Anonymous
12 December 2011 at 19:15
sir i m law student...one query of my friend is here...he has worked with a x company in maharastra from 15 april 2010 to 24 nov..he came on leave to native place delhi for 10 days leave..here he gave interview and got selected..company y wants immediate joining..he posted resignation on 27nov..he joined on 28 nov..but company y wanted acceptance of resignation on written..without acceptance company y told him that he has given only provisional joining..first come with acceptance of resignation then we will take him on pay roll..he took leave without pay on 28 nov(including date of joining)on same day of joining ..and went to prior company..and with acceptane of resignation letter came back on 19 dec.he came on pay roll of company y w.e.f. 20 dec.now he resigned to company y and got relieved on 25 dec..but company y has issued experience letter from 28 nov to 25 dec..but he is only on pay roll of 20 dec to 25 dec.he has now joined another company on relieving of y company..and new hr has asked for overlapping of dates?
sir i want to ask is this dual employment?what should be done by him?
pls suggest...thanks alot
Anonymous
12 December 2011 at 12:01
iam working in a public ltd company.we have four units in the food sector.now we have inducted 100-120 workers in various units to step up production,expansion and diversification processes.we are keeping separate registers for permanent staff of the units as well as casual and temporary registers for unskilled workers.covering all workers under esi &pf will be financially burdensome to the company since many of them are migrant or contract workers and they have to be registered under migrant workers act with consequent liabilities.so what is the best option available to the company in bypassing statutory requirements?can the workers be enrolled in group insurance schemes?are such schemes substitute for esi?are temporary workers under contract required to be enrolled under pf scheme?how can we best manage the situation without incurring much liabilities?i hope you follow me?
Anonymous
11 December 2011 at 23:44
Sir,
Further to my previous "Q" I wud like 2 add that "release" as mentioned in the impugned order as well as the Tribunal Order means- release from the services on medical grounds.
The applicant has challenged the release order as the medical documents have not been given to the applicant( based on which the release order were issued) even after issuing of show cause notice.
Therefore, my earnest submission to the learned counsels is:
When the tribunal has declared the release order dtxxxx as the "impugned order"
can the employer continue implementation of such an order as the decision of the tribunal has still not come?
Since this employer has done exactly that, can it be counted as violation of court/tribunal order?
Anonymous
11 December 2011 at 18:44
I have a case in CAT (Transfer issue). The orders reserved by the single judge. But even after one month the judge had not passed the orders.
Is there any ruling which fixes the time limit for pronouncing the orders?
Anonymous
11 December 2011 at 16:36
Under Standing orders only Manager is authorised to issue letter of termination.Can the power be used by other officers without being notified as manager?Can manager delegate the power to other subordinate officers.In short can delegated power be further delegated without express provision to others?
Anonymous
11 December 2011 at 13:57
Dear Experts,
What is mean by unit/ undertaking of " Non-employee" Character?
Thanks in advance.
Anonymous
11 December 2011 at 13:16
Sir,
A release order by services has been challenged in a tribunal which has admitted the appeal/petition and stated that "in the facts and circumstances, the release of the applicant on the basis of the impugned order dt xxxxxx shall be subject to the decision of the Tribunal in the OA."
Now Sir,
Can the impugned order dt XXXXX be implemented by the defendants? That is to can the applicant's salary etc be stopped post the order passed by the tribunal?
The OA has still not been decided.
However the respondents have staken a stand that the tribunal has not said that the release order be stopped. Therefor they continue to harass the applicant and force him to vacate govt Qrs and /or pay penal market rent etc and also stopped salary wef the date of release order.
Therefore the basic "Q" is if the release order is the impugned order, can the services with disregard to the Tribunal, go ahead and implement it?
Anonymous
11 December 2011 at 11:14
An employee was terminated after domestic enquiry.After few days, for Industrial Relation reason the termination was withdrawn unconditionally and employee was reinstated and he joined duty.The employee was again terminated on the basis of earlier enquiry under the plea that withdrawal of termination does not amount to it's cancellation.Is the action valid and tenable?
Anonymous
11 December 2011 at 11:07
In one hospital report was received that an employee had asked illegal money from patient.On the basis of report he was suspended pending enquiry.On priliminary enquiry no credible evidence was found.The suspension was waived.Can the employee file complaint of defamation.Does the internal memos in employment amount to defamation?
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Cross examination of management by workman
Dear labour case experts,
To prevent delay in court case, can a workman in
a labour case be allowed by presiding officer to
cross examine management and further do
arguements if his lawyer is making fool of him
and willfully missing dates given by court.