Anonymous
19 May 2011 at 14:01
Please advise whether even a senior manager can approach the labour court for relief when his past employer company has refused to pay arrears of salary to him after he has resigned though same were committed to him as part of his salary in writing when he was in employment ?
Anonymous
19 May 2011 at 13:35
Received a Notice u/s 17B of the EPF & MP ACT 1952 requiring us to liquidate the amount patable earlier owner in terms of section 17B of the Act. Facts are as follows:
- Land and Building were purchased from XYZ Co
- They had some arrears of X amount and where served recovery certificate
- Now PF Authority wants to recoer the said amount X from us as we have possession of the assets of the said XYZ Co.
What are the legal remidies available to us against
- PF Authorities
- XYZ Co.
venkatesh Rao
19 May 2011 at 12:39
esteemed experts,
1. some karnataka state governments were ordered to be discharged in view of supreme court judgment setting aside of rural weightage to them at the time of their selection.
2. some approached supreme court before their dischrge.
3. supreme court ordered status quo.
4. their services are undisturbed.
5. During the pendency of the case, these govt. servants who were granted status quo were promoted.
Now my question is :
1. What is status quo? Is it not a direction to the parties to be as they were?
2. Promoting means violating the order of status quo because, by promoting them, the Govt. is committing contempt. i.e. If discharge changes their status; then promotion changes their staus.
v k agarwal
19 May 2011 at 12:01
BSNL is recruiting Deputy General Managers in the IDA pay scale of 32900-58000. The eligibility condition is engineering degree with 12 years post qualification experience. BSNL is following FR SR rules.
Some candidates are coming from other central PSUs seeking protection of their pay. Rules are available for protection of pay from PSU to central govt.
Under which rules pay of such candidates can be protected, who had applied through proper channel and has secured appointment as Dy.GM in BSNL after got selected through written exam/interview.
Rama mohan Acharya
19 May 2011 at 07:38
Can a Trade Union (Other than the recognised Union) is authorised to move application for modification of the Certified Standing Orders of the establishment?
N.J. MISHRA
18 May 2011 at 15:51
PLEASE MEMBER KINLDY SUGGEST AND GUIDE:-
IF THE MATTER HAS BEEN APPROACHED BEFORE THE LABOUR COMMISSIONER, DURING THAT PERIOD OF TIME WE CAN ISSUE RETRENCHMENT NOTICE TO THE CASUAL LABOUR.
Anonymous
18 May 2011 at 10:54
Hi,
I was worked with a IT company more than 7 years. The company not deducting PF from my salary and more than 30 employees working in organization. After resignation can I applied for PF which is company contributed from their part.
Please advice me how to get the PF from them what is the legal procedure required to do that.
Thanks in advance
Anonymous
18 May 2011 at 10:43
I left my last organization in March 2011 and till date have not recived my pay which was pending since jan 2011. this was the main reason why I switched the job. as I was located in Gurgaon and the company is registered in Mumbai. where should file the case in mumbai or Gurgaon as there is nothing mentioned that I will be located in gurgaon.
request you to kindly assist as my 3 months pay and final dues are still pending with this company.
Thanks in advance.
Regards
Rohan Sharma
prerana chandrakant janvekar
17 May 2011 at 23:54
As per the Maharashtra Civil service pension rule 116 in the definition of family parents are not included. Therefore representation sent to the Dept for pension by the dependent parents of the deceased unmarried daughter was rejected stating that as per "Rule 116" Parents are not included in the definition of family. As per Central civil services pension rule in the definition of family parents are included by amendment in 1985 or 1986 exact year cannot recollect. How can we further proceed to claim family pension if in the rule itself parents are not included? what are the remedy available. In which court we can file case and under what prayer? Please guide me.
Thanks & Regards
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Advice
I myself Dipak P. Mehta Assistant given below the details for your information and record.
Name: - DIPAK P MEHTA (Revoked my Suspension from 24-11-2010)
1) Date of Suspension - 28-06-1989
2) Date of the Judgment by Hon'ble Chief Judge, Chief Court Vadodara 13-01-1998 in favour of me.
3) Date of Criminal Appeal filed before The Hon’ble High Court by the
Department against the Chief Court Order vide Appeal No 177/1999 & 178/1999.
4) Date of Departmental Enquiry held against on me – 03-10-2001vide
EnquiryNo.10/2001, as in the departmental enquiry the charges are same on me which is in Criminal Case as well as in High Court Appeal.
5) Date of Hon’ble High Court had passed the Order and dismissed the Criminal Appeal Filed by the Department –Appeal No. 177/1999 and 178/1999 against Chief Court Vadodara Order. On - 30-10-2009
6) In Departmental Enquiry No. 10/2001 before the Hon'ble District Judge, Vadodara had issued the final order on 24-11-10 that:-
(a) The penalty of stoppage of 3 increments with future effect is ordered to be imposed upon the delinquent Mr. Mehta
(b) The Suspension of Mr. Mehta is revoked. He is reinstated in the service on the same post and posted in Small Cause Court Vadodara. Mr. Mehta from 28-06-1989 till this order shall be treated on duty for the purpose of qualifying service and pension only.
(c) The Order regarding Pay and Allowance during the suspension period of delinquent Mr. Mehta shall be passed after hearing Mr. Mehta Accordingly, notice be issued to him for this regard.
On 03-01-2011 the Honourable District Judge had issued the Notice for hearing on 10-01-2011 regarding Pay and Allowance during the suspension period of Mr Mehta.
On 10-01-2011 the Hon’ble District Judge had passed the order as per below:-
(a) The Pay and Allowances during the period of suspension of the delinquent Mr. Mehta Assistant shall not be paid to him.
(b) However the subsistence allowance paid to the delinquent Mr. Mehta Assistant during the above said period of suspension is not to be recovered from him
(c) The period of suspension of the delinquent Mr. Mehta should be treated as Extra Ordinary Leave.
The Hon’ble District Judge had also admitted in order that from 28-06-89 till this order it is treated on duty for the purpose of service and pension. And again vide Office Order No. 07/2011 dated 10-01-11, suspension period treated as Extra Ordinary Leave.
Due to this type of Order I am having a great loss in my salary fixation.
I had already suffered punishment for 21 years during my suspension period by mentally and economically.
As Hon’ble District Judge were also consider in departmental enquiry order that I am only the bread winner of my family consisting old aged mother, abnormal sister, wife and young daughter.
Lastly I draw your kind attention that in Departmental Enquiry the Enquiry Officer/ Presenting Officer had not examined the Hand Writing Expert which is the main witness of this Departmental Enquiry and in the written submission and at the time of personal hearing which was held on 24-09-2010 before the Disciplinary Authority and Principal District Judge Vadodara my learned advocate Shri S. Barkat had also draw kind attention to Hon’ble District Judge Vadodara.
I had filed an appeal against the orders of District Judge Vadodara before Gujarat High Court Ahmedabad under Gujarat Civil Service Rules 1971.
Latest news is GUJARAT HIGH COURT IS FILED SUE MOTU APPEAL AGAINST ME. PLEASE ADVICE IN DETAILED THAT WHAT CAN DO FOR THE SAME.....
I want to know that if there is any supreme court or High Court judgements indicated that the pay and allowance during the suspension period will be admissible to me. Please advice me in this regard and obllge. Thanks