Anonymous
15 May 2011 at 14:13
Hi my freind working in a IT Support company.at that company , if anyone resigned they will not adjust pending PL AND CL,and not give that amount of pending leaves. my question is this law is different for different company.pls give solution
Anonymous
15 May 2011 at 08:05
Sir,
I had filed a Writ Petition under Article 226 of the Constitution in August 2010 for quashing the Order of my compulsory retirement as a measure of penalty after my Department went full bore against me after the High Court had quashed the Inquiry proceedings and charge sheet issued to me on the grounds of mala fides but gave liberty to my Department to proceed afresh against me on the same charges which had been quashed.
From the first date which was about seven months ago till now no notice has been issued so far. I have crossed over the age of superannuation.
What would be or could be best course of action for me?
With regards,
Anonymous.
Prakash Jha
14 May 2011 at 21:21
I worked as Assistant(W5) in a Central Govt. PSU for last 8 years.
Recently, a post of Trainee Jr. Officer (Supervisor) was advertised by my company to which I applied and was selected after topping the written test and interview. Now when I am about to join to the new post I am faced with two problems:-
1. As per HR Manual of the company in case of internal candidates partial pay protection is granted during the training period i.e. only Basic+DA+HRA will be protected the allowances are not. Hence I will be suffering direct financial setback to the tune of Rs. 200000 in one year in addition to loss of many entitlements & benefits. I have represented before the management but the management is adamant that my request cannot be entertained as the terms were mentioned in the offer of appointment as well as HR Manual.
My first question is that even if such conditions exist in the offer letter/ HR manual can they be challenged & set aside on the plea of Fairness & Natural Justice.
Secondly, I have work experience of 8 years in the same department (at a lower cadre) where I was wholly and solely handling all the work. I have got "Excellent" rating in my ACRs year after year for all 8 year. After aforesaid advertised recruitments 3 officers have been appointed to handle the same amount of work. As such I will be required to handle just 1/3 of the work that I was already handling. On the basis of my experience I requested the management to exempt me from training or to grant me service weightage for next promotion which they grossly refused saying that the experience is at a lower cadre and cannot be considered.
Do I have remedy / recourse in the case. It seem that management is blatantly and unilaterally bulldozing its decisions through some cruel and unjust policies in gross disregard of principles of fairness, equity and natural justice which is cornerstone of any law, rule, regulation or policy.
A copy of my representation to management is attached.
May kindly advice. will be highly obliged.
Gaurav Sood
Shimla
Anonymous
14 May 2011 at 18:26
Dear Experts,
Greetings
We have a Manufacturer Unit which we have started in 2008, and we have took Labour from Manpower Agency. Few Month Back two Person suddenly left their job & we request them do not go but they did not bother our request.
Now they have send us Labour court notice & they have put allegation on us not giving monetary benefit. Even our factory is running in loss & we are giving them PF ESIC & OT. They have file case in Labour court through Union(Payment & Wages Act 1936). But they work in our Factory But they are not our employee. How they can file case against us. They have calculate the salary of few days & multiplied with 10 times Penalty. what is the bonus defination is it complusory for every firm even the firm is running in loss.
Please help us. We don’t know much about these law, what to do. Should we pay them Please advise.
Awaiting for your reply.
Best Regards
sumit gururani
13 May 2011 at 22:14
Dear Expert, greetings! iam working in a japanese organisation (but a pvt ltd in India) where the office timing is 9 to 5.30(1/2 hour break) six days a week.we are permanent employees and not outsourced. But now organisation have laid down a rule that if a employee is late for even 1 minute then it will mark as late and 1 hours salry will be deducted. Furthermore if we take the leave for one day or more days the salary will be decucted for that without adujsting any thing. and the bais of dectuction will be of only working days. for example a person is having 31000 salary for may and had take the leave of 5 days the they calculated dedutction as 31000/24=1292 perday *5=6458! i think it should be 31000/31=1000 perday*5 =5000! So we are very much worried . can you please suggest us the solution by mentioned the case law or section or act. to show the things to the management. please send me to sumit.gururani@gmail.com iam really really need your help.
N.J. MISHRA
13 May 2011 at 16:47
please member kinldy guide me:-
what are the difference between the unskilled and casual labours.
whether casual labour falls under the purview of Payment of Minimum Wages Act.
whether educational institution registered under Mumbai Trust Act are considered as Commercial Establishment under Bombay Shop and Establishment Act.
whether Casual labours are entitled for Gratuity and bonus.
whether attendence card cum wage slip are require to be provide to the casual workers
whether Equal Remuneration Act applies to Casual workers.
kinldy requested to do the needful
Anonymous
13 May 2011 at 12:49
Sir,
In a Disciplinary proceedings recommenced after the High Court had quashed the charge sheet and the Order of suspension on the grounds of mala fides and had given the liberty to the Department to objectively examine the allegations of misconduct the principal Witness in the Quashed by Court, a Deputy Director issued and signed the charge sheet for his reinstated Director.
Will the said charge sheet be considered as Legal?
The Witnesses , a complainant in the quashed by Court charge sheet - listed as the first witness in the charge sheet as aforesaid submitted a pre dated Affidavit instead of recording his statement and the same was accepted by the Inquiry Officer in an ex parte Inquiry without first supplying to the Charged Director.
Will it be legally valid?
The Inquiry Officer made all his findings relying only on these Affidavits in the ex parte Inquiry and held the Charges as proved. Will it be legally valid?
N.J. MISHRA
13 May 2011 at 11:46
please member kinldy suggest:-
whether the workers who are working as part timers are covered under PAYMENT OF MINIMUM WAGES ACT, MATERNITY BENEFIT ACT, 1961, THE EQUAL REMUNERATION ACT, 1976 and whether such workmen come under the definition of workmen (unskilled workmen).
the educational institution registered under "Mumbai Trust Act" can be considered as Commercial Establisment, if no, then all employment related Acts like PAYMENT OF MINIMUM WAGES ACT, THE EQUAL REMUNERATION ACT, 1976.
Anonymous
12 May 2011 at 23:07
Sir,
My employer has obtained interim stay against Labour Court judgement without 17-B compliance.
now with money power they are not letting the case to e listed for argument before the High Court Bench since last 3 months.
my coucils are suggesting me to keep quite and wait. pl suggest me what to do as i am out of employment for last 15 years.
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apprisal
Hi my freind working in a IT Support company.at that company , if anyone resigned they will not adjust pending PL AND CL,and not give that amount of pending leaves. my question is this law is different for different company.pls give solution. and same company not giving apprisal on time.every year they delay more than 6 months without arrears. pls help them.