Anonymous
27 January 2011 at 10:05
Sir,
I am a LIC agent and i am selling LIC policy
but i am not getting commission on the same from last one year when i asked to manager he told me that we have wrongly issued cheque in favour of you but i have not received any commission yet. Now manager aske me to pay the amount which was wrongly paid in favour of me to some one else. Then only he will release the cheque of commission. Please advice me on the above matter. Waiting for your earlist advice.
raghavendra
27 January 2011 at 09:57
sir,
i am a junior lawyer ,practicing at bangalroe, one case in CGIT 1st party objected my representation as per section 36(4) of ID act , taht case was remanded by the high court with direction that should dispose within 3 months , we adjouned the case beyond that period,now that employee had=s filed contempt of court petition in that same court saying this is violation of high court order ,Now how should i take defence for that contempt application,
raghavendra
26 January 2011 at 16:15
sir.
MRP(maximum retail price) under which Act this will come
Shafiq
26 January 2011 at 15:05
I am in big trouble. I appeal to lawyers’ club to suggest how I can get rid of Service Bonds. Such bonds have become a menace and have started dooming many careers.
Agreement that has to be signed before one gets in this State PSU
1. Training Period is 1 yr. Then he has to pass written test- Interview and get absorbed. And then he has to spend another 1 yr as probationer after absorption. [i.e. 1yr training + 1 yr probation.]
2. NOC will not be issued during the training period and probation period.
3. One has to stay minimum 3 yrs after absorption. i.e. the bond period comes out to be 4 yrs. In total.
4. Service Bond on a 20/- Non-judicial stamp paper: Rs. 1 Lakh
5. Agreement on a 20/- Non-judicial stamp paper: If anyone leaves the PSU in the first yr, i.e. in training period he has to pay Rs. 1 Lakh + All the salary drawn. If anyone leaves thereafter, but within the bonded period he has to pay 1 lakh + 3 months notice period. [ Notice period is Basic pay + DA]
6. If the company terminates one then also he has to pay Rs. 1 lakh. [This clause is generally not followed in actual.]
The incumbents are forced to sign such bonds during their entry. Undoubtedly such bonds are one sided. This defies the basic principles of the Contract Act, principles of natural justice and principles of equal opportunity. The parties here don’t have the same bargaining power. The joinee never knows much about the service rules of the organization.
In my case, taking care of my family needs, I joined this state PSU. But once I joined I found that it’s not my cup of tea. The future of this PSU is at stake, it’s full of corruption and the career growth is not so good. In the meantime I cracked other central PSUs which are far better. But I was not given NOC and not allowed to leave. Now if I wait for completion of the contract period my age for applying in other Govt. organizations will be over. I am stuck. I can’t understand when they are saying at one place, that if I leave I have to pay the bonded amount. Again in other place they are saying that I will not get NOC [which means that they will not allow me to leave]. How can both these two clauses apply side by side? This is nothing but chocking the throats of the budding generation.
When I ask about the foulness of these agreements to the higher authorities they just smile off. Some of them who are well experienced in Service laws and who are quite liberal say that these are bogus agreements and are challengeable in the court of law. People who frame such rules never take care of laws. They very well know that no individual will go to the court for this. Now if any goes then also nothing will happen to those who framed such agreements. Because the PSU has their own lawyers. If the org. happens to lose the case in the court of law nothing will happen to them. The loss will be for the org and they will never be blamed. So they get a free hand to frame any bogus rules to suffocate the careers of the budding employees. Please advice what I can do to these people who, at their sweet will, do anything they like.
Avinash Pandey
26 January 2011 at 13:20
Dear Sir,
I had resigned from the company three month before but my company not signed on my PF withdrawal form. How can I withdraw my PF. Please snuggest me.
Regards
Avinash Pandey
ash
25 January 2011 at 20:29
can any one please upload the new laws of SUPREME COURT about CONTRACT LABOUR 0103 , 06010 PAY SCALES , 0612 EQUAL PAY FOR EQUAL WORK, 0620 PROBATION AND CONFIRMATION , 0621 TEMPORARY APPOINTMENT UPDATED ON 8-07-2010
shammii kapoor
25 January 2011 at 18:00
I have been working in a big private ltd co since last
july 2006 as G.M. mktg
I was not getting my salary on 7th as per due date since last few months.
My mother was admitted in ICU on 21 nov 2010. I sent sms to
HR and MD for releasing my salary on 22nov positively for oct month. My MD SENT ME REPLY TO RESIGN & GO. He also mentioned that co had no funds to pay (which he was lying- since they had paid to almost everyone by than)
On his rude behaviour I felt so bad & resigned on same day, which was accepted on 22nd Nov by them.
Till TODAY I HAVE NOT GOT MY OCT & NOV MONTHS SALARY and Incentives & other dues inspite of my several visits & reminders by mails & sms.
They are not clearing my dues which is a huge amount.
Everytime when I visit them ,they say that company has no funds to pay.hence they cant pay me now, but later on they may pay me if funds arrives.
PLS ADVICE THAT AFTER WORKING FOR 4 YEARS & 4 MONTHS IN THIS CO HOW CAN I GET MY DUES & F& F CHEQUE FROM THEM.
IT HAS BEEN 2 MONTHS SINCE I HAD RESIGENED FROM THAT JOB.
pls advise.
Thanks,
S.KAPOOR
kapoor.shammii@gmail.com
shammi_kapoor_2001@yahoo.com
kapoor.shammii@gmail.com
amit
25 January 2011 at 17:43
Dear Sir,
I serve the Indian Air Force for 10 years and 4 months as a combatant member below officer rank and got discharge from the services at my own request. I received the Service and Death cum Retirement Gratuity. Can my services in the Air Force be counted for pensionary perpose in my present job in a RBI. As per RBI rules it can be counted but my application has been rejected because on my Discharge Certificate it is written that 'INDIVIDUAL NOT FALLING UNDER EX-SERVICEMEN CATEGORY" .
kindly advise me sir.
(Amit)
Eswar Kumar potti
25 January 2011 at 16:21
Dear Sahshi Sir and Ajay Sir,
with reference to your reply, i do agree that the query to be in short but situation as such made me to post such a bulky query for making experts to render their valuable advise.
Sir,
As you advised me for short query, i am posting the following :
central Govt department has been providing free school transport for children as per the instructions issued GOI and there is no provision for bus care takers which is essential for controlling the discipline among the school children as they are tender minds. accordingly, the authority has assigned responsibility to welfare department to hire care takers and they were paid out of contribution made by parents not from consolidated fund of india and they are working for 5 hrs and their job does not involve any industrial manual labour.
They have approached ALC office for grant of temporary status and paying of minimum wages, presently the case is pending befroe CGIT. further , once again they have approached with same claim and facts for paying minimum wages.
we have taken our stand that they are working for 5 hrs , hence they are not entitled for minimum wages and also they were paid out of contribution made by parents and not receiving any fund to subsidies the deficiency.
my question follows
once the subject matter is sub -judice, the ALC has any power to admit the complaint and conducting proceeding in which has already been referred by ALC to Ministry of labour.
once they are paid out contribution made by parents, are they entitled from paying minimum wages.
If ALC is taking side of the complainats and invoking excessive jurisdiction, what steps to be taken to tackle the isue.
they are not readsy to give anythig in writing for inespaction premises.
What procedure to be followed if ALC prepare the claim under the provisions Minimum wages Act.
Any suggestion be forwarded to me tacke/counter their excessive jurisdiction.
pl cite any Judgment in this regard
Regards
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dearness allowance and dearness pay
what is differece between dearness allownce and dearness pay.Iam confused with two expressions DA (enters into retirement benefits)and DA (does not forming part of salary).please clarify me sir.