Anonymous
28 January 2012 at 22:27
Against award of labour court the petitioner company has obtained stay on the entire award without reinstatement, no deposition of 16 years amount,no compliance of 17-B mandatory on the issue already decided and attained finality by Hon;ble High court. counter rejoinder already exchanged 2 years back and 17-b application also still pending since then.
my problem is since i have got no relief from the court and the court is not adverting to any of my contentions .
how can i get my writ decided? the case is getting delis ted after every single date of non hearing.
the matter is tide-up case.
Anonymous
27 January 2012 at 19:24
Hi,
we company doesn't pay ful and final settlement to resigned employee or other cases, whether we need to transfer the F&F value to labour dept after specific period
if so about other dededuction like PF, ESI, Prof Tax and Income tax
Anonymous
27 January 2012 at 16:56
A friend of mine had joined Airport Authority of India as trainee engineer in august 2009.Due to serious family problems he stopped attending office after one month of joining as no leave credit was due in his account.After that a letter was send to his postal address to join immediately within 3 days.He replied that he couldn't join due to family problems. After this no further letter was sent from the office.After two and half years now he want to join service. I want to ask your legal point of view on following points
1.Can he join again A.A.I? If yes what is the process?
2a.Since company has not send any further information what will it do if he approaches them to give a chance of joining?
2b. what type of disciplinary proceedings can be started against him and what types of penalties imposed?
3.Can he resign from his post at present ?.AS TERMS OF OFFER OF APPOINTMENT Which states that service can be terminated by giving one month notice by either parties.
4. Can he join other govt company without sending any letter to this company?
Please reply and give advice it is very urgent
Anonymous
27 January 2012 at 12:47
Is it necessary to maintain a leave register, even if Employer is giving Leave Encashment to its employees equivalent to 30 days every year ?
We deduct for total leaves taken (without giving Leave Benefit) and pay the salary every month. At the end of every year, we pay the Leave Encashment (Privilege Leave & Casual Leave) with following formula:
Total wages earned in the year/ 12 months = Leave Encashment
1. Whether this Leave Encashment Formula is correct ?
2. Whether we have to maintain a separate Leave Register ?
essycherianantony
26 January 2012 at 18:34
If an employee asks for documents from his personal file in the Company, is a Company bound to give them to him under the RTI act, since such documents serves no "larger public interest" . Query is for any notings /markings in his personal file by his superiors regarding his performance and behaviour.
Anonymous
26 January 2012 at 13:42
Dear experts,
An employee was terminated on grounds of surplus and hand delivered termination letter in presence of two witnesses which he refused to accept by saying that he will resign.
When he did not resign the company send his dues after 6 month along with that letter.
During cross of management only one witness appeared in court.
The employee's lawyer objected that in absence of second witness it can not be proved that he was hand delivered the termination letter on that particular date.
Is he right that second witness should also be in court for cross examination
?
Anonymous
26 January 2012 at 13:27
Dear experts,
A group gratuity account of a public ltd company is with LIC.
1) In service/labour laws is it legally correct to mention "resigned" instead of "terminated" as reason of leaving service for a terminated employee on his gratuity paper.
2) Since the employee has not given any resignation letter, will the LIC trust have powers to release gratuity for reason of resignation without checking from employer that they have the valid resignation letter or not since the employer is writing resignation as reason of leaving service
What difficulty the company will face during a court case if they write "resignation" instead of "termination" on his gratuity papers
pls advise
Rajeevan
26 January 2012 at 11:29
I was a trained graduate teacher in CBSE affiliated school run by a trust in calicut kerala for more than 9 years.When i got an opportunity as a principal in anther CBSE school nearby i had resigned from the post.i have received many best teacher award in the former school many time during my tenure.But when I have applied for gratuity Principal denied the same saying,not eligible as the school follows state rule.sir i request your help and I wished to know whether i am eligible or not and your suggestion for next step.
Rajeevan.M.P
Anonymous
26 January 2012 at 08:44
Sir, In my office a C A was appointed on 23.11.11 for which appointment letter was issued with terms and conditions including Notice period 3 months and that the employee should execute bond for 3 years to serve the company failing which pay compensation of Rs.10 Lakhs i.e.5 times monthly salary of Rs.2 Lakh p.m ‘
The Director signed the appointment letter and advised Mr.Bhatt HR GM to handover to the C.A (This CA was working earlier for 4 years and had left 5 months ago and he wanted to rejoin the company and had good reputation about his work/integrity and appreciation letters are on record of the company)
.
The C A took the appointment letter signed by the Director on 23.11.12 at about 11.45
A M and told the GM HR that there are certain points which he will discuss with the director sitting in First floor and then will return duplicate copy. in token of acceptance of terms of offer.
As he was already an employee and had good relation with Management, our GM HR did not keep the xerox of the Original Letter and parted the original to the CA. The CA went down to meet the Director at about 12 noon on 23.11.11 but did not turn up even by 6 PM. It was learnt that he was asssigned the Job—Management Audit of a MNC company and he rushed for a meeting with the Director.
Next7days CA did not turn upto the office as he was on outside assignment as stated earlier.
Meanwhile Director was out of station abroad for about 20 days.
Follow up by GM HR with CA received following response:
CA Told orally: Director not available. Original with me(with CA-employee) and as soon as Director comes to office I will finalise and return. He managed to get salary for Dec'11 also by talking over phone with DIrector and Accountant (Who was well known to him as he was an ex employee_) who often did not attend office during december and TDS was also deducted.
There are no written communication between GM HR or the company with the CA employee till date on this subject.
Now on 6.1.12 GM HR got furious and told that employee C A that return the original for his taking up the matter with Director.
C A employee told GM HR : I will not give / i have already given the zerox copy duly signed which u might have misplaced.
Director demanding from GM HR where is the bond signed by CA as he wanted to send him abroad.
What to do.?
1) Can GM HR file an FIR without the consent and knowledge of the Director of the company against the CA that he clandestinely removed the office copy of the appointment letter (theft case) and
2) Send a separate legal notice in his personal capacity to that CA stating what all happened and that if Management takes action against GM HR that CA employee will be held responsible for paying the exemplary damages and compensation for the deceit, mental agony torture caused.
Kindly advise sir .
suguma
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