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rakesh   08 March 2011 at 23:53

guidance in filing case in CAT

Respected sir

imy self resigned from govt service to join central public sector undertaking with proper permission and NOC but my dues are not cleared yet and more than 2 and half years have passed even my gpf is not transferred nor given to me, through rti and other applications i came to know that my deptt is not cleared about the case to treat as simple resignation or under absorbtion in central public sector undertaking as per the dopt guide lines it is clear that it should be under absorption in cpsu and i should be deemed to retire and eligible for all transfer benefits but they are still not clear and they are discussing it with PAO and Head office since last six to seven months but no decesion is taken yet i have applied to ministry also but ministry has forwarded my application to head office and given time frame of two months but no reply was received to me from my deptt after two months i filled reminder to ministry again it is being forwarded to the deptt now i am thinking to go to CAT so kindly suggest that how should i appeal with details .

thanking you

Rakesh Mehra

Anuj   08 March 2011 at 21:07

Employment Service Bond

I would like to know that is service bond legal in india.

my background is like , I was sent to abroad on deputation for 82 days .Company has taken sign of mine on service bond of 5 years and 5 lacks stating the expenses made on me for training . However, no training had given to me , I was on work infact booked manhours for my activities.

I have completed 1 year of my bond time , in this time I find some other good option. So am i need to give 5 Lac. can company make any legal case on me.
Are they have the rights to hold my LTA, salary , PF and Reliving letter.

Please help

Tushar Chowdhary   08 March 2011 at 19:25

Payment of wages Act, 1936

Domestic construction worker is not covered under the provisions of the Payment of Wages Act, 1936. Please kindly support the replies with the latest judgements of various High Courts and Apex court.

Your support will be highly appreciable.
Thanks in Advance.

Manish Kumar Gupta   08 March 2011 at 19:14

Long Absentism and Termination

Dear All,

One of our employee took leaves from his Reporting officer for a month. After completion of the month that employee neither joined his services nor communicated with the company in that regard/reasons. As per our company procedure we have already given him 3 notices for long absentism.

Now we want to ask you that Can we terminate that employee for that cause, and If yes, Is he will be liable for the salary of that one month,in which he was on leave, As per his commitments he had to join his services, but he did not..

Plese suggest..

Thanks..

Manish

A.RAVI KIRAN REDDY   08 March 2011 at 14:23

with held of govt job

i,m a victim of 304 b dowry death i was selected for defence job in drdo , i got provisional appointment for job and police verification was clear before this incident happen , my late wife parents submiited FIR to the company so they kept pending will i get that jobif get accuited and where to approach kindly give experts opinion

Avinash Pandey   07 March 2011 at 20:51

Provident Fund Act

Res. All,
Please urgently mail me a copy of Circuler (if You have) of CPFC. details are as under ;
" Five days of grace period has been allowed to employers for payment of Provident Fund contributions by Clause (III) of CPFC's Circuler No E.128(1)60-III dated 19-3-1964 as modified by circuler No. EII/128(sec 14B Amendment/17 dt. 24-10-73.

I'll be highly oblised

thanks
Avinash Pandey
Advocate
E-Mail hmsup@rediff.com
avinashpandeylko@yahoo.com
avinashpandeylko@rediff.com

raghavendra   07 March 2011 at 18:12

probationary

sit,
i was working for company in probationary period , now comapny dismissed me , can i file case

A.RAVI KIRAN REDDY   07 March 2011 at 16:47

with held of govt job

dear sir, i was selected for a defence govt job and police verification was also clear and then due to quarrel with my wife she got depressed and commited suicide and initialy 174 case was booked on my complaint and their came logged a dowry death case on me and case altered and police sent me remand and got a bail and their parents submitted a fir copy to defence company and they withheld my post becoz yet i've not joined the job so my querry is it possible to getthatjobif getaccuited in thatcasewil i get

Rupesh   07 March 2011 at 13:30

notice period

dear experts,
If a employer give the notice of 3 months to his/her employee. can employee take the Medical leave in his/her notice period. And if a employee is sick & he/she has no medical leave balance, can he/she take without pay leave? is notice period exend?. if yes pl. send any supreme or high court judgements relating to this.

Anonymous   06 March 2011 at 01:21

REINSTATEMENT AFTER RESIGNATION

i WAS A GOVERNMENT SERVANT IN GOVERNMENT OF KERALA . COMMENSED SERVICE IN 1985 AS A GAZETTED OFFICER AND SERVED UNTIL 2006. IN 2006 ,I RESIGNED FROM GOVERNMENT SERVICE TO ACCEPT A BETTER POST ON CONTRACT BASIS, IN GOVERNMENT SERVICE. AFTER COMPLETING ONE YEAR OF SERVICE, CONTRACT WAS EXTENTED FOR ANOTHER YEAR,BUT AS I DID NOT PLAY IN TUNE WITH THE MINISTER'S OFFICE, WHO PROMPTED ME FOR CORRUPTION , I WAS THROWN OUT OF SERVICE, CANCELLING MY CONTRACT ON THE GROUND THAT THE SECRETARY WHOC SANCTIONED THE CONTRACT FURTHER DID NOT TOOK GOVT SANCTION ETC. I HAVE FILED A CASE IN THE HIGH COURT AND IT IS STILL PENDING DISPOSAL.
NOW THE MINISTRY IS CHANGING. I AM WORKING IN THE NGO SECTOR NOW. SINCE I RESIGNED TO TAKE THIS POST ,(WHICH WOULD HAVE CONTINUED UNTIL 60 YEARS,),I AM NOT ELEGIBLE FOR PENSION OR GRATUVITY OR ANY SUCH BENEFITS.
RECENTLY I SAW IN THE agS SITE THAT "• Resignation from a post to take up another appointment with the proper permission is not resignation from public service'.
ACTUALLY I JOINED THE NEW POST WHICH WAS A HIGHER POST(AS DIRECTOR) WHILE I WAS ON'LEAVE WITHOUT ALLOWANCE 'FROM MY REGULAR POST. BUT AFTER ONE MONTH, THE AUTHORITY SAID I HAVE TO JOIN ON DEPUTATION OR RESIGN AND JOIN ON CONTRACT, .I OPTED THE SECOND CHOICE, AS DEPUTATION WAS NOT BENEFICIAL ,AS I AVAILED 4YEARS OF LWA BEFORE AND LOST SEVERAL INCREMENTS.
NOW I WONDER WHETHER I CAN APPLY TO GOVT TO REINSTATE ME. IS THRE ANY GROUND TO GET SUCH A BENEFIT. IF I WERE IN SERVICE, I WOULD HAVE RETIRED ON 3/2013. AT LEAST GETTING PENSION BENEFITS FOR MY SERVICE(18YEARS OF QUALIFYING SERVICE) .
MY QUALIFICATION IS PhD AND I SERVED IN SEVERAL KEY POSITIONS AND WAS VERY POPULAR IN GOVT SERVICE.
PLEASE ADVISE ME ABOUT MY CHANCES FOR BEING REINSTATED OR GETTING PENSION BENEFITS,AT LEAST.

REGARDS

LATHA'