ravi juneja
27 May 2011 at 22:05
My department had given the advertisement for recruitment of 90 Engineers in the stream (Electronics-30, Mechanical-30, Electrical-30).
The department had followed the following recruitment procedure:
1. Electronics (30Nos) - Interview in month of june,2007 and joined in service on August,2007.
2. Mechanical (30Nos)- Interview in September,2007 and joined in October,2007.
3. Electrical (30Nos)- Interview in November-2007 and joined in service on December-2007/ January,2008.
Now the department is making seniority on the marks awarded in selection process and make inter see seniority.
My Query:
Can the department make the inter see seniority on the basis of awards of marks in selection process ? by ignoring the length of service and can we prove the selection of mechanical and electrical selection is a subsequent selection.
My Submission :
1. when the electronics engineers had joined the service the fate of Mechanical & Electrical was not there.
2. When Mechanical Engineers joined Electronics Engineers already served in department for two months and even when electrical engineers joined electronics engineers had served six months in job.
Sir,
I need the good judgement on seniority issue where length of service cant be ignored of supreme court of India. My case is going for argument in September and i need the help of esteemed professionals and served the real purpose of the website to get me justice. I am the sufferer of electronics batch whose seniority is affected badly.
Ajay Pal Jangra
27 May 2011 at 20:41
Subject : Not getting promotion from the post of Range Officer to HFS officer due to due to pending litigations among senior HFS officers.
Sir
We the members of Haryana Forest Rangers Welfare Association are not getting our promotion to next post of HFS due to various & several litigations pending in Hon’ble High Court of Punjab and Haryana. 7 HFS officers are to be promoted to IFS cadre and these vacancies are due for promotion since 1.1.2008 (4 no.) and 1.1.2010 (3no.). These litigations are regarding seniority and confirmation among HFS officer. These litigations are result of over cleverness, selfishness and over ambitions of some of HFS officers. Until and unless these litigations are decided by court, there can be no vacancy for promotion of Range officer to HFS. Court may take another 2-3 years to decide these litigation. The department is not promoting Range Officers to HFS saying that there is no vacancy due to above mentioned reasons. As a result of this the Range Officers are badly affected and service carrier of members of this category is also badly affected. It is causing us harassment, blocking our future prospects and pecuniary losses as well without any fault of ours.
Please guide us-
1.Whom to approach and how we should proceed to get our right of promotion which was due to be provided to us immediately after 1.1.2008 and 1.1.2010.
2. Some posts (may be 6 no.) of HFS officers of Direct Quota are vacant but we are not getting promotion against these posts also. It will take about 3-4 years of time to the department to fill these vacancies due to procedure of recruitment and training. Can we get promotion against these posts as after court decision these vacancies can be adjusted again.
3.Should we suffer without any fault of ours.
4. How we can get justice and our right of promotion.
With regards.
Monu Bhardwaj
27 May 2011 at 16:54
A person is carrying trading business. He is Operating business by creating four Pvt Ltd Companies in which he and his wife are directors in 50:50 ratio of shareholding. He is also running a partnership firm in which he and his wife are partners in the equal ratio. The whole process of business is as follows:
1. They are raising unsecured loans in personal names and transfer the same in one of the company. Company is paying interest and instalment of that interest by the company’s cheque directly to the bank/financial institution.
2. No TDS is being deducted from these payments.
3. Directors transfer funds to purchase property in their personal names.
4. Interest of Rs. One Crore per year is debited to the profit and loss account.
5. Limits CCs of Rs.10 Crore had been raised in the relevant companies but used for purchase of property.
6. No enough working capital is left in the business and they raise further loan secured or unsecured or home loan.
7. No statutory compliance have been made.
8. Furhter they create a vogus proprietorship firm and the turnover is Rs 2 Crore per year and the whole sale from this concern is in cash. There is no cash in the books but they deposit lacs of Rupees in bank from black money.Cash balance is also negative which will be made positive from receiving cash from old accounts of bad debtors.
9. They are using faque Form C for avoiding sale tax in the above concerns.
10. They are not registered in PF ESI Shop Establishment Acts.
In the above all they are evading lacs of rupees sale tax service tax income tax and not paying the employees their salaries in time.From April 2010 they announce increment in our salary but we have not received arrear of salary from April 2010 to Dec 2010.We have not received our leave encashment for the financial year 2010.
My problem is that I was the previous accounts head of this concern and they are threating me that if I say something to someone they file a FIR against me or theat me by saying that they can destroy me and my family.
I humbly request all the members of LawyersClubindia to help me by suggesting where to complaint against these concerns by not disclosing myself or keep my identity confidential.
abhay paralikar
27 May 2011 at 16:44
Is gratuity needs to be paid on the Special Allowance given to employees.
abhay paralikar
27 May 2011 at 16:41
I am working in a hotel as a Manager Personnel. I understand Rebate is provided in Minimum Wages Act on Food provided to employees. Can i know the full details please
Anonymous
27 May 2011 at 16:10
Dear Sir,
I was chnsged my job and join a new one in this job i had signed one bond i which they mentuined the word likr principle of "Need to know basis" & "Breach of trust" can u explain me the meaning of this
Also in my bond it was mentioned that if i leave my job within probation period(6 months) then i have to give my 6 months gross salary to company and ig leave after probation then it will be for to months gross salary or 2 month notice period.
In that there is one more bond regardin non-circumvention & non disclosure in which i cannot reveal compny secrets to another organization.
One morething our constitution allows us freedom of employment so why this is prevailing in our country also as per Sec27 of indian contract act(1872) people of india have right to use their potential anywhere they thinks to use no one can bound them.
Please provide your expert advide on the aforesdaid subject,
Thaning all of you,
Regards,
Rizwan Pathan
Anonymous
27 May 2011 at 16:04
Learned Experts, Can you please enlighten us on one doubt. we are a small company covered by the S&E Act and in MAH, EC Act is extended to employees of the establishment! We have covered all employees with personal accident policy for a lumpsum, premium paid by co.(employees are above ESI limit). In case of accident arising in the course of employment would the policy settlement by the insurer would suffice compensation or we haveto pay as per EC Act. If we have to pay as per EC Act, can we offset the insurance policy amount from the actual compensation payable as per the EC Act.
Anonymous
27 May 2011 at 15:24
Hi
We have an employee who caused us much damage and before we could terminate him, he sent in his resignation. Is it legal to not accept his resignation and terminate him?
Anonymous
27 May 2011 at 15:21
Dear Experts, The EPS Nomination provides for children pension, widows pension and for widows pension - two columns. One for nominating a member's wife's name and another, in case the member's wife is pre-deceased, to provide for any other family member. Query: Can this nominee be any person including his mother/father. Query 2: Can an unmarried person also nominate a family member for this widow pension! Query 3: Now a days, Company's have pay cycle, usually by 20th of a month and if a person joins on 20th or thereafter, his pay is paid as part of the next month's pay roll - is it sufficient compliance for PF Act. Also if the new employee in such cases dies before the 1st EPS contribution is remitted, would his widow be entitled for the pension benefit. Thanks.
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Promotion Quota and Direct Quota not decided/ defined.
Subject: Promotion Quota and Direct Quota not decided/ defined.
Sirs.
We are members of Haryana Forest Rangers Welfare Association and we have a query regarding number of posts against Promotion Quota and Direct Quota in cadre of HFS officers. There is a sanctioned post of 54 posts of HFS officers in Haryana Forest Dept.
The cadre was fixed as below by the Financial Commissioner & Principal Sect. to Govt. of Haryana from existing 37 to 54 vide his order dated 11.6.2009. These 54 posts are categorized / classified as –
1. Total No.of Posts for various functions/posts in Haryana Forest Deptt. =44 no.
2. Total No.of Posts for Deputation Reserve (for Haryana Forest Development Corporation and other departments) =7 no.
3. Leave Reserve =3 no.
Total =54 no.
The Ratio in HFS cadre for Promotion Quota & Direct Quota as prescribed in the rule is 67:33 i.e. 67% by promotion and 33% by direct recruitment.
Our queries are as follows:-
1. If department can recruit HFS officers in Direct Quota, against the post of Deputation. (i.e. 7 no. in this case as per order of F.C.& P.S. ).
2. If department can recruit HFS officers in Direct Quota, against the post of Leave reserve(i.e. 3 no. in this case as per order of F.C.& P.S. ).
3. In case posts of Deputation i.e. 7, are abolished due to merger of corporation or otherwise, the directly recruited HFS officers can be removed from service.
4. If these directly recruited officers will not affect the cadre strength in future due to abolition of deputation posts.
5. As number of posts to be filled by Promotion Quota and Direct Quota are not defined in the said order of FC & PS, whether it should be calculated as
(i) 67:33 of 54 i.e. 36 by promotion and 18 by direct recruitment or it should be
(ii) 67:33 of {54- (7 of deputation +3 of leave reserve)} =44 i.e. 29+10=39 by promotion and 15 by direct recruitment.
6. If there is any service rule, guideline or court ruling to decide the cadre strength of promotion quota and direct quota where deputation posts and leave reserve posts are involved. (Quote rules or example if any)
7. The promotion quota and direct recruitment quota should be decided by logic or by the arbitrary or discretionary power of authority where no service rule or court direction is available.
With regards.