Anonymous
30 December 2011 at 11:16
While making payment of gratuity by the compoany, whether training period of employee is also included, while calculating period of five years.An employe who had completed 4 years and six month of work including his training period. whether he is authorised for payment of gratuity.
Jai Singh,
Asst Manager Legal.
jai.singh@sanghicement.com
Anonymous
30 December 2011 at 10:55
Dear Experts,
Is it compulsory to have approved relaxation for overtime from Factory Inspector otherwise all OT done would be illegal?
Can you please throw some light on it..
Thanks in advance.
Anonymous
29 December 2011 at 22:58
Sir,
i m in dire need of latest citations of both Hon'ble high courts/supreme courts on medical representatives a sales promotion employee as WORKMAN.
ALSO desirous of citations on NO interference in the award of Tribunal after expiry of 30 days of publication of the award attained finality.
@@@Zupr!y@
28 December 2011 at 16:42
Dear All,
My father is a bank officer in Gramin Bank,working from past 27 years.
Long back two widows(customers) logged a complain against my father that my father took their money personally(outside bank) and promised to return them back in few days but didnt return back.they said so because they were not able to pay the debts which they had taken from the bank.
My father is very innocent in this case.
An enquiry was being conducted for this but the authority somehow proved my father as culprit and said that it was all your pre plan inspite of having each and every documents fairly correct without an inch of fault.
For this case recently he got a letter from his chairman of post dismissal from service and yesterday he got the letter of "dismissal" for the same act. the case will now go in Boards but there again the final decision is to be taken by Chairman and Chairman is not at all in favour of my father.
i know my father is very innocent in this regard but i am confused what action should be taken by him so as to save his job now.
Please help me and my father.!!!
PBS KUMAR
28 December 2011 at 13:47
Dear Experts,
What are the components attracted while calculating the LOP of an employee ?
Generally it is on Basic and DA. Is there any Standared Procedure for LOP ?
Regards,
PBS KUMAR
Anonymous
27 December 2011 at 12:52
Sir,
I would like to seek your guidance in my case.
I am a Chartered Accountant in practice for a considerable period of time.
In the year 1991 one of my employees left the firm on his own. Subsequently he filed a petition in labour court that he has been dismissed wrongfully and got an exparte award for reinstatement and back wages.
The award was made treating the firm as a trading firm viz" As the name of the suggests it can be presumed that the firm is a Trading Firm"
I with the advise of a counsel filed a Writ Petition in the High Court.
The High Court on the petition of the employee before proceeding with the Writ petition passed order u/s 17B of Industrial Dispute Act to pay the back wages and also the current wages regularly till the disposal of Writ Petition.
Our pleas that to a professional firm employing less than 10 persons Industrial Dispute Act does not apply and also since the award has been passed treating the firm as a trading firm, the award is a nullity as it is without jurisdiction were not adhered to.( Of course this plea was not taken up by my counsel in the writ petition. He had of course mentioned in the writ the the petitioner is a Chartered Accountant.)
Being frustrated I withdrew the Writ Petition in the year 2009.
Again I am being herrerased by the labour Authorities.
Kindly advise me what steps I should take.
Can I file Writ Petition again taking the plea that it is a "Nullity Order on account of without Jurisdiction"
Kindly Advise.
kumarjainn
27 December 2011 at 07:09
sir
I was not considered for promotion in the year 1998. The Delhi high court gave judgement in my favour. Vide court order the department directed me to appear before the review Assessment Board, for the year 1998. The board declared me 'not yet fit' for promotion.
I needed 60% marks in the Board for being declared fit for promotion.
Supreme court in various judgemnt has given the following ruling.
1. The interview marks cannot be more than 10-15% of the total marks of written examination/Marks of ACR.
2. Result should be declared after considering the total marks of
1 written examination/ACR marks
2.interview
In my case i had obtained 778/800 marks in ACR.
marks for ACR = 800
marks for interview = 100
Total = 900
60% of 900 = 540
Since I have obtained more than 540 marks (782 marks ) in ACR itself the deparment should have declared me fit for promotion. Thus deparment has wrongly complied the judgement. can I file contempt of court.
Anonymous
26 December 2011 at 18:51
sir,
past 7 years am working contract labour non-break in society of autonomous bodies. first 3 years consolidate salary and 2007 to till date on scale payment as per government rule. now they are going to changing again consolidate if it possible? and Are we eligible to claim regular post can you tell good solution.
Anonymous
26 December 2011 at 15:14
Sir,
my son was suffering from schizopernia and when he was taking treatment he has resigned the job without the knowledge of his wife and children and parents. He was an central government defence employee and he has not taken any settlement also. Now through some relaible source we came to know that he has resigned. doctors in Nimhans have given fitness certificate for rejoining the duty. But since he has resigned and not taken one rupee as settlement we went and met the director of the organisation and he told that the we have to taken up the matter witht he Head quarter. So we made an request to the Headquarter but till date there is no reply. He has put 9 years of service and he ha two children and old parents, wife what is the best way to get back his job can his wife proceed legally. Is there any way to get back the job. Accooridng to law with in seven years we can request for job they say. please advice.
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More response needed from differen legal experts of service matter
Dear legal Experts,
Please give your advise on the following query
Facts of the case
----------------------
An employee worked in 4 different delhi based companies of a large group having five different companies (manufacturing
and marketing same product) for 10 years as a clerk in corporate Income tax department looking after and assisting CA's in
Income tax work of all 5 companies.He also have appointment letters having 100% identical terms and conditions of all 4
different companies.
During his 10 year of tenure he worked for 2 years in first company, 2 years in second company, 3 years in third company
and 3 year in fourth company since the group companies keep on closing their manufacturing operations regularly as a
result of cost cutting and competetion from MNC but as old income tax work was going on for all the companies he was
needed and shifted regularly in the running manufacturing company.In the eleventh year of his service he was shifted to the
fifth company with a new appointment letter having same languages as earlier ones to do the same job profile but this time
he was given gratuity and full and final settlement of 10 year of service as per decision of management with a verbal
assurance from HR Manager of fifth company (who was also shifted from 4th company along with the workman) that since
your services are needed further your continuity of service is not broken.
The workman never applied for this 10 year of gratuity (from 4 companies) on Form I but his gratuity payment cheque of 10
year service was given to him after 3 months of his date of exit from the account of 4th company where he served only 3 years
and although he was not interested to accept, the HR Manager advice him not to ignore it as it will make management
angry with him and he may loose his job.Unwillingly under fear of losing job he accepted and encashed the cheque.In the 11th year one of his colleague who also received the gratuity from 4th company before joining fifth company resigned and at that time he was given gratuity amount as per formula of gratuity of 1 year of service from fifth company under Ex-Gratia head but not under gratuity head on his F/F payment.
Later on after passing of two more years the fifth company got merged in a large company who started retrenching old
employees under garb of economic recession and reorganisation of various department by giving retrenchment
compensation as per ID Act.This company also retrenched the workman by giving him only compensation from his date of
joining in the fifth company i.e. only for 2 years.
Now my questions to labour case experts is as follows :
Can the workman file a case in labour court and claim retrenchment compensation of total 12 year of service on the grounds
that
1)His service was continuous because at that time gratuity payment was just a formality by management of group controlling five
companies having synergy in business and mutual understanding among themselves so far as the employee services are
concerned
2) The gratuity paid was of 10 years from 4th company whereas the workman served this 4th company only for 3 years
3) The workman never claimed gratuity on his own by applying on Form 'I' as per gratuity act or never given resignation to
4th company
4) The gratuity payment on Form L given by 4th company was not within 30 days but after 90 days and is also without
interest of delayed days.
5) Form L do not have Name, Description or rubber stamp of 4th company ( but only have signatures of then HR Manager who advised him)
6) His colleague was given 1 year of gratuity under exgratia head keeping in mind the continuity of his service in the group
Please cite some High/Apex court cases if any favoring my right.