S.B.adil rahman
20 January 2011 at 13:19
In a departmental proceedings the charged officer is being proceeded against under West Best Bengal CCA rules 1971 which is not applicable upon him. He is guided by his departmental regulations and proceeding should have been initiated under the same rule. But inspite of specific representation given to the disciplinary authority bringing the error under his notice,he did not act. What will be the fate of the proceedings drwan under the rule which is not applicable upon the delinquent? What remedy is available to him if he is punished by the disciplinary authority based on the findings of such proceeding? Kindly advice with the relevant case law,if any.Whether he can claim any compensation from the Government for keeping him entangled in the proceeding for the last 4 years denying him the promotion and also by not adopting the sealed cover procedure? be it mentioned that his seniority has been consumed by the Government as no vacancy was kept reserved for him and he has been made juniors to his juniors who have been promoted to the higher rank.
Anonymous
20 January 2011 at 13:07
I m working in an IT company . Signed a bond for 5.5 years. They are sponsoring my MCA. First bond is for 3.5 years till MCA and the second bond is for 2 years . Totally 5.5 years. The salary is very low and we are not treated well over here . ITs like hell. I wanna jus leave this company. What wil be the consequences . Please let me know . I need help badly.
If i break the bond i have to pay 2.8 lakhs now . for the second bond i have to pay 3 lakhs. M not willing to pay...
tapan chakrabarty
20 January 2011 at 11:42
respected sir,
i'm a state govt. employee reported to west bengal vigilance commission reg defalcation of govt. money.and the deptt. harrasing me unfairly. vigilance commission wrote to the head of my deptt. for personal intervention so that the petitioner may not be harrased unfairly for reporting to the commission.
i want to know about the power of commission in protecting petitioner.
Anonymous
20 January 2011 at 11:00
Hello, i am newly appointed as a Law officer in a company.One case is pending in which a contract labour met with an accident and got 30% total permanent disability( Lost 3 fingers) in Jan 2010 after that my company hr admitted him in the hospital and beard the hospital expenditure of Rs.1,65,000/- and he demanded for the security of the child so some policy has been purchased of Rs.50,000/- by his sons name. and paid 6 months salary while he was not working. he joined and worked for 5 months then suddenly he started demanding 5 lack rupees as compensation.
Formalities done by the Company:-
1) First aid is given admitted in hospital
2) Informed factory inspector after on month but after his visit. no statement is taken of the labour by inspector he made the report accordingly.
My question:-
1) My company want to settle this matter but not with the interference of the commissioner.otherwise penalty will be awarded.or how to settle this matter
2) i know that we cannot set off the amount we did as an expenditure of hospital to the labour as per section 9 from but how we can recover the money if we have to pay WC money saperately.
3) as per my calculation the total amount that company should pay is 2,85,916/-,
(Method of calculating monthly wages as per Section.5(c) of W.C.Act,1923
1)Method of calculating wages:-
Total wages earned in respect of
The last continues period X 30 Number of days comprising such period.
Therefore:-
28802 X 30
192
= 4500.3125
Amount of compensation to be paid:- 30% of the monthly wages x Relevant factor
( As per section.4(1)(c) of WC Act.)
Wages are calculated in the following manner .
Therefore:-
1350 X 211.79
=2,85,916/-)
4) Any other suggession please give
Please suggest how to settel this matter it is very very urgent.
Mahima
20 January 2011 at 10:25
Is there any connection between negotiable instrument act and shop establishment act regarding holidays
mishraswa
19 January 2011 at 15:02
Hi,
I am working as an HR Executive in an Imports Firm (Proprietorship). We do not deal with any kind of manufacturing operations, however, we have a few carpenters, drivers and office boys on the rolls of the Company, who do the installation work or other unskilled / semi-skilled work.
1. I want to know which Act would govern our firm from the point of HRD?
2. What laws should be taken into account for deciding the Wages / overtime for these employees?
3. Under what law would the salary / overtime/ leave of executive or higher class of employees is decided?
4.Is there any change in the above if the Co. is a Pvt Ltd Co.?
pandimaharaja
19 January 2011 at 14:44
No Dismissal of employees appointed on Compassionate grounds on the ground of not passing the Exam is illegal. As Compassionate grounds appointments are exception of regular appointments and are made under the scheme formulated by the Government to assist the family of the deceased employee to cope with the financial stringency arisen due to death of earning member of the family. It is a benefit available to the deceased employee under his services conditions.
is any citation or provision available to prove the above statement? please inform me.
pandimaharaja
19 January 2011 at 14:42
No Dismissal of employees appointed on Compassionate grounds on the ground of not passing the Exam is illegal. As Compassionate grounds appointments are exception of regular appointments and are made under the scheme formulated by the Government to assist the family of the deceased employee to cope with the financial stringency arisen due to death of earning member of the family. It is a benefit available to the deceased employee under his services conditions.
is any citation or provision available to prove the above statement? please inform me.
pandimaharaja
19 January 2011 at 14:30
No Dismissal of employees appointed on Compassionate grounds on the ground of not passing the Exam is illegal. As Compassionate grounds appointments are exception of regular appointments and are made under the scheme formulated by the Government to assist the family of the deceased employee to cope with the financial stringency arisen due to death of earning member of the family. It is a benefit available to the deceased employee under his services conditions.
any citation or provision is available please inform me.
is any special provision is available for Compassionate grounds appointments? please tell me.
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Liability of employer
Labour was going to home from place of work in company vehicle by self drive and on the way got accident and death. Vehicle was insured.
What are the liabilities of employer?