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Anonymous   06 January 2011 at 14:18

Applicablity of Contract Labour Laws and Rules


If the number of contract worker enagaged through one contractor is below 20 number still the act and rules under the contract labour and abolishtion act will be applicable to an industry ? In case, where more than one contractor was engaged for different type of service but the number of worker engaged is 15 under each contractor then the act and rule of contract labour is applicable to the establishment and required to apply for registration ? please advise.

Anonymous   05 January 2011 at 22:17

Gratuity

.The BPE vide its order No 2 (70)/08-DPE(WC)dated26th Nov 08 has notified the Govts decision to revise the pay scales of the officers of PSUs wef 01 01 2007.The above said order gives the new pay scales and many other elements.Cl no13 reads as "the ceiling of gratuity of the executives and non unionised supervisors of the CPSEs would be raised to Rs 10 lakhs with effect from 1 1 2007.
One of the CPSE has implemented the pay revision as per the order.But it has refused to increase the ceiling wef 01 01 2007 to 23 05 10 saying that
the act is amended from 2010.Is this tenable?

THANK YOU MR TRIPATHI.
Mr Bansal, Would you kindly give the points clearly as I dont have access for the Gazette readily.

NAMRATA DONTUL   05 January 2011 at 16:32

breach of trust and violation of confidentiality

if an emploee quits the company and joins the competitor co. and uses same process flow which he learnt in the previous co. then what is the remedy available to the previous co. can previous co. file a suit.

Anandakumara MB   05 January 2011 at 14:17

Third party can file case against violation of rules in state police recruitment

karnataka state police recruited the criminal antecedent candidate. The third party can file case against the recruitment in Karnataka Administrative tribunal and dismiss the non eligible candidate recruited in the dept.
The candidate was involved in the Criminal case U/s 307 ( Attempt to murder) R/w 34IPC in the year 2001. FIR was filed, he is not available for investigation to police and court. NBW was isuued but not secured. The same person was recruited to Dept in 2003 he suppressed the material facts.
please suggest third party have locus standi to file the case and what type of case we can file?

NAMRATA DONTUL   05 January 2011 at 11:42

Non Disclosure Agreement

how effective is the NDA signed by employee of an organisation in the court of law.

shan   05 January 2011 at 09:46

Recovery of Employees dues from his PF a/c

Dear Experts,

Can we recover company's dues from employees PF account?. If he left the job without proper notice and did not pay off company's Loan.

Pl reply,

thanks
Shan

anshul sangal   05 January 2011 at 08:11

Liability of contractor and principal employer

When a contractor is liable for payment of wages to the contract labour and when principal employer is liable for payment of wages to the contract labour?Please clarify these two concept ?Please give some case law on these two concept?

Anonymous   04 January 2011 at 19:08

Counting the past military service for pension purpose

I am drawing pension from IAF after completion of 15.5 years.after i joined DGAQA with out any service break .I worked for 9 years..now I have resigned my job due to personal reasons.Before resignation only I came to know that my past military service can be counted for the full pension benefits as per the 6CPC.But this option should have been exercised within one year of joining.That time I was unaware and ignorent.Prior to resignation I have applied for condining letter to execute this option.the same was rerjected by authoritybased on pension rule no-19.There was no otherway .so i have resigned.Is there any way to add my past military service to civil service so that I can get my benefits.Kindly advice me.Also advice me what are the benefits i.e gratuty I will get on my resignation. Thank you

Anonymous   04 January 2011 at 16:11

Registration in Bar Council

Hello sir,

happy new year to all

I am doing job in govt. undertaking corporation. I have completed my LLB in ear 2010. I had taken admission in LLB in the year 2007. At that time i was in a private job. After completing my 2 semesters, in the year 2008 i received appointment letter from the govt. undertaking corporation for job. later on for further semesters i did not taken permission from the corporation because LLB is regular course. but now i have completed my LLB. You are requested to please suggest me whether i can apply for registration in the bar council or not, because of the job. If i apply for registration, is there any problem for my job. please reply

b. sudhakar   04 January 2011 at 12:29

Non finalising of the Enquiry

A chargesheet was issued on 07.01.2008 by an officer who was on long leave (i.e. from 01.06.2007 to 10.12.2007) regarding pending of works during his absence period.

For the above period there was an incharge officer of the same cadre to look after the officer works of the department. He has not issued any letter in his period to me.

The enquiry proceedings were started on 01.02.2008 and not finalized till date. The officer who issued chargesheet was transfer to another area and even enquiry officer and presenting officer were also transferred.

Now from one and half year there was no enquiry proceeding at all.

On my promotion has Jr.Forest Assistant(Supervisory cadre) was reported at Bhupalpalli on 07.05.2007 and confirmation period was completed by 07th November 2007 and there was no extension of my probationary period by the competent authority till date due to which my annual increments of 2007, 2008, 2009, 2010 are due.

In the above, I am losing my annual increments and becoming Junior in promotion policy.

Hence kindly advise legally proceed.