Imran Ahmed
10 May 2011 at 21:56
On 16.4.2011 I have made a complaint against a clerk posted at a SDM court in Dist.Unnao U.P, for almost 20 yrs, the complaint was addressed to the Chairman, Revenue Board,U.P and copies of the complaint endorsed to the Commissioner,Lucknow Div. and the D.M. Unnao as the person comes under Revenue Board. No action has been taken so far the SDM is investigating under whom the clerk is working. What shall do, can I move the High Court for his transfer as he is continuously posted at the same place for almost 20yrs despite to Govts clear directive(G.O) please suggest the way out as I believe that no action can be taken against the clerk. Imran Ahmed
rohit karbhari
10 May 2011 at 02:54
Respected sir,
Under the below given situation please advise the legibility of the claim of arrears of the presently continued employees and the VRS opted employees.
Year of VRS : 2001
No of employees: 650/700 employees. opted for VRS- Around 100 employees yet in the employment.
Last Charter of demand settled : 1995.
Charter of demand period : 3 years.
Charter of demand submitted but not negotiated :1998,2001,2004,2007,2010.
Present status of C.O.D : Not yet discussed with the management and the bargainable employees are paid their salary and wages as per last negotiated Charter Of demand.
Management Policy: The company being a multilocational unit have settled the COD with the other units and have paid the dues and arrears as per the new effective COD as and when negotiated and accepted, except for 1 location wherein a group of 100 employees are deprived of this right since the year 1995 till date
The query with subject to the above mentioned situation kindly advise :
1. How the left employees can claim their Arrears on the pre-VRS period for the unnegotiated COD (i.e 1995/2001) from the employer, which as on date is not settled?
2. Can the management skip the period of 1995 to 2010 as unsettled and period and settle the COD with current date, and deprive the VRS opted employees from getting their dues?
3.In case if the employer employs some of the VRS opted employees in the company/group company/Relatives company can become a fair enough reason to pay the VRS opted employees as per some legal guideline?
4. What should the currently employed employees do in case if the management applies a forced implementation of the Cod depriving them from their fundamental right?
5.Can the dues be claimed for the undue delay with interest charges in case of VRS opted employees?
6.In case if the claim has to be approached by the group of people,Please kindly guide us on that matter.
Thanks.
Yours sincerely
rohit.j.karbhari.
Anonymous
09 May 2011 at 23:55
Dear Sir,
We have a trade union called united Employees Union and it is recognized under Trade Union Act. It has its own building and in the first floor the union has its office and the 1st floor is occupied by the President and founder of the union. The union office is constructed with the funds collected from the union members. Suddenly the union president expired. the next movement there was a split in the union. One side of the union led by its General secretary says it is the original union and the other side led by family of the ex-president says he is the correct one. Both are having the same name as united employees union and disputing every day.
There are two questions that should be cleared.
1) Who will be the successors of the union.
2) Can any one go to labour court on this dispute?
3) Can they file a civil case for whom to be recognized as successors and can they file a case in civil case regarding the union office building occupation.
4) Where should be this dispute be settled?
Please guide me regarding this dispute and give me some case laws to support this case.
Regards,
Ganesh Kumar.V.V
Anonymous
09 May 2011 at 18:36
respcted sirs....
i am submitting my friend,s problem..as a being law student i am also wants to know about it...query as below;'''
my friend was working with psu X from 4 july 2010.before joining it he had also given written exam of psu Y.he attented interview of psu Y on 24 july 2010 without previous experience because psu X hr did not issued the noc..he selected in psu Y ..he joined psu Y on 4 aug 2010..he has given resignation on 2 aug 2010 in psu X..he is absent at there from 2 aug to 4 aug..and this period he is on without pay..he got relieved from psu X on 4 aug..my qustion is...
1)is it double employment for 1 day whenever he is not drawing salary from 2 aug to 4 aug..
thanks in advance ..pls give your valuable suggestions..
Arun
09 May 2011 at 11:40
Dear Sirs,
Please anyone tell me, are we deduct ESI on Washing allowance paid to Employee?
regards,
arun
B.ARUN KUMAR
09 May 2011 at 07:15
dear members
I got offer leter from a govt of india enterprise, trivandrum for a contract basis job.the period of contract is 12 months and consolidated pay.pls guide me whether the contract basis jobs offered by govt of india enterprise has any chance of getting permanent.
venkatesh Rao
09 May 2011 at 07:11
Esteemed experts,
The karnataka state government has amended Karnataka Govt. Servants Medical Atetendance Rules in 2010. It has been published in gezette of the state. Will anybody kindly inform the part and date of the gezette. I am in urgent need.
satish
08 May 2011 at 20:22
sir, previously i was working at fortune infotech ltd. I have given notice period of 22 days & leave the company. I have attended duties of 25 days with leave balance of 3 days. it comes 28 days. now my employers has paid me only 20 days salary. please give your suggestion. as per me i have to get the salary of 28 days.
satish
Anonymous
08 May 2011 at 14:56
Question : Due to an inadvertent expression in the Judgement delivered in 2006 which Judgement quashed on grounds of mala fides the orders of suspension and the memo of charges issued to me in 2003 my Department who had contested the case against me for more than three years promptly issued an order that the Court had held me guilty.
The expression in the penultimate paragraph of the judgement had read \"Nonetheless, it cannot be overlooked that the petitioner did commit certain misconducts which could attract disciplinary action. It would not be proper to let the petitioner go scot free because the action taken has to be quashed for reasons of mala fides as detailed above. The equities can be balanced by providing the respondents No. 1 and 2 one more opportunity to objectively examine the allegations of misconduct of the petitioner and to take appropriate action required, if any, in doing so the respondents No.1 and 2 should also call for the comments of the petitioner and conduct a preliminary fact finding inquiry before embarking upon any full-fledged disciplinary proceeding.\"
By short circuiting the procedure and in a premeditated manner and in a prejudged manner the same 12 out of 25 charges of 2003 were re slapped upon me verbatim , com by coma in 2007. My department took disciplinary action against me. I was neither allowed to work nor associated with any departmental activity and was proceeded against in an ex parte Inquiry in a private law office by payment of more than four Lacs to the Inquiry officer . Even the documents that I needed to defend were denied to me. I had immediately after the delivery of the Judgment of 2006 filed a review application followed by application for clarification. Thus the major penalty of compulsory retirement was imposed upon me on the basis of an ex parte Inquiry held against me while I kept pleading that the Judgement is pending review.
The entire disciplinary action against me had commenced from an unintended and inadvertent observation of the Court as mentioned above.
No body listened to me. I was on the road. My application for setting aside the order of my compulsory retirement has been pending for the last nine months. I have already crossed the age of 60 years
A ray of hope appeared as the Judgement on the Review Petition reserved in 2009 was delivered in 2011, a day before my age of superannuation, six months after I had stood compulsorily retired with the stigma of a major penalty.
The Judgement in Review Petition gives out that \"the unintended observation by the Court could be understood by anyone to be the final finding of the Court.\"
\"Therefore this Court should used its inherent power to do justice between the parties by giving the clarification now.\"
My Petition for setting aside the Penalty of Compulsory Retirement is pending.
What should I do now. Does the Judgment of Review has any bearing on the case.
Any case Laws please.
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applicability of bonus to contract workers in PSUs
In a CPSU the work of sanitation and loading unloading is being carried out by awarding contract .Is the bonus is applicable to the contract workers working in the PSU . My querry is in relation to the section 20 of the Payment of Bonus ACt.
Kindly advise