Anonymous
23 February 2011 at 17:38
DUE TO SOME PERSONAL REASON , I HAVE SENT A RESIGNATION TO MY COMPANY ASKING FOR AN IMMEDIATE RELIEVING FROM JOB, WHILE THE COMPANY HR IS ASKING TO SERVE NOTICE PERIOD OF 60 DAYS, WHILE I HAVE PROPOSED MY COMPANY TO ACCEPT THE PAY AGAINST THE SAME, WHILE THE COMPANY IS DENYING TO ACCEPT,WHILE THE COMPANY IS ALSO CLAIMS THAT IF I DO NOT REPORT TO WORK THEY WILL MARK ME ABSCONDED WHILE I AM IN TOUCH WITH THE HR TEAM THROUGH EMAIL AND COURIER.... SO WOULD KINDLY ASK YOU TO ADVISE IF I CAN SERVE ANY LEGAL NOTICE TO MY OFFICE ASKING THEM TO PROVIDE MY RELIEVING LETTER AGAINST THE SAME,
Anonymous
23 February 2011 at 17:10
Hi,
If the company paying the salary in installment instead of to do full salary every month, than it is possible to take the legal action on it ?
Thanks
Anonymous
23 February 2011 at 17:09
Hi,
I was worked with an private limited company more than 7 years. I already applied the for Gratuity to my company. Now, they are denied to pay the Gratuity than please let me know what procedure and legal action I can do for that. What time it will take to clear the things ?
Thanks
Anonymous
23 February 2011 at 17:04
Hi,
I have still query regarding for PF. Actually I was worked in private limited company more than 7 years. Now, I want to know that if the company not deducting any PF and Prof. Tax from our salary than it is possible to claim for PF amount after resign. If yes, than what is the procedure to do the claim and if the company denied to pay the PF than what legal procedure have to do ?
Anonymous
23 February 2011 at 15:36
Dear Sir / Madam,
I am working in a Pvt. Ltd. Company as a HR for the last 2yrs 11months. My query is regarding Maternity Leave & benefits.
I am expecting and planning to inform my seniors regarding my maternity leave. But my company is not professional and I am sure they will not easily give me the maternity leave with full salary.
Please advise Shall I get the maternity leave and how much salary should I get from my company during maternity leave. And for how many days leave will be applicable.
Also advise if my employer is not ready to give me the maternity leave & salary then where should I lodge the complaint and what is the procedure? And how much time it will take to resolve this matter?
Anonymous
23 February 2011 at 15:19
whether the consumer forum has a right to transfer the degree amount into fixed deposit of A BANK on behalf of the degree/judgement holder.
Member (Account Deleted)
23 February 2011 at 11:43
Wewant your advise on matter /point of delay in conducting domesticinquiry. The scenario is as under:-
1. Theworkers of our factory went on sit in strikefrom 04.04.2007 to 12.04.2007 ( exactly before 3years and 10 months).
2. On13.04.2007, we have asked striking workers to give undertaking to managementand resume on duty.
3. Thereaftermany times we have appealed workers to withdraw and resume strike but no one isturned back.
4. Afterpassing of 17 months, on 8 Dec 2008, management have issued charge sheetsto all workers through RPAD/UPC.
5. Allposts returned back to management with various remarks of postmaster like
Addressee is not traceable, refused to accept etc &management have filed the same.
6. Nowthe matter is on board Vide no IDA/05/2007,on stage to lead and record evidences. In 1st date we haveproduced in court, evidences of, muster roll, notice displayed,return mails, etc.
7. Furtherin our claim of statement we have prayed to court that,
That it be declared cessation of work incombination and concert and under the common understanding resorted to by asection of workman of the first shift on 4th April 2007and continued by section of employees in general, second and third shifts andwhose names are set out inAnnexture- A, on 4th April 2007 andthereafter continued on day to day till withdrawn is illegal and unjustifiedstrike.
That it be further declared that theworkmen whose names are set out in the list of Annexture A are not entitled toany wages or benefits on and with effect from 4th April 2007 andthereafter for each day til the illegal strike is withdraw.
For direction or mandatory orderdirecting the workman list in Annexture A, be unconditionally and unequivocallywithdraw the illegal strike execute undertaking in terms set out in noticedated 12th April 2007 and to resume full normal duties.
Cost be granted.
Any other and further relief as thishonorable court may deem fit and proper.
We apprehend that court can give speakingorder to management to take on duty to striking employees at any stage andexamine the intention of both parties. For this management is not prepared toface the music.
In view of above mentioned you arerequested to advise on the issue.
a) Is it advisable and legal to conduct theinquiry after about 4 years of misconduct ?
b) Could it be legal if after conducting ofinquiry if workers are dismissed and Challenge the dismissal orders?
c) Whether we should again issue of chargesheet to the worker as earlier send in Dec 2008 or frame new one adding thecharges of illegal absent from duty from 3years and 10 months?.
d) Whether the inquiry initiated after suchlong period would consider it legal and proper ?
Thanking you in advance for the time and your valuableadvice.
Regards
giriraj sharma
22 February 2011 at 22:06
sir,i appeared in deptt exam.fail by jsut 2 marks.got answersheet under rti.found many mistake
in evaluation.my few correct answers were made wrong .in 2 questions 5 facility name was
askd .write down 5 name
there r 10 to 15 facility available.in model answer key there were only 5 answers.if i write
down other than these answers my answers was made wrong.even what i ahve wrtitten accepted
by cpio of my deptt.hence applied through proper channel but no response.then i approach
CAT.CAt direct to consider the representation.Deptt pass speaking
order that we have no revaluation rule hence can not revaluate but increased 1 marks as this
answer was in model key.But my argument was that my
answer is correct and i am not asking for revalution of whole
answer script.provided 1 marks but in case of others correct answers they said as per model
answer there is no change in other answers.again move to CAT.
I prayed following point in CAT
1. My answers was correct but no marks provided.
2.i have attached solid evidences like RTI acceptence,Trg center document even pritn out of wesite where these facility(my answer) was availabele.
3.Mistake was commited by evalutor because there were only 5 samples .but there r 10 -15 correct answers.Model answer r provided for help but in my case evaluator was based on only model asnwer key.even i attached relevent document with my represenation but examiner said that as per model answer key u r answers r wrong.
4. Further it is said as there is no revaluation rule hence can not revaluate u r rest answers.
5even my answersheet was was send to same examiner but it should be send to other examiner
but CAT dismissed my appeal.CAT stated that
1. As there is no revaluation rule and you have not challanged the rule.
2. Examiner may used same method of evaluation for other candidates also.hence direction of
revalution in u r case will be unjustice to others candidates.
3.1 marks increased does not mean u have wright to revalute.
4.applicant have no right to say that as answersheet was send to same examiner it should be
send to another examiner
now i want to move HC.
what should be main focus in my writ.what is probabilty to win.pls guide for future strategy.
PRABHAT KUMAR SINGH
22 February 2011 at 20:19
Dear Sir
I am working in company that has terminate me on verble basis and also non payment of my salary for my working period.
When i have move to labour court where i have file a case u/s 26 about illegal termination in the proceeding period company make a false transfer letter and produced for that he has not to terminate but he has to transfer but i have submitted a email evidence of company personals officers communication for proof that how they have to terminate me in illegal way and how they forms a false transfer order. The case is in the court of DLC but he denys that email proof is not the evidance and he denys the email the case i have filed in january 2008.
Pls. suggest how i do for that.(DLC has received money from comany for the case for their favour)
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MISCARRIAGE OF JUSTICE
I worked for 16 years in syndicate bank joining directly as P.O in 1983 and received commendations for giving good performance during my tenure in different positions as Officer –In-charge and Manager till Dec.1998
I was thrown out of the job after framing flimsy charges when I submitted my resignation in June 1998 in order to take a very good assignment with Pvt. Sector Bank. Disciplinary Authority assured me to relieve after admitting the charges as otherwise facing enquiry etc. will take longtime which may result in to losing the offer so keeping in mind the good offer being in hand I believed the words of Disciplinary authority and submitted conditional admission that since I have tendered my resignation I do not want to contradict the charges and requested for immediate relief .But Higher authorities did interfered in the decision of Disciplinary Authority and issued instructions for conducting enquiry, although Disciplinary authority propose to relieve me as per letter dated 21.07.98 As per documents on records the bank ordered a so called enquiry .It is worth noting that the enquiry was completed within 3.5 hours starting from10.30 am to 2.00 pm that too during my absence as I was sitting with a officer at Rashtrapati Bhawan during the time of so called backdated enquiry .This clearly shows malafides and violations of Principal of Natural Justice as 1917 documents were supposedly examined within this short period which is humanly impossible in normal course. I did signed on these backdated enquiry papers as CMD personally assured me to relieve me and my offer was still open .
But Bank did not fulfilled the assurance given by the CMD Mr. K.V.Krishnamurthy and officers of bank who made me victim of circumstances managed orders of my compulsory retirement after about a month on the basis of this backdated enquiry which itself is questionable. As by this time my Offer of Pvt.Sector bank was withdrawn I did made a review appeal before the CMD rebutting all the charges with documents and informing the facts about backdated enquiry .CMD was pleased to set aside the Compulsorily retirement orders and issued instructions for my Reinstatement in to the services of the bank after awarding minor punishment of one increment cut for one year. But it was my misfortune that due to some officers with malafide intentions misguided the CMD by informing that I had indicated to resign from the services .so although CMD Set aside my compulsorily retirement orders I was relieved from the services on the same day of rejoining the duties although no fresh resignation was submitted and the first and only one submitted on 22.06.98 was rejected on 11.8.98 itself.
I did took my grievance to Hon’ble Delhi High court but it was unfortunate that these basic facts which clearly establishes that I was made a victim of circumstances were ignored by the Hon’ble High court because my case was not properly presented by my lawyer while bank using its vast resources engaged a reputed lawyer having good face value as a result court ignored all the real facts and imposed costs also as a result which my LPA and SLP were dismissed in limine without giving me any chance to place the facts before the Hon’ble courts.
To establish my contentions I did get bank documents through RTI act .In one paper Bank confirms that I was relieved by accepting my resignation dated 22.06.98 while vide letter dated 11.8.98 bank rejected the said resignation . As such bank action of relieving me on basis of resignation which was rejected in writing by the bank itself is not justified as per the normal practice .
I need your expert view that on account of having bank's documents itself to establish that I was made a victim of circumstance and my relieving was against the norms as it was on rejected resignation.
The Hon'ble Judge had due to fallcy of Human error and being influnced by bank's vast resources had treated a letter of date when I was not in service and requested for permission to resign after getting back in to services.I did rejoined on 28.12.98 but was relieved on the same under the pretext of acceptiong my resignation submitted earlier which was in fact rejected earlier.
Please advise me can I go for filing fresh writ on the basis of documents under rti act which establishes that my relieving was against the norms as one can not be relieved on rejected resignation.
Your personal favour in this matter will help me fulfilling my moral obligations towards my family as I am moving from pillar to Post for getting back my job.
Regards
Rahul Aggarwal
rahulagg2@gmail.com