Anonymous
30 April 2011 at 14:39
Sir, I want to know whether there is pay protection for ex-servicemen in central government jobs. I have been selected in SSC as an LDC. Can I get pay protection.If so, What will be the basic pay of my new job?
Kan
30 April 2011 at 14:09
If we have deposited the cheque in state bank of India (the designated bank) with the challans within the due date of payment (21st) towards ESI contribution payment, whether the employer is discharged, even if the bank had delayed the sending of the cheque for collection of proceeds?
Kan
30 April 2011 at 14:04
The inspector in Gujarat insists for compliance of compulsory notification of vacancies under employment exchange act, though the number of employees are less than 25. Whether any state amendment has come reducing the number to 10 as claimed by him? Is there any specific registration of establishment under the act and if so any rules are framed by Government of gujarat?
sushil bhatt
30 April 2011 at 12:38
Dear All
We are into power sector and doing various jobs on EPC basis for various state governments. Now in most of the states BOCW Act is implemented and govt is asking to deposit 1% cess on the cost of construction under the act.
Is the cess payable only on civil contract value or supply contract value also, as we are executing both the contracts with the govt. What does exactly 'cost of construction' means. Is it includes cost of Erection work also.
Lt COL R S shekhawat
30 April 2011 at 12:12
counting of previous service
mobility within GOVT PSU
my friend joined CCI as manager security
from Vijaya bank -manager security
applied through proper channel,joined after resignation from VIJAYA bank
what exactly is the procedure to obtain benefit of previous PSU bank service into CCIas both tenure was of MANAGER security
GRATUITY PF --not transferred due to different PSU vijaya bank refused as less than 05 yr
pay protection given by CCIi.e last basic of vijaya bank.
past service benefits- of vijaya bank 04yr will it be counted towards SENIORITY? in CCI
or
any other benefits admissible? in CCI
as nature of JOB security manager is same
or only pay protection.
Pradeep .RS
30 April 2011 at 11:32
Respected sir
I am sending this message for my wife , whose brother dead while working as a class IV servant in the kerala agricultural university,. He was an unmarried man . he was the only earning member of the family. The husbands of both sisters are un employed. Recently I heard about the new govt GO relates to ding harness job as per the new order is she deserve the job of her brother. I expect a reply soon
Thanking you
Pradeep
JAYANTA KUMAR DAS
30 April 2011 at 09:34
Respected Sir / Madam,
At first I thank the expert personalities who attended my query and gave some guidance. In continuation to my earlier query, I want to supply more information in details. In March, 2001, 212 nos. of adhoc lecturers (similar to my contractual status) in different disciplines were regularized without appearing in the interview by Public Service Commission (PSC), West Bengal. I did join on 11.11.2003 as a Contractual (Full Time) Lecturer in Electrical Engineering in BPC Institute of Technology, Krishnagar- 741101. It is a Govt. Diploma Engineering College of Govt. of West Bengal under Department of Technical Education & Training, West Bengal. It has no connection with UGC. But it is duly recognized by All India Council for Technical Education i.e. AICTE and Diploma in Engineering is awarded by “West Bengal State Council of Technical Education”.
Those 212 nos. of adhoc Lecturers of the same Colleges of the same Dept., were not interviewed (true news and the said department could not reply to the RTI application) even at the time of entering as adhoc Lecturers. Only GOD knows about their recruitment criteria. Many of them were regularized even well before completion of 02 years after joining as adhoc lecturers and also few of them had no minimum percentage of marks as specified by AICTE (so it is illegal appointment) for those posts. But myself along with many others were properly interviewed by an Expert Interview Committee which was equivalent to PSC before the recruitment as Contractual Lecturers. Also our interview was done after collection of applications against open advertisement in different Class I newspapers. After screening of applications interview letters were issued. Our posts are of “Group- 1 Gazetted Officer” rank in West Bengal General Service. Also we are recruited against “Permanent Sanctioned Posts”. West Bengal Service Rules (WBSR) - Part 1 says 03 years’ continuation with success as temporary employee will be regularized. It also says that any appointment may not be through PSC, but with proper interview after open advertisement for the recruitment in different class- 1 newspapers, cannot be said as “Back Door” entry and “illegal” selection. So this “irregular” but “not illegal” recruitment can be regularized. AICTE also agrees with this process of recruitment procedure. This is also supported by the Judgement of the Hon’ble Supreme Court in famous “Umadevi” Case. The judgement delivered on 10.4.2006. This judgement also said about the regularization of such “irregular but not illegal” posts as one time relief to existing temporary employees before any regular recruitment. After this 10.4.2006 no regularization was done in our department. Also in a regular selection in 2006, no necessary age relaxation and due weightage of experience in those posts were offered to those Contractual Lecturers which is contrary to “Umadevi” verdict.
I am still continuing. The Department of Technical Education and Training is renewing / extending our contract for 06 months after keeping gaps of 02/03/04 days after every renewal. I want to mention here that according to the judgement on April 22, 2009 of the Hon’ble Supreme Court in Case No. CIVIL APPEAL NO.7922 OF 2002, those types of terminations and re-appointments are illegal. Also in article 25E of Industrial Dispute Act, 1947, it had been stated that “a minimum of 120 days’ work in every 06 months – is the definition of “continuous job” which we satisfy. In the judgement of Civil Appeal Nos. 4256-4257 of 2010, the Hon’ble Supreme Court had said the places where regularization can be done. We also satisfy those. In 2008, allied Department of Technical Education for Degree Engineering Colleges, had regularised its 32 nos. of adhoc / contractual Lecturers with minimum eligible qualifications but with few are over-aged. Also, many departments of Government of West Bengal had regularized their different temporary employees since 2006.
Please do advice me suitably. Should I proceed to State Administrative Tribunal for Regularization ?
Regards.
JAYANTA KUMAR DAS. 30.4.2011. E_mail Id : jayantaloknath@live.com.
Vineet Verma
30 April 2011 at 04:23
Sir,
I joined my previous organization on 06-06-06 and my last day of working was 31-03-2011.
I have read that if you have served 4 years and 240 days then your are eligible for gratuity.
I approached my company with the same rule and they say that 5 years is compulsary.
Pls let me know if I can claim for my gratuity from the organization.
Thanks and regards
Vineet Verma
Anonymous
29 April 2011 at 17:12
Am in need of applicable labour laws in the country of Indonesia...any one of experts provide me details, please...
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Case of Basic pay Anomaly of JTO Batch-2007 of BSNL(Justification for giving us fitment)
Sir
1> We (2007 Batch JTOs, BSNL) have been recruited in the pre-revised scale of 9850 same as JTO 2005 batch. But they(2005 Batch JTOs) are getting 21,620 starting basic. We got only 16,400. Difference is an appalling 5220. Taking 47.2% DA and 30% HRA, the difference comes to be about Rs.9250 (this is only the difference in salaries considering different starting basic). Actually after having got few increments more than us, with just 2 years more service in BSNL, they are drawing about Rs.12,000 more salary per month which is extremely demoralizing for 2007 Batch JTOs.
2> It is not only a matter of salary. It is a matter of career progression as well. We know that BSNL employees are given time bound promotion once they touch the lower end of a scale. In such a scenario with a difference in starting basic of Rs.5220, and increment of Rs.500 per year in E1 scale, we would require 11 years more to reach a level as 2005 batch JTOs. If 2005 batch JTOs touches the bottom of a scale in ‘X’ years, then we will require ‘X+11’ years of service to reach that position. Something which is absolutely unacceptable.
3> We(2007 Batch JTOs) are similarly qualified as the 2005 batch JTO or previous DR-JTO batches and have been recruited by the same mode and same organization. Same work(profile) is done by us. So such a big difference between 2005 batch JTOs and 2007 Batch JTOs are clearly de-motivating. We feel that starting basic should be same that any difference between 2007 Batch JTOs and 2005 batch JTOs should only be of annual increments and nothing else.
4> We have not found it written anywhere that fitment benefit cannot be given to executives recruited after 1.1.2007. What we have found is that fitment would surely be given to executives working in the organisation as on 1.1.2007. For other executives, giving fitment is totally in the hands of the management. Majority of JTOs of 2005 batch joined after 1.1.2007 but were given the fitment benefit. If they could get it, 2007 batch can too. (Why should not 2007 batch). The argument that they were recruited before 1.1.2007 does not stand.
Further, the fitment benefit was only for executives. It was not mandatory for non-executives. However, part of this benefit was also extended to the non-executives due to which their salaries got multiplied by a factor of 1.91. Considering that there are well over 2 lac non-executives in BSNL, the financial implications of this decision was huge. But still it was done for the benefit of the employees. So, now when it comes to the case of only a few thousand well qualified young and talented JTOs of 2k7 who have been recruited via a very tough All-india level entrances exam from among lakhs of candidates, saying that financial condition of BSNL is poor is extremely unfortunate. If BSNL could give huge benefits to over 2 lac non-executives when it was not mandatory and when financial implications were huge, then extending similar benefit to few thousand JTOs of 2k7 batch could be justified.
5> We have been recruited in the pre-revised E1A scale of 9850-250-14600. Also, recruitment orders was done before the pay revision order, 1-2-2007 for 2007 batch . The pay revision order only came out on 5-3-2009, much after recruitment orders as well as advertisement had been done for this batch. So, fitment benefit can be extended to us as our recruitment advertisements had been made well before the Date of the pay revision order—Similar to the case for 2005 batch. Also, when we have been recruited in E1A scale, then we can never be given E1 scale as under-fixation is illegal. Giving E1 with few increments also amounts to degradation of scale which cannot be done. Further, it is not necessary that if fitment is given to us, it has to be given to all JTOs in future. JTOs who will be recruited in future will be recruited according to the revised pay scale, and their recruitment orders and advertisement will be done much after the pay revision order. So, fitment can be extended to us without any future complications.