mukesh Gupta
05 July 2011 at 16:29
Now a days the disciplinary proceedings have become very complicated. many judgments have been passed on following the natural justice principles.
My queries are as under;
1. whether in a case where major penalty proceeding have been initiated can disciplinary authority impose minor penalty?
2. If yes, whether it needs to give the enquiry report as viewed by Supreme court in B. Karunakar case.
3. what will be the position if the the disciplinary authority for major & minor penalty is different.
i am of the view thst yes the minor penalty can be passed and therein no need to give enquiry reprt. but i have doubt about thrid part. I am of the view that the concerned disciplinary authority of minor penalty should pass the order.
Pls guide.
A.R.Mukundan
05 July 2011 at 14:59
Can a 17 year old person be appointed as an employee of a Company? kindly clarify
Y Singh N Rajput
04 July 2011 at 18:55
A sick pvt ltd company closed its operations. The assets were sold by bank under securitization act. The labour court orders that the company pay gratuity and other dues of the retrenched employees.(The company is yet not bound up).
Please advise against whom the liablity to pay the dues would remain? - (a) Personally the directors of the Company, (b) The Bank that had taken over the factory/assets or, (c) the purchaser of the assets?
Anonymous
04 July 2011 at 18:09
Myself is K.S.Venkatasubramanian working as Addl GM,BSNL,Salem,Tamil nadu.I am an ITS officer of 1987 batch .I am under orders of transfer to Kerala Telecom Circle on my regular promotion to SAG and posted as GMT,Malapuram.I have an issue on this.The order has been issued on 20-04-11 by BSNL Corporate Office,New Delhi.I have very recently served in Srinagar Telecom District[which is 1 year hard tenure area] of J&K Telecom Circle as DGM(P&A)completing 1 year 5 months service there from 04-07-08 to 19-12-09.It is just 1 year 6 months that I am in the present station.As per transfer policy of BSNL,an officer who has served hard tenure service will not be normally be disturbed for atleast 4 years. Immediately after the issue of the order I have given a representation for my retention in Tamil nadu Circle through CGM,Tamil nadu Circle citing the above 2 reasons.My case was strongly recommended by my CGM fo my posting at vacant Coonoor SSA and forwarded on 27-04-11 to Dir(HRD) BSNL Corporate Office.As on date there are 3 more SAG vacancies unfilled in this Circle.I also personally met Dir(HRD) and Sr.GM(Pers) at Coporate Office,New Delhi on 10-05-11 aand 13-05=11 res and apprised them my case.Dir(HRD) assured to consider my case but asked for some time.I waited for 1 month during which several of my batchmates promoted along with me got the orders changed to their needs[nearly 5 to 6 of the 10 officers promoted in my list].But nothing happened in my case.Incidently when I contacted Sr.GM(Pers) and enquired the status of my case he informed that since they were not able to succesfully work out the substitute for GMT,Malapuram[the officer for whom I was posted as reliever]they had not decided anything on my case.But all of a sudden,the very next day (ie)on 14-05-11 he had brought pressure on CGM,Tamilnadu Circle and my circle has relieved me on 14-05-11.It is undetstood that he had done this due to pressure from CGM,Kerala Circle.But I had managed to get 2 months medical leave from 14-05-11.Hoping to get some jutice and put an end to this problem,I made one more trip to Delhi and met Dir(HRD) and SrGM(Pers) on 20-06-11 and 21-06-11 resp.Dir(HRD) informed that my case had not been put up to him at all and he would favourably clear it once it is put up to him.But SrGM(Pers)informed that he had already discussed my case with Dir(HRD)and because of their inability to succesfully work out the substitute issue,nothing has been decided in my case.The cintention of SrGM(Pers) is highly inconvincing and misleading as they have been been able to successfully work out substitutes in several cases on transfer orders issued susequent to my order to the same Kerala Circle in the same SAG cadre.Also there are very clear guidelines in the transfer policy for this issue.Normally in such situations those officers who are in the longstanding list of the incumbant Circle will be shifted out.In my present case,accordingly there are minimum 3 to 4 officers in Tamilnadu Circle and Chennai Telephones[as the prsent GMT,Malapuram is posted to Chennai Telephones]who are continuosly in Tamil nadu Circle or Chennai Telephones for the past 6 to 8 years. The real fact is that I am an officer with no influence and Godfathers and taking granted for their ride.Also I would like to point out that I am an officer with a clean record of service without any blackmarks or cases against me during my 22 years of service.My performance had also been Very Good/Outstanding over the entire service.Is there any remedy to my problem through legal course of action or is there any other wayout?.KIndly help me and advise me.My phone no is : 9443200304.My nail id is : mccurdi@yahoo.com.Help me
Anonymous
04 July 2011 at 17:56
Sir,
I have some doubt about compassionate appointment in the govt. of India:-
1. Whether after the death of a personal serving in govt. department, his eldest married son or daughter is eligible for compassionate appointment,
2. If wife of the deceased id unwilling to accept offer of compassionate appointment, then can she denounced offer of compassionate to any of her son or daughter as per her wishes.
3. What are the main conditions for compassionate appointment.
Anonymous
03 July 2011 at 22:00
sir,
I want to know the minimum wages of weavers of Dharmavaram silk saris, as per the governament act under the textile G.O. we can not found that information, please help me. which percentage to give in the sarees price.
Birendrasinh Vaghela
03 July 2011 at 20:04
Hi,
I am working in leading PSU bank as CRE - officer on contract from last >3 years. I already got two renewals as CRE from management side. I, by way of request form, claimed for permanent absorption in the system but the result is, unclear future promises.
now i would like to know what can be done in the same? is there any labour laws are there which may brings smile on my face?
Thanks
Raj
03 July 2011 at 10:00
Dear Professionals.
I am working in a organisation. recently i resign fr. my position with one month noitced.My Manager not accept the resign letter from me. But I sent resign letter through mail to Manager and HR also.Moreover I got the offer letter at the time of joinging notice period 3 months or pay 3 month salary. But i did not sign the offer letter & return the same to admin. so that my question is, the employer can suit me under any law. They can take any legal action on me. If any such that please advice me.
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ACCEPTENCE OF RESIGNATION
hi seniors
i have resigned to my establishment where i am working from past 5 years as HR due to salary delay. i have supposed to get 4 months salary which is due , due to bad politics in the dept hods. i have asked for 15days to relive me , but till now no reply from management nor not released the due salary. but few hods have convinced me to rethink about the resignation, because i am leaving without new job. i have few below queries for my respected seniors / friends;
1) Can i leave the organisation after 15 days if they do not reply to my mail?
2) Can i take legal steps on the issue and ask for damages / interest on my salary due
3) As we have the system of 1 month notice period..can i leave in 15days saying the reason of salary delay in the labor court?
4) As i am in to administrative staff can i go to labor court or labor officer for this fight?
5) Is there any chance i can take a written letter from management to settle my dues within the date?
pls advice
with respect
suraj