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Anonymous   18 June 2011 at 12:32

Factory Act.

Dear All Seniors,

I am working in a Construction Company in HR Deptt. The Company is dealing in road projects. In one of our road project there is a problem, We have HM (Hot Mix) and WMM Plant shifted in our project office area and we are producing the DBM and WMM by this plant for the making the road. Total manpower of these plants is almost 60 employees. Now the problem is that the factory inspector and labour officer forcing us for taking the license under The factory act but we have already a license under the Building & Other Construction Act. One of my senior told me that there is a provision in Factory Act. that if HM Plant And WMM Plant shifted in the project area than there is no need to take the license under the factory act he also told me that we are producing the material for use in our road project not for selling in market. i was trying to find that provision but still i could not found this, so you are all requested to please send me any notification, verdict or any Act section regarding this on my mail id. skduliea@rediffmail.com

Sanjeev Duliea
9646478784

prabhakar singh   18 June 2011 at 11:18

AN APPEAL FROM EXPERTS TO ANSWER

HEY BROTHER EXPERTS!
PLEASE EXPRESS OPINION ON QUERY POSTED BY Mr.YOGESH PANDEY UNDER HEADING "CAN U PLZ HELP ME".

Anonymous   18 June 2011 at 09:41

Date of Birth Discrepancy

Sirs/ Madams,

I am in Govt. PSU service since 36 years. In the application for employment I had declared the DOB based on my Matriculation (1967)/ Higher Secondary (1968) Board Certificates. At the time of joining in 1975 I had produced original Matriculation certificates etc. in support of Date of Birth which are given in company rules.

It was revealed in 2005 that the dealing person recorded the Date of Birth based on College Leaving Certficate (1974) and other erroneous document taken while joining.

After few years of service, at some emergency medical occasion I was forced to mention erroneous date of birth during service.

In the year 1996, company circulated the Bio-Data for verification mentioning my wrong date of birth.

Immediately request was made to the concerned department to record the date of birth as mentioned in Higher Secondary (1968) certificate.

Follow up was done.

In the year 2004 a reply came that the record is based on the documents submitted at the time of joining and it is not justified to correct the record after 28-29 years.

Susequently after one year they revealed the basis of record without justifying why the DOB was not reorded as per application and as per matriculation record.

On all places in the company and out side my date of birth is accepted on the basis of matriculation/ Higher Secondary only.

In Feb end, at computer network they have displayed my wrong date of birth as 2/1952 instead of 6/1953.

Recently they asked for documents, I have submitted all of them.

There reply is awaited.
Please advice me.

Yours faithfully,

Anonymous   17 June 2011 at 15:43

Acqusition of immovable property

I was charged for acquisition of immovable property without the permission of HOD. As per law it is to be treated as technical lapse. Any recent judgement is there on the above lines to support my case? kindly help with case no.?

Jawahar Rayar   17 June 2011 at 11:59

Service Benifits: which formula is correct

I was working in IIT, Kharagpur almost 8 years. Now I shifted to IIG, Navi Mumbai, with continuation of my past service. But there is a dispute in my present and previous organization regarding my service benefits. Hereby I attached the letter from IIT as well as IIG. I want to know which one is correct. If both are incorrect what will be the more appropriate formula for calculating the same.

Anonymous   17 June 2011 at 11:03

HRA for Husband and Wife

Myself and my wife both are govt servant, We haven't been provided a Govt accommodation, as we both are living together in a rented house.
We both are getting HRA, is it legal? or my employer can ask to refund the HRA of one of us anytime ?

Anonymous   16 June 2011 at 22:29

resignation from bank

can anyone guide me under which rule(Act and clause) the employee has to surrender 1 month's salary in lieu of 1 month's notice period while resigning from clerical post of a nationalised bank?

sushil khemka   16 June 2011 at 19:28

Elegibility of PF in 2nd unit

sir,we have setup a industries in bihar under public limited company and we were under provident fund and paying as provident fund and closed in 2007 but in 2006 we have started one more manufacturing unit under same company but in our second unit we were not covered under PF ACT because man power is below 20 person and came under provident fund act in 2008 becouse lmanpower increased from 20 person.My question is that department is now saying that company wll be covered scince starting just becouse our first unit was covered.pls advice.from 2008 we have no dues or any irregularities ,how can department ask for pf dues after 3 years from 2006 to 2008 where 80 % manpower hasbeen changed .

Rizwan Pathan   16 June 2011 at 17:11

Unauthorised Inquiry

Dear Experts,

One person is entered in our factory premises and asking regarding various products of company, effluents, preventing step for pollution control,

Now the thing is that he was coming from an NGO which work on Human Rights and under that he was coming to take information of company,

He didnot carry any identity card of his organization nither he had any letter.He bahave very reughly with us so leadibng to this we told him to call police as he was not authorized person to ask so. In reply of that he lold us that he knew the police people very well and they do not even tocuh him. Also he told that he was local person of area and in surrounding area there are lots of people nowing him, so that if he wants then using that power against us.

Now here i have some quarry that an NGO person can ask for company details without any proof under RTI act.

What steps we will able to take legally to stop this as per legal laws and standing order.

Please provide your expert opinion on abover matter.

Awsaiting for your feedback legally focused.

Thanks & regards,

Rizwan Pahan

Samieeeeye   16 June 2011 at 15:04

Regarding Legal notice to my friend! urgent

Case in detail
My friend joined a compnay in Dec 2009 and due to unnessary comments which he has to listen from seniors even after a fantastic performance he left the company without information in May 2010.
After an year he got summons on the address which he use to reside. Which contained
Amount against notice period not serving( 2 months salary) + relocation amount which company paid him to move + Iphone which was given to him by company + Client suffered amount= total 4 lacs

As he left from that place and now living at new place he heard all this stuff from one of his close friend and he also told as it was on his( friend) name and postman only can give it to you.

Now in his employement letter when he joined nothing was mentioned about relocation also no phone was given to him and as he worked as resourcing executive their was no bond involved from company and his client.its only mentioned that incase you leave you will have to pay 2 months basic.

I hope now it has given a clear Idea to everyone

Queries not comes is
1. Is company can take legal action after 1 year.
2. When no equipment was given how copany can claim that if required can my friend put a case against company
same goes for client suffering.
3.as he is livin at new place and summons were not accepted by currently residing person. Will any arrest is involved into it.
He is a poor champ and belong to a family who never ever faced such problem.He is under dipression after hearing this beacuse he has never harmed anyone as far as i know.

Pls suggest how he can come out of this problem.

looking forward to a reply which gives motivation to this guy.