Anonymous
31 December 2011 at 19:20
Dear experts,
An employee left a company to start his own business but experienced loss and finally closed his new business.
Fortunately one of his old colleague who was working on his post after he left the company also resigned and he again applied for the same post on which he was working but this time company send his a single page letter with heading "Offer of employment" in which it is written that it is a fresh employment with same terms and condition and on the same salary which he was receiving 4 year back when he left
He contacted the HR department to give him proper appointment letter after considering increased cost of living index but they refused by saying that they are not willing to issue new appointment letter.
Is it not against law that a fresh employment must be with proper and new appointment letter and old appointment letter expires as soon as an employee left the job
Anonymous
31 December 2011 at 17:55
In a Govt.Deptt, 15o employees had been promoted in 2009 on regular basis under a special promotion scheme. In 2011, a recruitment order is issued wherein provisions made for review of promotions given in 2009. This order given effect from 1.1.2011. The grounds for review of promotions granted in 2009 is that the reservation orders were not then followed. If the exercise of review is done under the present order, it shall amount reversion of general category candidates and thus affect adversely their interests.
Please clarify
(i) whether such order issued in 2011 given effect from 1.1.2011 containing provisions of review of promotions made in 2009 is valid in law;
(ii) whether the promotions granted in 2009 can be reviewed in 2011;
(iii) what is the suggestion for safeguard to these promoted employees.
Anonymous
31 December 2011 at 15:15
Dear Experts,
Can the manufacturing company engage all the workers though contractor?
Alternatively can the employer engage 100% workers through contractors?
P.S :- All the Contractors & Prinipal Employer follow all the provisions of Contract Labour Act
Anonymous
30 December 2011 at 21:47
Dear Experts,
For workers the wages are being calculated for 26 days ( i.e. no weekly off is being paid to them )
So as per eligibility for 80 days the weekly off would be excluded ( if the woman is from worker category )
Is my interpretation is correct?
Anonymous
30 December 2011 at 20:59
Dear Experts,
1) What is the maximum period that the Workman can be enjoyed as " Protected Workman " under IDA Section 33
2) What are grounds / reasons which can disentitle the workman to remain as " Protected Workman "
3) What are the privileges can be enjoyed by Protected Workman?
Thanks in advance.
Anonymous
30 December 2011 at 20:50
my father served in army for 10 years out of which 5 years as a short service commissioned officer. is he eligible foe pension? i read in a article in THE HINDU about a judgment of AFT in this matter. kindly advise. please tell the provisions and any judgement in this matter
kumarjainn
30 December 2011 at 19:54
sir
on last date of hearing i.e. 24.3.2010 Hon'ble supreme court has made the following order in a promotion case SLP NO. 7100/2009 after counter and rejoinder formlities is completed. After that it did not come up for hearing. after how much time the case will be heard and decided.
" Leave granted.
Interim order limited to the question shall continue.
Hearing expedited."
when this case will come up for hearing.
kumarjainn
30 December 2011 at 19:53
sir
on last date of hearing i.e. 24.3.2010 Hon'ble supreme court has made the following order in a promotion case SLP NO. 7100/2009 after counter and rejoinder formlities is completed. After that it did not come up for hearing. after how much time the case will be heard and decided.
" Leave granted.
Interim order limited to the question shall continue.
Hearing expedited."
when this case will come up for hearing.
Anonymous
30 December 2011 at 19:46
Dear experts,
Consider the following scenerio
There are two companies A and B
Company A has two units one manufacturing Water pumps motors and other manufacturing Capacitors in a state.
Due to expiry of exemptions of sales tax in the state company A closed it manufacturing operation of water pumps in the state and shifted the manufacturing operation in state B which was giving that exemption. The other manufacturing unit of capacitors was given to company B on conducting basis under an agreement of owner and conductor.
Employees of Capacitor unit of company 'A' were given full and final settlement without gratuity and new appointment letter (of next date of resignation from company A)in company B were issued to the employees with a clause in appointment letter of company 'B' that for gratuity purpose their service will be treated as continuous
Also the two directors of company B are wives of two directors and promoters of company A
Now my question to experts is whether we can say that 1) Company 'A' and company 'B' belongs to same Management since Directors of both company are relatives
2) Employees of company A who got new appointment in company B without a single day break in their service are in continuous service of same management who controls both company
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Compensation
An unskilled labourer had been working under a Contract Firm for a Public Sector Undertaking. He was employed in a Chemical plant of the said Undertaking without proper training.
The Contract Firm which supplied him as man-power to perform the duties of the said Undertaking is a registered firm of the said Undertaking. The P. F. deductions for the said Labourer was regularly made by the said Public Sector Undertaking during his employment.
While on duty the said labourer died at the premises of the said Undertaking. But, after his death both the Contract Firm as well as the said Public Sector Undertaking shows indifference towards any compensation or responsibility demanded by his dependents.
Now, the question is that whether it is the responsibility of the Contract Firm to pay necessary compensation to the dependents or whether the Contract Firm can be demanded for Compensation or not.