Anonymous
05 October 2011 at 19:29
I have heard that most bonds in india are one-sided and nonenforceable.But many PSU's have bond.How can PSU's use bond when the constitution implies right to freedom of work for employees.Thank You
nagesh shripati kalgutgi
05 October 2011 at 18:54
Dear sir
I was working permanently in sangli miraj kupwad city muncipal carporation . i was selected through maharashtra service public commission in water resource department as assistant engineer grade 2 . i applied to this exam through proper channel. now i have joined state government at bas1c 10900-34000. my last pay basic in corporation was Rs 14700. New Deparment says apply for approval of state government.sir i have applied for approval to state government. sir please guide me how my basic pay will be protected any law for it may please informed to me?
prashant1314
05 October 2011 at 16:05
Dear Experts,
Could you please help me to understand who holds Administrative Power & Quasi Judicial Power in Labour Court / Industrial Tribunal?
Ritesh Prajapati
05 October 2011 at 14:54
Good Afternoon,
What is the process to terminate the services of workmen who was declared as Protected Workmen during the process of disciplinary action against him.
Anonymous
05 October 2011 at 14:32
In a bond that a software engineer friend of mine had signed ,the following clause is present
"Your services will not be terminated without giving 4 month notice or 4 months of pay,however in case of any misconduct,long or frequent absence,non performance of duty,indulging in any activity which may lead to insecurity in the minds of the employees,your services may be terminated without any notice or any compensation.In the event that your services are terminated on disciplinary grounds,you shall be liable to compensate the company.Such termination shall be considered as equivalent to desertion of post and shall be liable to pay the company."
My friend underwent training for few months and the training expenses are a part of the bond money.
I request you to please give your opinion on this matter.Is such a bond enforceable.Can someone who has been made to sign a bond be made to pay the bond money in the event that the company removes him.
If i have to present the full bond it may take time.
Thank You.
sukhpal singh
05 October 2011 at 13:38
Sir
If a disciplenary proceeding held ex parte and when the presenting Officer submitted his brief to the Enquiry Officer and the Enquiry Officer send the brief to the Delinquent for his comment and at that stage if the Delinquent demanded certain list of documents.
Can the Enquiry officer says that he had taken up the matter with the disciplinary Authority and the disciplinary had denied to give the documents demanded by the delinquent at this stage oreover the documents demanded were not tracable or irrelevant?
Can the accused take this plea while filing a writ of not providing the documents for defence? In this case the delinqued had tendered his resignation before the Chargesheet served to him.
prashant1314
05 October 2011 at 00:51
Dear Experts,
Could you please help me understand what is " sub-section (3A) of section IOA " in below defination
Industrial Disputes Act, 1947
18. Persons on whom settlements and awards are binding
1[(1) A settlement arrived at by agreement between the employer and workman otherwise than in the course of conciliation proceeding shall be binding on the parties to the agreement.
(2) 2[Subject to the provisions of sub-section (3), an arbitration award] which has become enforceable shall be binding on the parties to the agreement who referred the dispute to arbitration.]
3[(3)] A settlement arrived at in the course of conciliation proceedings under this Act 4[or an arbitration award in a case where a notification has been issued under sub-section (3A) of section IOA] or 5[an award 6[of a Labour Court, Tribunal or National Tribunal] which has become enforceable] shall be binding on-
(a) All parties to the industrial dispute;
(b) All other parties summoned to appear in the proceedings as parties to the dispute, unless the Board, 7[arbitrator] 8[Labour Court, Tribunal or National Tribunal], as the case may be, records the opinion that they were so summoned without proper cause;
(c) Where a party referred to in clause (a) or clause (b) is an employer, his heirs, successors or assigns in respect of the establishment to which the dispute relates;
(d) Where a party referred to in clause (a) or clause (b) is composed of workmen, all persons who were employed in the establishment or part of the establishment, as the case may be, to which the dispute relates on the date of the dispute and all persons who subsequently become employed in that establishment or part.
prashant1314
05 October 2011 at 00:22
Dear Experts,
We have 08 paid holidays ( Annual Holiday Calendar ) for our Company
So there was Ganesh Chathurthi as Holiday we company members got paid holiday for this day
1)Does it obligatory for Engineering Company - Under Factory Act in Pune - Maharashtra to give paid holiday to contract workers in our company?
2)How much paid holidays should be there in Annual Holiday Calendar for Engineering Company - Under Factory Act in Pune - Maharashtra?
3) In case of security guards they have to work 24*7 so what is principal employer i.e. our companies liability to provide them paid holiday?
prashant1314
05 October 2011 at 00:08
Dear Experts,
In given below payscale what is the meaning of eb also request you to please help to understand the given below payscale
400-20-600-40-800-EB-50-1000
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Interogation problem
Sir I was working with the education institution for 14 months as an office assistant without appointment letter.During that period there was no single complaint against me?But in the month of July when institution account get audited there was discrepancy of Rs.3800 was found in my records for which i have apologized to the management and told them to pay back.
Due to such reason management had stopped my salary and did not paid me single penny i.e. for 3 months and i had to left the job till my all work get audited and nothing found except that problem.
After a week time I received a call from Police station about the theft of computer on which I used to work and call me for interrogation without any court notice .In statement i told them that I worked with the institution 14 months & only owes last half month salary and rest is paid.Now management is charging me in case of theft with the help of institution member while i did not have any contact with school department either personally or officially from the day i left.If any of the judge asked for my billing details I can handover at any time.
Please suggest what are the steps that I can take against institution and What steps they can take against me?