ambika.S
10 December 2010 at 21:24
Five persons were appointed by the Man power consultancy to serve in a Corporation/public undertaking concern. Later on after the Managing director retired from his service voluntarily regularised the services of the above said five person for the post of Catergory C & D as appointment for the back log vacancies for SC & ST person. The said members are his own family members who were on a contract service. By applying Umadevi's case the Govt has directed to cancel the appointment on various grounds a. that action of Managing Director is not according to KCS rules 2002, b. the appointment date is after the term of services as contractual employees, c. no interview was conducted nor their was appointment against the qualification specified by rules,d. Board members had not assented for the regularisation of appointment.
The said five person has challenged the action of the Corporation in Writ petition. An interim Stay is granted after 4 months of cancellation.
In the mean time the SC & ST commissioner has issued an Order directing now Managing Director to pay the salaries equal to the regular employees.
I want to know that action of the Commissioner is legal? If not what is the remedy?
Parthasarathi Loganathan
10 December 2010 at 19:47
Can expert refer to five latest Supreme Court Cases related to Industrial Disputes? It would be great if you could upload the citations under Files Section of the sub-link for the benefit of many. Thanks in Advance.
Anonymous
10 December 2010 at 17:37
A service agreement is co-extensive and co-terminal with a Leave & License Agreement. L&L Agreement specifically provide for vacation period as 30 days notice. Is it required to mention in the service agreement also? or it can be implied from the terms & conditions of the L7L Agreement as it is mentioned as co-extensive and co-terminal with L&L Agreement? Please advise..
regards,
Adv. MUKESH CHAUHAN
10 December 2010 at 12:20
I worked in a share broking company India Infoline Ltd. from Feb - 2006 to Nov - 2009 as branch manager at Jalandhar city Punjab. I was asked to resign from the job as I refused to obey the transfer order of comapany. I resigned from the job on 27/11/2009. And till date company has not done my Full and Final Settlement i.e. my salary of Nov. 2009 along with incentives. Kindly advice me can I take any legal action against the company. What are the remedies avaibale for me. or I should forget about it.
Arvind Singh Chauhan
10 December 2010 at 08:37
Sir Please help to me it is my personal problem. Here my sister is the claimant. Please refer to the link-
http://www.lawyersclubindia.com/experts/Provident-Fund-110726.asp
I advised my sister to ask following information under RTI
1. Please let me know present status of my withdrawal application dated 12.03.2010, photocopy of which is enclosed herewith.
2. Please supply me ledger extract of my PF a/c from inception to date of your reply, duly certified by you or the competent authority.
3. I be informed details of action so far taken by your office against the employer as I have been told by your office that employer has not fulfilled some required formalities and the result of such action. If no action is taken, I should be informed.
4. If no action has been taken, Names, designation and place of present posting of responsible persons/ officers, be provided to me.
5. Please inform me period prescribed by your office for full settlement of P.F. dues of the employee and action prescribed for not settling claim in prescribed time limit.
6. I be intimated details of First Appellate Authority under RTI Act 2005 with detailed postal and email address etc.
In answer she got following document attached here, please seniors suggest what should she do. Amount only around 20000/- but these days she is needy due to house loan.
Kirti Kar Tripathi
09 December 2010 at 21:01
Dear friends
I have a query with regard to appointment of Workmen Compensation Commissioner, now Employees’ Compensation Commissioner
The provision regarding appointment of workman compensation commissioner in principal Act was as follows
20. Appointment of Commissioners.-(1) The State Government may, by notification in the Official Gazette, appoint any person to be a Commissioner for Workmen's Compensation for such 2*** area as may be specified in the notification.
3*[(2) Where more than one Commissioner has been appointed for any 2*** area, the State Government may, by general or special order, regulate the distribution of business between them.]
3*[(3)] Any Commissioner may, for the purpose of deciding any matter referred to him for decision under this Act, choose one or more persons possessing special knowledge of any matter relevant to the
matter under inquiry to assist him in holding the inquiry.
The amendment made in the Act in 2009, the following amendment was made in Section 20
“In Section 20 of the principal Act, in sub-Section (1) after the word “Appoint any person “ the word “Who is or has been a member of State Judicial Service for a period of not less then five years or is or has been for not less then five years an Advocate or a pleader or is or has been a Gazetted Officer for not less then five years having educational qualifications and experience in Personnel Management, Human Resource Development and Industrial Relations” shall be added.
This amendment was enforced on 18-1-2010 by the Government of India
Now the provision is as under
Appointment of Commissioners.-(1) The State Government may, by notification in the Official Gazette, appoint any person , Who is or has been a member of State Judicial Service for a period of not less then five years or is or has been for not less then five years an Advocate or a pleader or is or has been a Gazetted Officer for not less then five years having educational qualifications and experience in Personnel Management, Human Resource Development and Industrial Relations to be a Commissioner for Workmen's Compensation for such 2*** area as may be specified in the notification.
3*[(2) Where more than one Commissioner has been appointed for any 2*** area, the State Government may, by general or special order, regulate the distribution of business between them.]
3*[(3)] Any Commissioner may, for the purpose of deciding any matter referred to him for decision under this Act, choose one or more persons possessing special knowledge of any matter relevant to the
matter under inquiry to assist him in holding the inquiry
Now my query is that whether any notification in conformity of new provision i.e. Section 20 of Act after amendment is issued by any of the State particularly in U.P. or whether workmen compensation commission appointed in pursuance of earlier provisions are still working.
If so, any petition challenging their authority has been filed , and what is the fate of such petition.
Anonymous
09 December 2010 at 18:25
sir
i want some clarification regarding banking officers service regulations and banking regulation act. is there any expert in this field. kindly give me the name i want to clarify some doubts with him.
thanks and regards
MAMTA BATRA
09 December 2010 at 13:14
The Company was incorporated on 29th Apr, 2003, with the two persons as directors of the ocmpany, the company had started its operation from that day only, One of the director of the company has drawn salary from June onwards, what would be his date of appointment i,e the date on whcih he became director or 1st drawl of remuneration.
Pls advice..
Thx
Anonymous
08 December 2010 at 13:15
the facts r that a person was serving as a central govt employee since 1975,
1974 he was married to a whom by customs divorced in 1980
1982 he maried to b she was divorcee by custom
1985 b made various allegations 498a, bigamy etc ,but the person was acqited by court,
mainteance was allowed to b,
the persons salary office directly pd the maintence since 1985 till to day
1990 person married c and is stating witn her.
the dispilinary commitee dismissed him for bigamy just 1 day before hie retirement.
THE FACT REMAINS CCS RULES NO WHERE STATES DISMISSAL FOR BIGAMY.
his appeal was dismissed.
willl get his retirement and through which form---revision or appeal to CAT or approach the high court .PLEASE GUIDE
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
withdraw of case
sir,
is there any provision in industrial disputes act for withdrawal of referance sent by government to labour court for adjudication ,