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

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Anonymous   17 April 2011 at 15:37

Been released from company through mail but not received hard copy and last month salary

Hi ,
my problem was i have been released from company on 26 th of feb,there written that
i have been released from imeadiate effect and collect my release formalities from pune office (As i joined pune office Head office is in Kolkatta)but when i reached to pune office they are not giving me any of letters and my last months salary .

Please guide me ..

Lt COL R S shekhawat   17 April 2011 at 10:53

increment for MILITARY COMMISSIONED service

sir
iam an serving manager in SAIl
MAJOR R S SHEKHAWAT
09449833730
SAIL VISL bhadravathi


as per GOI MOD letter iam eligible for grant of INCREMENT for the commissioned service renderd prior to joining civil-ie SAIL


sir,

iam i legally eligible to get such increment\benefits
please clarify the same from legal angle




the copy of GOI letter is reprodued as under;-

560/43/TA-(a)/03/00/S(GS-1)
Government of India,
Ministry of Defense,
New Delhi, the 7th Jan 1994

To
The Chief Secretary to
All State Governments/Union Territories .


Subject: Concession & Incentives sanctioned by State
Governments to Territorial Army personnel.

Sir,

This refers to Ministry of Defense letter No.47560/GS/TA/-3(a)/306-B/D(GS-VI) dated 19th February 1985 and letter of even number dated 8th September 1992 on the incentives by State Governments to Territorial Army personnel.

2. Most State Governments have instituted some cash awards/grants for the winners of Territorial Army decorations/Medals. However, these awards were instituted a long time back and have been rendered insignificant by inflation. In many States, this reward is limited to Rs.2500/1500 only. It is requested that this may be revised to a minimum of Rs.5000/- for TA decorations and Rs.3000/- for TA medals. Some State Governments have already made the revision.

3 Government of India had also recommended that the facilities listed below may be considered for Territorial Army personnel. These incentives were listed by a committee which was set up to go into the Territorial Army and are already being given by most State Governments :-

(a ) Grant of 01 increment for every 03 years Territorial Army service, as is being given by the Government of Uttar Pradesh.

(b) Counting of Territorial Army embodied service for purposes of seniority, promotion and other considerations to those entering civil services.

(c) Exemption of Road tax on vehicles owned by Territorial Army personnel as is being given by west Bengal Government.


Yours faithfully,
Sd/xxxx-
(S.K. JAIN)
Joint Secretary (G

Ashok. B.V.   16 April 2011 at 16:43

occupier

hi

the answer to your query is as follows;

The proviso to section 2(n) is added by amendment Act 20 of 1987. The proviso (ii) states that "in case of a company, any one of the directors, shall be deemed to be the occupier;" Thus in Bharia Metal Containers Pvt. Ltd. V. State of UP 1990 (77) FJR 93, it was held the section 2(n) does not permit a company to nominate anybody else for the purposes of the Act other than one of the Directors of the company"
However, in 1994 II C. L. R. 312, 1992 II CLR 575 stated that any person other than a director can be occupier within the meaning of section 2(n).
Ultimately, the supreme Court in the case of J. K. Industries Ltd. V. Chief Inspector of Factories and Boilers reported in 1996 (6) SCC 665
The basic question was whether in the case of a company which owns or runs the factory, is it only a director of the company who can be notified as the occupier of the factory within the meaning of provisio (ii) to section 2 (n) of the Act, or whether the company can nominate any other employee to be the occupier by passing a resolution to the effect that the said employee shall have ultimate control over the affairs of the factory. The Supreme Court approved of the former proposition. Thus as per this judgement no person other than one of the directors can be occupier under the meaning of section 2(n) (ii).

PBS KUMAR   16 April 2011 at 16:01

WHO IS AN OCCUPIER AS PER THE FACTORIES ACT,1947

Dear Experts,

I am in grate confussion. Who is an "OCCUPIER" as per Factories Act, 1947 ? The contravension is only Board of Director nominee has been appointed as Occupier or only any one of the Board of Director has nominated as Occupier ?

Your response is most urgent, if any provide with case law or any G.O. may please supply.

Regards,

PBS KUMAR

vinayak   16 April 2011 at 10:17

Appearing for Examination

Sir,

Iam working as Officer in Dena Bank, since 1998.

Further promotion I have not applied for afterwards.

Now enclosed Hall Ticket is given to me on 15-04-2011, and I have asked to appear examination otherwise I shall not be given increment.

It is not question of increment, I fear whether my service is under threat by not appearing Examination.

Please guide me in referred matter.

Yours Faithfully,

[V.A.Todurkar.]
16-04-2011

shuvendu satpathy   16 April 2011 at 08:20

suspension revokation

please give an reply at an early date

Anonymous   15 April 2011 at 22:40

DUAL EMPLOYMENT

Respected Sir,

I was under probation with Ajmer Vidyut Vitran nIGAM LTD (uNDERTAKING OF RAJASTHAN STATE GOVT) AS ACCOUNTANT, I WAS WORKING THERE SINCE MAY 2007. IN NOV. 2008 I JOINED SYNDICATE BANK (PSU BANK) AS PROBATIONARY OFFICER WITHOUT RESIGNING FROM MY PREVIOUS JOB I WORKED THERE FOR 2 MONTHS, ON GAINING NO INTEREST THERE I CAME BACK TO MY PREVIOUS JOB, THIS TIME ALSO WITHOUT RESIGNING FROM SYNDICATE BANK, DURING THIS 2 MONTHS WORKING IN BANK. I TAKEN MEDICAL LEAVES FROM PREVIOUS JOB.
SUDDENELY BANK WRITTEN A LETTER TO MY EMPLOYER (AVVNL) STATING MY ABSCONDING FROM BANK & DEMANDED ME TO PAY TRAINING COST, NOTHINGELSE. MY PREVIOUS EMPLOYER HAS CONDUCTED ENQUIRY, DURING THIS PERIOD I DEPOSITED TRAINING COST TO BANK & ALSO COMPLETED RESIGNATION FORMALITIES WITH BANK. BUT THIS WAS NOT ENOUGH FOR MY PREVIOUS EMPLOYER, IT FOUND ME GUILTY & TERMINATED MY SERVICE.

WHETHER ACT OF MY PREVIOUS EMPLOYER IS TENABLE. ANY RELIEF OR WAY AVAILABLE NOW TO ME. KINDLY HELP

RAJESH KUMATR TRIPATHI   15 April 2011 at 19:32

arear of sixth pay

dear sir
I was working in DAV PUBLIC SCHOOL from 2006 to 2009 on regular basis.I resigned in July 209 to join KVS.Principal of the school said that i have to depposit three mponths salary in liu of the notice period although i was not given any confirmation letter for confirmation of the service as given in the appointment letter.I gave the three months salary through cheque and was relieved now the school has paid arear of sixth pay and refuses to pay my arear by saying that I have resigned so i will not get the arears.
so i want to know that
(i) It is legal to take three months salary of notice period without issuing confirmation letter as mentioned in the appointment letter.
(ii) Whether I am eligible for sixth pay arears or not.
I will be very obliged if you answer my query as soon as possible.
thanking you

nagaiah   15 April 2011 at 11:22

forgery


dear sir/madam

i am nagaiah working in tamilnadu highway department. one of the employee in our department called MR.J.KRISHNAMOORTHY. who is appointed in 1974at the age of 17yrs. through forgery employement card. but it is confirmed by the concern employement office, through right to information act. Now my question is can we approch the court to take criminal action against him. and what will be the punishment for him.

Anonymous   15 April 2011 at 11:07

Convert Backward Class to Scheduled Class

wife belongs to BC (Christian), while husdand is SC (Balmiki), My question is, After marriage, husband prepare her SC certificate and she avail SC reservation quota for promotion. wife's retirement is in Jun 2012. Please let me know are any consequences arising in future. Is any body complaint that she takes advantage of SC reservation. Please clarify.