nagaraja
27 February 2011 at 14:27
Sir, I am in central government service since 28 years. After joining the department in 1982, during 1985 I gave an application to the Secretary, the head of the Department for correction in the date of birth. At the time of joining school my parents had given the wrong date of bith as 1-8-1956 instead of 13-06-1957 and the same is in my school certificate and hence in my office records. Now whether I can file a suit or any other alternative available to me for changing the date of birth in the office records? What are the chances of getting the DOB corrected? Please advice me.
Yours faithfully,
nagaraja
Nick
27 February 2011 at 12:56
I have heard that supreme court issued a order against the suspension of state govt employee from his/her services until and unless s/he convicted into the case.
Can any body please send me the order copy of that.Any clue on this order.
Case history:
1) My father is a primary school teacher in West Bengal and presently he is suspended from his service as he is accused in 498A/304B case in West Bengal.Case in yet to form charge in ADJ 2 Court.We need the above mentioned order copy to re-instate my father into the service.
Please help.
Parthiv
25 February 2011 at 20:24
As per section 25 (2) (ii) of "CONTRACT LABOUR (REGULATION & ABOLITION) ACT,1970 REGISTRATION",
"ii)The number of workmen employed as contract labour in the establishment shall not, on any day, exceed the maximum number specified in the licence;"
Doubt:
1. If the statute requiresthe Principle Employer (PE) to make sure that the total no of workmen employed by labor contractor does not exceed the No. of workmen for which licence is granted?
If yes, How can a PE track total no of workmen employed by the given contractor for all PE taken togather?
2 If it is found by govt authorities that the contactor employs more No. of workment than licenced No., then is there any specific penalty on PE (& not contractor)? If yes under which section?
Thanks.
Rama mohan Acharya
25 February 2011 at 17:03
A person had worked as a central Govt. servant for three years. He resigned and joined in a central PSU. on reliving he received the unutilised leave and the PF accumulation. As only served for 3 years no gratuity was paid.The PSU where he joined has a provision of acceptance of prorata gratuity from the preveous employer and that period shall be counted as the service for the purpose of payment of gratuity.
Whether the central govt. should transfer the prorata gratuity of 3 years to the PSU or not? If yes, what should be done by the employees.
DOPT om No.28016/5/85-Est(c) dtd 31.1.1986 is also refered.
Rama mohan Acharya
25 February 2011 at 16:53
Here is a case of an organisation having about 3000 employees and also multiple unions. One of the Union have about 98% of employees as its member. This fact can be ascertained from the number of votes casted when the election of the office bearers helds thorugh secret ballot system. This Union is recognised by the management.The other unions donot have much membership. It is also revealed from one of the letter from the registrat of trade union that an union is having membership of 2750 and another is having 1565 mambers, besides few more union having small no. of membership.
My querry is :
1. Is it not the responsibility of the Registrar of Trade Union to veryfy the actual position when unions submitt their annual return? If Yeas what is the methodology?
2. Can the union having very less no of membership, raised an Industrial dispute on the issues of common interest? Can the Labour authorities are justified by calling the employer to participate in the Conciliation proceedings? Is it obligatory on the part of the management to attend such conciliation?
P.s.: The decision of the apex court in the matter of Chairman Of SBI and all orissa bank officers association may also referred.
Hariprasad
25 February 2011 at 16:42
I have served 50 days notice period as per the request of my previous employer where i need to serve only 30 days mandatory notice period.
My query is whether iam eligible for any extra salary for the additional 20 days service provided by me
Rama mohan Acharya
25 February 2011 at 16:34
Here is a case of Central Public Sector engaging a contractor for certain work to be done in the factory. As per section 20 of the Payment of Bonus Act, the act is not applicable to the public sectors. The definition of the employees donot expressly cover the contract workers . In this situation should the payment of bonus applicable to the organisation(Principal Employer)?
Anonymous
25 February 2011 at 15:57
In case one employee working at corporate office, the employer has terminated the employee, in that case whether employee can approach Lbaour Court for termination
Anonymous
25 February 2011 at 15:16
I joined a company at 9th Sep 2010 and resigned on 22th Feb 2011.
In my employment contract it is given that
“Either party for any reason whatsoever upon either party giving to other party written notice of period specified in Item 8 of schedule hereto and this Agreement and the employee’s employment shall terminate upon the expiration of the aforesaid period. The Employer may, in its absolute discretion, make payment of salary in lieu of the whole or part of any notice period given. The employer reserves the right to require the Employee to not attend work or vary the Employee’s duties during any period of notice of termination given by the Employer. However, during this period the Employee will be entitled to receive the Employee’s normal salary and benefits of employment”
ITEM 8 : Notice Period – 2 MONTHS
I want to leave organization on 21th March. What can I do? They are not allowing me buy this notice period. What legal action I can take on this?
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Provident fund
Dear sirs,
what is limit for voluntary organisations to join Employees provident Fund Scheme.