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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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RAHUL AGGARWAL   08 September 2011 at 20:40

Releiving on rejected resignation

I was working with bank as an officer. got offer from Pvt Bank so resigned .till the date of resignation no disciplinary proceeding were contemplated or pending.on submitting reminder to relive me bank issued charge sheet without any show cause notice. Disciplinary authority asked me to admit the charges to get relived immediately so that i can join new bank.I did admit the charges stating that since i had already submitted my resignation i do not want to contradict the charges and admit the charges subject to submissions : I did replied in short the charges .Bank instead of relieving me ordered inquiry .the inquiry was held only on papers under an understanding that i will be relieved.I did signed the back dated papers anticipating that i will be relieved>but bank played fraud and first rejected my resignation and afterwards issued compulsorily retirement orders.By this time my offer of pvt bank was withdrawn so i rebutted all the charges with documentary evidences and submitted appeal for reinstatement which was rejected although I did highlighted that there was no real inquiry was ever held. than i did submitted review before Chairman wherein I was asked to submit a ;letter that in case reinstated i may be allowed to resign . I did submit that letter although i was not in service on that date due to compulsorily retirement. .chairman set aside both the orders of disciplinary authority and appellate authority and issued my reinstatement orders. But Gm personnel issued orders stating that my resignation has been accepted and i will be relieved on the same day i reported for duties on reinstatement.I did protest but all in vain .Than i took the matter to delhi high court and stated that my resignation was rejected and other letter was simply a letter asking for permission to resign so my relieving was illegal. But court decided in bank favour treating my letter of the date when I was under compulsorily retired as resignation.My lPA ands Slp were dismissed in limine.
Now I have letter of bank where they have stated that i was relieved by accepting my resignation dated 22.06.98.I have rejection dated 11.08.98 of this resignation. In another letter bank said they have accepted my offer dated 19.12.98 and relieved me.( I was not in service on 19.12.98 so how they can treat it as resignation.
Please advice whether i can approach court again after losin gmy writ in 2002 and LPA /SLP in limine and tha/lpa/slp in review in 2006 with the Reason that high court order has been affirmed by highest court. But as far as i know merely dismissal of slp in limine does not affirm the single judge order.

I think that since now i have bank document stating that they have relieved me by accepting my resignation dated 22.06.98. And I have letter in writing rejecting it.Besides CMD note wherein it is mentioned that there is force in my arguments in review that no real enquiry was held and i admit the charges under an understanding that I will be relieved.
On the basis of these documents i want to approach High court again stating bank misrepresented the facts and played fraud with the court and relived me forcibly on rejected resignation .
Please advice.

Anonymous   08 September 2011 at 17:09

Epf act-minimum pension

what is the minimum pension payable under Employees Provident Fund & Miscellaneous Provision Act.Pl.quote the relevant rule/circular.Who is the appellate authority to make representation to enhance the minimum pension of Rs.145 now being paid to a EPF Subscriber who has rendered 9 years service

Jagannath Ray   08 September 2011 at 15:29

Urgent response seeked.....

What is the legal difference between Probationary Period,Trainee Period and Apprenticeship Period, in context of employment.
In an employment advertiement,it was told that the Apprenticeship and Training period would not be considered for Post-qualification experience.So,if one had joined a company as a Probationary Officer,then shall his probationary period of service be considered for Post-qualification experience?

Anonymous   08 September 2011 at 12:47

Clarification regarding availing the benefit of reservation

Dear sir,
I want to know that whether a person belonging to st category can avail age relaxation benefit against an unreserved group A level post under direct recruitment in a Central govt. organization pls. clarify.

PBS KUMAR   08 September 2011 at 12:12

Bonus coverage

Dear Experts,

If the company in loss, even the allocable and available surplus checkings. Is it mandatory to pay the Bonus to the employees ? Please give the reasons with case laws if any.

Regards,

PBS KUMAR

Anonymous   08 September 2011 at 06:07

Applicability of bocw act

I AM WORKING IN A CENTRAL PSU . WE HAVE GIVEN SEVERAL CIVIL & OTHER CONSTRUCTION CONTRACT TO VARIOUS PARTIES . PROBLEM IS 90% CONTRACTOR IS GIVING IN WRITEING THAT BOCW IS NOT APPLICABLE ON HIM BECAUSE THEY DEPLOY LESS THAN 10 LABOURS FOR SAID WORK. SOME ONE HAVE TWO OR MORE CONTRACT AT SAME PLACE & OTHER PLACE IN OUR ORGANISATION .
PLEASE CLARIFY WHETHER IT IS CORRECT OR NOT ? AND WHAT IS THE RESPONSIBILITIES OF US AS A PRINCIPLE EMP ?

vishal   07 September 2011 at 21:55

Repercussion of breaking a service agreement

I was employed by an MNC under a service agreement of 3lakh rupees on Non-Judicial stamp paper.
Any document or security was not taken from me.

The issue was that I was made to work day & night & the service period was not fixed.
It was written that the period is 2 years after date of confirmation & there is no definition of date of confirmation in service agreement.
Also it is not written within what period I should pay back the money.
I served organization for 7 months after 2 month training & left with an accepted resignation but no relieving letter in last november.
They did not communicate anything for 10 months & now suddenly asking for bond money & threaten in mails to take legal action.

"6. At the time of joining, the employee had undertaken to complete the training and remain in the
employment of the Company for a period of two (2) years from the date of confirmation of services.
It is hereby agreed that should the employee wish to resign at any time after the date of joining and
two years from date of confirmation, the services of the employee are otherwise terminated on
grounds of misconduct during such period, employee agrees to pay the employer a sum of
Rs.300,000/- (Indian rupees three lakhs only) as liquidated damages for the cost of training,
disruption of work and the possible loss of business to the employer."

In this clause even if they terminate our services, employee has to pay the money.
So is it fine for them not to have any liability.

Let me know what I should do?

Anonymous   07 September 2011 at 17:15

forcely stay in school after school time


Message :
Dear Sir, I am teacher in kendriya vidyalaya sangthan. Our principal takes meetings more than 10-15 times in a month after school hours by giving office order without providing any comensation i.e. ccl or additional payment and threatens for extensions of PROBATION PERIOD in case of absence in meeting. Please suggest me whether I can go to labour court for this harrasement and compensation. May I claim for this over time? waiting for your reply. THANKS with regards.

Ranganadhan   07 September 2011 at 17:00

Gratuity eligibility

Hi,

I am working in a Software company. I joined on 19-Feb-2007 and I will be relieved from this company on 21-Oct-2011.

In my appointment letter it is mentioned that "you are eligible for Gratuity amount if you complete 5 years in this company."

And I came to know that some Verdict came regarding this Gratuity Policy. I am not sure about this.

[Note: Saturday and Sunday are holiday in my company]

Will I be eligible for Gratuity?

Thanks,
Ranganadhan

Anonymous   07 September 2011 at 15:14

Compassionate apointment in lic of india

hello sir

मेरे पिता जी भारतीय जीवन बीमा निगम शाखा सुलतानपुर में
लिपिक पद पर कार्यरत थे। उनकी आकस्‍मिक मृत्‍यु उनके सेवाकाल में ही
दिनांक 19,10,2009 को हो गयी। उनका अन्तिम संस्‍कार करने के पश्‍चात मेरे
परिवार की सहमति से मैंने मृतक आश्रित रूप में सेवा प्राप्‍त करने के लिए
आवेदन किया। आवेदन के कुछ दिन बाद मंडल कार्यालय फैजाबाद से मृतक आश्रित
के लिए प्रार्थना का प्रारूप आया जिसमें कहा गया कि इसे पूर्णत: भरकर
सारे शैक्षिक प्रमाण पत्र लगाकर अविलम्‍ब भेजें। मैंने फार्म को भरकर
शैक्षिक योग्‍यता एम0ए0, बी0एड्, जन्‍मतिथि (25,08,1978) प्रमाण पत्र
लगाकर भेज दिया। उसके बाद मण्‍डल कार्यालय से विभागीय जांच आयी और जांच
के पश्‍चात साक्षातकार के लिए पत्र आया। मेरा साक्षातकार 4 मई 2010 को
मण्‍डल कार्यालय फैजाबाद में हुआ। तब से लेकर आज तक कार्यालय की तरफ से
मुझे कोई सूचना प्राप्‍त नहीं हुई है। जानकारी करने पर पता चला कि मेरी
उम्र अधिक होने के कारण मुझे नौकरी नहीं दी गयी। विभाग की अधिकतम आयु
सीमा 30 वर्ष है। जबकि जब मैंने आवेदन किया था। तभी मैं 30 वर्ष से अधिक
था। इसके बावजूद विभाग ने सारी प्रक्रिया पूरी करवायी और इतना समय बीतने
के बाद भी आज तक मुझे कोई जबाव नहीं दिया। मैंने विभाग को पत्र लिखकर
जानकारी मांगी लेकिन उसका भी आज तक कोई जबाव नहीं आया।
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रहूंगा।
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