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Anonymous   20 January 2012 at 12:58

Area classification for minimum wages

Hi,

Can any one send particular classification of cities into area A,B & C (Labout act)

Anonymous   20 January 2012 at 12:09

Misrepresentation

Hello

if an employee conceal information about his previous employer from the current employer at the time of appointment, can the current employer initiate action against him?
it is worth noting that the concealed info has no relevance for current employer. in other no wrong has been done to the stakes of current employer as it was fresh appointment and the experience requirement was nill.

Gopal Ranjan Panigrahi   19 January 2012 at 18:31

Solar plant-is factory licence required

Sir, would Factory licence under Factory Act be required for Solar plant of 2 MW wherein

i) Employees less than 10

ii) No manufacturing process carried on

iii) Power would be sold to State Electricity Board

iv) In state of Chhattisgarh

If Factory licence not applicable then which of the Labour Laws are applicable.

Thanks

Anonymous   19 January 2012 at 17:30

Accident after performing duty &returning back to home

Sir
A was returning from place of duty to his home .An unknown vehicle dashed behind and was killed on spot.
Qn is:
Can employer be liable & be sued ,since, employer paid him transport charges for not providing him transport means? If yes. any Supreme Court ruling?
His heir does not want to sue unknown vehicle owner.

Anonymous   19 January 2012 at 13:45

Service tax on residential flats

HI.. I HAVE PURCHASED A RESIDENTIAL FLAT FROM ABC COMPANY. ABC COMPANY REGISTERED WITH S.TAX DEPT AS WORKS CONTRACT SERVICE AS LAND OWNER IS A SOCIETY. DEVLOPER DEMANDS 4.12% S.TAX + 0.60 VAT ON AGREEMENT AMOUNT OF SELL OF FLAT (I.E. 13,00,000), WHERE AS I UNDERSTAND THAT WE NEED TO PAY ONLY 2.575% OF S.TAX ON AGREED AMOUNT WHICH PAID AFTER 01.07.2010, I AM TOTALLY CONFUSED. IF ANY ONE CAN HELP ME FOR RIGHT CALCULATION OF SERVICE TAX PLEASE....REGDS,

M.A.T.Ganesan   18 January 2012 at 18:06

Advice

My brother entered into a sale agreement with a person to sell his land inherited by him for Rs. 25,00,000 in the month of November. He sold the land the in January. But the consideration was stated Rs.1,00,000 which is the guideline value in Tamilnadu.The stamp duty was paid for Rs.1,00,000 and the saledeed was registered.
Whether he can use the unregd sale agreement?
whether the investment of the amount to purchase a land within 6 months of sale is exempted from income tax?
As per(Registration act,sale agreement need not be registered
Advice me to invest the amount

Devnandan Sharma   18 January 2012 at 17:26

Resuming the post after expiry of leave

I was graned an extraordinary leave with lien for 6 years to join a forein post. During the leave a criminal case was instituted against me which is pending. After expiry of leave, I reported to my employer on duty on 8.8.2008. After 16 months, I received a leter from my employer stating that my joining was accepted w.e.f. 8.8.2008. In the next paragraph of the said letter it was stated that I have been suspended w.e.f. 8.8.2008, the date of my joining.
The questions are:
1. My joining was accepted w.e.f. 8.8.2008. Does it necessarily mean that the employer has accepted me on duty?
2. Whether "acceptance of joining the post" and "acceptnce of joining duties" are not one and the same in law?
3. Can "acceptance of joining the post" have any meaning without allowing the employee to resume duty in reality even for a second.
4. The order of suspension was passed on 4.12.2009 and the suspension was made effective from 8.8.2008. Is it proper?
5. Whether I should be treated on duty from 8.8.2008 to 3.12.2009?












Sajeev Nair   18 January 2012 at 16:02

Promotion

based on my five cr from 2005 to 2010 my cr report for 2005 was average, iam the senior most person as per south zone seniority list. In 2005 i have given minor punishment (cutting one increment) and my cr report of 2005 was not properly communicated to me.at that time i was a godown incharge and the cwc management without my knowledge / with out my delivery notice issued to them. they has disposed the misc (sweepings and droppings cotton) and that was not properly find out by me as it was not in our stock books maintained and no line incharge or higher official noted in their tour report or maintained my earlier godown incharge. the stock inward only taken at the time of dispose by auction, so based on not proper record maintaining i have given punishment (in ap). this was the first time our ho asked the cr for five years and some of our junior staff working in accounts section promoted even they are having less service 3 years only (newly recruited) i have made a request to our ho to consider my case sympathetically based on my long service but not succedeed. Iam working as Junior Assistant In the public sector undertaking "The Cotton Corporation of India Limited", I have already punished and the punishment was one increment cutting was over and given 2006, DPC at ho office has not considered and stopping of promotion gave me huge pain of double punishment, can i will get promotion if i was legally approched and have a justice for getting promotion

Anonymous   18 January 2012 at 14:49

Property from the psu

I was working in an navaratna PSU, before privatisation , the employees soceity were planning to get gift deed on around 1000 sqft land, as part of compensation.

In 2011 Feb, Government has allotted to all the employees who were on rolls before privitaisation as per government rate.Members who are in different part of Inida came & have done regisration.

Some how I was not informed in time by the soceity secretary nor others, Upon calling the active member,says that now nothing can be done?

Any justice can be sought, as I donot have any source information like membership form,fee receipt, except my employers payslip,appointment letter.

Anonymous   18 January 2012 at 13:29

Court purview on genuinity of evidences,interim relief u/s 10(4) and u/s 33 c(2)

During a four year old labour case of illegal

termination certain emails and photocopies of

documents were procured by a terminated

employee with the help of his working colleagues.

In these emails/documents employees were

entitled for certain benefits. These

evidences(photocopies) were submitted by him

and during his cross the lawyer from

management side never asked any questions on

these documents.

Later on when management filed their evidence

affidavit they only admitted that emails seems to

be record of company but other documents

submitted by employee are manipulated or

irrelavent.

My queries for experts is :

1) How court will decide that the documents

submitted by employee are genuine as

management is not accepting them since in that

case they will be proved guilty for not paying his

all dues as per employee welfare scheme

announced earlier by them?

2) Whether his claim that they are infact

photocopies of original and his proof is genuine

since employees of his level were given those

benefit earlier will be dismissed by court ?

3) Since the case is already going on and 4 years

have passed can the employee submit a simple

hand written application to the PO that he be

given interim relief u/s 10(4) for 50% wages on

the grounds that as he is unemployed and his

savings have exhausted now,it is extremely

difficult for him to support his family consisting

of his unemployed wife and two school going

childrens studying in public school

4) Can he also file a direct application to PO of

his case to take action against management u/s

33C(2) for not paying his pre existing benefits the

proof of which he has submitted and the

management never crossed him on this proof.