Anonymous
15 July 2011 at 09:38
I was serving a private bank since oct 2007. In Dec 2009 I had a breakdown and was diagnosed with severe depression. Despite several attempts at counseling I was still depressed. In Nov 2010, friends and family helped me get to an intensive counseling center in Thailand. Please note that all decisions during this time were made by my wife, immediate family and friends.
I returned from Thailand in Jan 2011 and at the first available opportunity met my supervisor and gave him a report on my situation. During the course of my illness, the bank was duly informed of my condition, colleagues had come to visit me and had apprised the competent authority of my condition. My salary which was being credited was stopped and then resumed all on its own. This was on Feb 2011.
My supervisor called for a meeting with the Regional HR head, who told me that I was to deposit a sum of375000 approx. and submit all medical proof available to me. I subsequently took a loan and deposited the money in my sal account. There was no action for months. After good number of reminders through mail and post, the matter was again taken up, as the HR was perhaps busy in promotions, transfers which usually take place at the start of the Financial Year.
Then in June 2011, the matter was again taken up with the Central Office HR and after what seems like a serious deliberation, came out with a figure of4,57,000 which i need to deposit. Only after this task is completed will they take up my rejoining at my previous post or attend to my resignation if I wish to resign.
I want to know
a) if legally, I am bound to pay back the money as the office was duly informed of my condition and yet salary was still being credited into my account. In fact even during appraisals, when my supervisor had again reminded them of my being on medical leave, the salary continued to be credited.
b) how do I contest the validity of the quoted figures. If there is a certain process, what is it? and what would be the correct way to proceed!
c) I would like to resume duty, but right now its only verbal non-committed answer, that they'd take me back. They are under no obligation to take me back despite an impeccable record and the recommendation of my supervisor. I fear that having paid the amount, I would lose my bargaining power perhaps even my job.
d)Even if i have to pay the amount back, I need to take another loan, whose repayment i can't guarantee if the bank doesn't let me resume duty. Is there a way to get around this?
e)Would it be advisable to take employment elsewhere and pay back the amount slowly. Its hard to get employed without a relieving letter. So is there a way to work around this too?
f) If I do serve a legal notice, will i be able to get a relieving letter of course after the legalities are sorted out. What happens if the verdict goes either way.....ie either in favour of the bank or in my favour.
I would appreciate the advice of experts on the matter.
Thanking you in advance!
anshul sangal
15 July 2011 at 07:31
Sir my question is whether casual employee comes with in definition of 'employee' under employee compensation act 1923 .also give some case law on it.
Bhupesh Rawat
15 July 2011 at 00:46
Respected Sir,
I am Bhupesh Rawat, i was working as a Sr.Software Engineer in a Delhi based company Olive E Business located at B1 / H2, Mohan Coopertive, Mathura Road, Near Haldiram, New Delhi, my employee id was OL-225. I worked there from 1st Sep 2005 to 26th Feb 2010. During my working period the company did not paid my three and half month salary. Whenever i ask them the company officials refuse to reply anything, i have also send mails to the directors of the company regarding this several times but i did not got any reply from them, it seems that they are not in a mood to pay the pending salary. The company has done this things to other ex-employees also.
I request to kindly give the solution so that we can get our hard earned money back.
N.J. MISHRA
14 July 2011 at 15:51
CAN P.F. INSPECTION CAN BE DONE BY ANY REGIONAL E.S.I. INPECTOR. WHETHER E.S.I. INSPECTOR FROM DELHI CAN ASK THE COMPANY BRANCH IN DELHI THAT HE WANTS TO VERIFY ALL DOCUMENTS THAT ARE MANIAINED IN HEAD OFFICE, SAY CHENNAI.
PLEASE MEMBER KINLDY GUIDE ME.
Ankarsh Rattan
14 July 2011 at 11:50
I have been working as Sr Scale Stenographer since Feb, 1993. Due to lack of Depttl Rules the Sectt rules are implemented. As per Sectt Rules after completion of 5 yrs Service as Sr Scale Stenographer, candidates are eligible to promotion. I represented my deptt for upgradation of my post. the deptt took up the case with Finance Deptt. Finance Deptt cleared my case for promotion after 13 years in 2007 with a condition that necessary amendment in rules may kindly be done. But for one reason or the other the rules are not amended till date. As per Sectt rules I am eligible for promotion from Feb 1998, but not getting it through. Please let me know what should I do to get my long pending dues. Thanks
with warm regards
Surinder Kaur
Anonymous
14 July 2011 at 02:11
I had been Terminated from my employment after 16 yrs. of my service. The employer had not given any prior notice of termination. The termination has been due to the fact that we 16 staff employees had taken the cause of raise of salary and Union activity under the leadership of Mr. Rajan Raje. The case is still been carried in the office of Labour Commissioner office. They give us Taareekh pe Tareekh. Please advice us how to fight this legal battle very fast.
BAYAPU REDDY
13 July 2011 at 14:47
IS IT MANDATORY TO IMPLEMENT PAY SCALES AT PAR WITH GOVT FOR TEACHING AS WELL AS NON TEACHING STAFF. ANY COURT JUDGEMENTS
N.J. MISHRA
13 July 2011 at 12:08
please member kinldy guide me in my below mentioned query
whether ESI inspector has right to comment on Employees Provident Fund registration or rules or can examine the same?
rajesh
13 July 2011 at 11:36
sir,
i am working in a central govt department in a gazetted officer rank, at ahmedabad. my spouse has been transferred on promotion to bangalore last year. An OM issued by DPT states that the cadre controlling authority should post the employee to the same station of posting of his or her spouse if post is available. Contrary to this, if i apply for a transfer to bangalore on personal grounds, my department wants me to give an undertaking or a mention in the request that i shall be willing to join a lower post (a direct fall from the grade pay 5400 to 4200) to consider my transfer, though they will protect my pay in the pay band. I was wondering how this is justified when on one hand Govt wants husband and wife serving in the same department to remain in the same station, and on the other hand the department is following the rules stipulated for transfer on personal grounds? Moreover, i feel depressed and demotivated since `grade pay' is the deciding factor (post 6th PC) for allowing almost every benefit to CG servants, downgrading to a non-gazetted post that too reducing to a grade pay two levels lower does not make sense. Anybody can advise me how to go ahead with my transfer request please???
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querry for tax
sir
what is the limit of ESI and EPF for Deduction of ESI and EPF on Salary and when will not applicable for deducted the ESI and EPF on Salary