. notice of 3 months should be mentioned in the appoint ment letter from the management side also. The above clause be legally redrafted for my reference and taking up with the employer. Kindly guide me.
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