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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Anonymous   01 May 2011 at 10:08

recruitment

a wrong statement is given and basing on which the case was decided in appeal in high court. now can they havw option to say that the fact was submitted by mistake and seek correction in special leave petition if failed in supreme court

Anonymous   01 May 2011 at 09:04

Notice period deduction

I was working for a small time unlisted company for about 7 months before leaving to join another, as per my appointment letter, there is a clause of serving 30 day notice period, however, no mention of how it would be deducted. there is neither an HR department nor any policy document on it too, on top of that, there was no mention of any amount to be deducted at the time of resignation as well. I served a notice period of 15 days before getting relieved. now they are deducting a 15 day gross salary as my notice shortfall. As per industry standards are they justified in doing so? if not, then what can I do to get my dues back? AS per my knowledge, the notice period should be on basic salary. Please advice if my understanding is correct. thanks

Anonymous   30 April 2011 at 23:29

Gratuity

An employee worked in a bank as deposit collecteron commission basis has resigned from serice after putting ten years of service. The bak employed more than ten employees.Whther the employee on commission basis is eligible for gratuity? If so the notifications or court rulings? The rate of calculations ?

Anonymous   30 April 2011 at 22:54

7th Bi Partace SBI

Please help and let me know Sir

1. Revision of PENSION from 01-04-2001

2. Revision of FAMILY PENSION from 01-04- 2001 still now not received upto 30- 04-2011

3. Admission in SUPREME COURT ON 16-04- 2011

WHAT IS THE STATUS. BY THE GRACE OF ALMIGHTY CAN THE JUDGES SHOW COURTESY
TO OUR HARD BLOOD SERVICE SERVED TO SBI

gautam   30 April 2011 at 15:45

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.

Anonymous   30 April 2011 at 14:39

pay protection

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

Payment of contribution under ESI act

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

Applicability of compulsory notification of vacancies under employment exchange act

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

BOCW Act

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 service from govt PSU to another Govt PSU

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.