Tufail
18 November 2010 at 23:50
We were using PRI Landline service since more than one year at my office premises 2nd and 4th floor both having separate PRI lines. Since starting of February 2010 we were facing the problem of line disruption, we informed concerned person Mr. ABC and intern he referred us to Mr. XYZ and he send Mr. 123 for the resolution of the issue, Mr. 123 informed us that wiring is faulty after that we got in touch with our maintenance people they came and looked into the system and reported to us that we have checked and verified the fault is not with the wiring as that person have put a reasonable point where in he mentioned that if wiring is faulty the telephone lines will not work the issue is that the calls are getting disconnected after that we gave same feedback to the service provider people in the meanwhile we lost the focus from this issue as we were looking into expansion and also relocation. During that time service provider was also not able to resolve the issue, once again we got in touch with service provider people and they started looking into the issue this time Mr. 123 reported that EPBX is not configured properly and also earthling is not proper, for the resolution of the issue we got in touch with the EPBX maintenance people once again and they came and looked into the system and reported back to us that EPBX is working properly but at the same time we informed them that the service provider people has advised us for the EPBX configuration change and rectification of earthling, the EPBX maintenance person reported that EPBX configuration is having no problem but how can they blame the earthling, we are using the same earthling at the 2nd floor for the other PRI line from service provider how can service provider people give such an excuse during all this process we have lost lot of time after all this we registered a formal complaint with the Appellate Authority they created the ticket at their end under the docket number 34981244 but to my dismay that also did not proved to be fruitful for the resolution of our issue we lost lot of time. After requesting everyone for almost 10 days someone from technical department of service provider visited our office during the night hours accompanying him was Mr. XYZ and he suggested certain things to Mr. XYZ the first and last thing he suggested was to replace the main wire coming from service provider Box on the road, after some days they replaced the wire and the issue got resolved even though we were not satisfied first but in fact that resolved the issue. It is not out of place to mention here that on 13-07-2010 the same lines got barred due to not payment of the bill for the account already deactivated in the month of December 2009. We got panicked and we got in touch with Mr.456 but rather than making us understand he reported that lines will be unbarred only once payment for that account will be released, also he forwarded us the mobile number of Mr. H after that we got in touch with Mr. H he reported to us that he will visit our office next day with all the necessary documents for the same, when he reported to our office he was not carrying any documents nor he forwarded us any documents instead he convinced us for the release of the payments for the same account ID and also committed/informed us that he will be sending us the documents in shape of NOC’s for all the numbers which we have used from time to time and he also reported that there is no outstanding on any of the previous numbers or deactivated numbers nor is there any bill pending for archiving, after that we got convinced and we released the payment for the line used in December 2009 also at the same time we make an advance payment of Rs. 4463 for the current PRI, also we release advance payment of Rs. 9228 for the other PRI line but that cheque was stopped when we came to know that we are paying Rs.10000 instead of Rs. 772 after that we received the call from service provider regarding the same and updated us that you need to clear that cheque because one of our PRI line was disconnected due to NDNC violation that number is carrying some outstanding that is the reason we immediately released Rs. 10000 through credit card. Then on 9th of August 2010 our lines got disconnected when we got in touch with customer care they reported that lines have not been disconnected nor they have been barred it may be a technical fault in the process we got in touch with Mr. S for early resolution. After sometime Mr. S informed us that lines have been barred due to not payment and also high usage we issued the cash payment of Rs. 33000 to service provider but our lines were not restored then we tried to contact Mr. S but he did not responded to our calls in such a desperate situation we visited service provider office at Pratap Bhawan ITO New Delhi there someone informed us that lines are not barred due to non payment the lines are disturbed due to technical issue service provider is in the process of resolving the issue we stayed in the service provider office for almost 8 hours for the resolution of the issue at about 9:30 PM the issue was resolved but no one at service provider office supported us during that period of time even we had been left alone with security. Then on 13th of August 2010 I visited same service provider office for the understanding of the bill for other PRI line I was told to get in touch with nodal office at service provider Okhla office when I visited Okhla office I was being told that nodal officer is operating from service provider gurgaon office, afterwards I have send mails on everyday basis to service provider but no response from service provider.
It is not out of place to mention that in the process of understanding and verifying the bills we came to know about grave irregularities in the bills from service provider for an example in the month of November, December 2009 and in the month of January February the call charges for all the outgoing calls were charged using different call charges which we have not agreed upon.
All the above information is registered with service provider with the following interaction ID’s as being provided to us from service provider Customer Care, Nodal Officer and Appellate Authority the ID’s are 33181910, 32898998, 34752700, 34959754, 34568728 , 34981244 (AA Ticket), 34848700, 34870372, 34786324, 34855126.
I need your suggestions regarding the same, how much should i demand as compensasation, what are the plus points in this case.
Your feedback will be greately appreciated.
REGARDS

Anonymous
18 November 2010 at 14:15
case asked in removal from service.Plural remedies. Query remains unanswered:-
1 for challenging order for reinstatement in service after 20 yrs in CAT and
2recent circular of 2008 for grant of compassionate allowance to removed/ Dismissed employee can it also be challenged by filing a single application in CAT or separate application has to be filed for 1 &2 jointly.. Both being separate remedies i.e.PLURAL remedies.
Member (Account Deleted)
18 November 2010 at 14:00
Dear Experts,
Some known person of mine is working in a Govt. Aided school as a teacher. Now, the retirement is due in June 2011 but the management wants to give resignation showing last working day as 31st December'10.
But just to compensate the retiring teacher, the management has agreed to pay the six month's salary, which they will recover from the new teacher and will pay after six month.
Management is not willing to make the payment of said 6 month's in advance but they are willing to pay after june'11.
Please guide me :
1) Should the retiring teacher, at the time of giving resignation- should collect a post dated cheque dated 01-07-2011 for the said salary of 6 months?
2) Should the retiring teacher, at the time of giving resignation should enter into any kind of agreement as well (apart from collecting the cheque)? If Yes, then kindly share the wordings/format of the agreement...
3) What if the management puts a stop payment on the cheque, before the said cheque is presented?
4) Can she legally recover the amount from the management if the cheque is dishonoured?
5) Any other valuable input?
MUKESH KUMAR CHOUDHARY
18 November 2010 at 10:16
i worked in D.A.V. Public school in bihar from may 2008 to may 2010. i had faced interviewe and got the appointment letter as adhoc teacher on contractual basis. now they removed me from job. can i demand for permanent in this institution. in letter my term was till 31/3/2010 but i worked as teacher till 22/5/2010 without any extension letter. can i go labour court for the same. pl. advice me fresh

Anonymous
17 November 2010 at 18:10
Sirs,
A was removed from serviceinn1989 under disciplinary rules , but ex-parte, when he was sick.He was served show cause notice and also removal notice, though while reporting to join with sick/fit certificate was futile.No PF, or his legitimate dues were paid even today no payment has been paid.Can thi long period be condoned so that I can claim for my reinstatement( I am supposed to be retired in2010).
II.Recently 2/3rd pension (compassionate allowance ) gas been made payable to the dismissed/ removed employees if his service record & disciplinary case are available.The govtt. offices are not tracing records simply taking plea that old records not traceable/ available which is causing inconvenience to poor beneficiaries & opening floodgates of corruption for locating records.
My Q 1 is , can I file at present a case inCAT for re-instatement with proper delay condonation of 20 years.Q2Can in a single OA in CAT two grievances be asked i.e. (A) one Q1 other failing Q1(B) it may be prayed for compassionate Allowance.
Will it amount to PLURAL remedies. Pl guide. Thanks.
AJAY KUMAR
17 November 2010 at 15:06
Hello,
Pls help me out for this question
The gross salary of an employee is 11,900 and ESIC is applicable @1.75 on this = 209.
In the month of OCT 10, he got Rs.4000 more (1000 for examination fees of NCFM as reimbursment and 3000 as cash reward for passing NFCM Examination) so the total gross salary became Rs.15900 and company has deducted Rs. 279 on 15900 @ 1.75.
So my questions are
1. Is reimbursment and cash reward coming under ESI deduction?
2. If deductable then should limited to Rs. 15000 only because max for ESIC dedution is 15000.
Pls help me for this issue both questions are important waitin egarly for ur reply
raghavendra
17 November 2010 at 15:05
sir,
can advocate represent before central govt industrial tribunal
if yes which provisions or judgement says lawyer can file vakalat

Anonymous
17 November 2010 at 11:45
Sir,
We are Vendor & Our some employees are work at minimum wages, Now company says we only pay 12% & 4.75% for PF/ESIC.
Now please tell us that remain contribted amount cut from employees Salary.
Also tell me Breakup Rules.
Thanks & Warm Regards,
Pradeep Kumar Yadav

Anonymous
17 November 2010 at 09:45
Can a Medical Representative be terminated on the basis of nonperformance?
In such cases is it necessary to conduct a domestic enquiry? (are the poor sales figures enough reason?)
ami
16 November 2010 at 20:30
Respected experts,Can PIL may be filed in High court for the following issue:
Out of 48 Higher sec.Schools 26 schools do not have Principals and out of 73 High schools 21 schools donot have Headmasters GrI and 40 Headmasters GrII who all have to supervise the Scolastic activities especiaally the coaching the syudents for SSLC and +2Public Exams.Teachers' associations on selfish attitude cross swords with one another and file a case ,get a stay for promotion,press the Govt for amendment of RRs ect since 2004!!!.Pleade to respond with any judgement on similar request,please.-AMI
Telephone Services
We were using PRI Landline service since more than one year at my office premises 2nd and 4th floor both having separate PRI lines. Since starting of February 2010 we were facing the problem of line disruption, we informed concerned person Mr. ABC and intern he referred us to Mr. XYZ and he send Mr. 123 for the resolution of the issue, Mr. 123 informed us that wiring is faulty after that we got in touch with our maintenance people they came and looked into the system and reported to us that we have checked and verified the fault is not with the wiring as that person have put a reasonable point where in he mentioned that if wiring is faulty the telephone lines will not work the issue is that the calls are getting disconnected after that we gave same feedback to the service provider people in the meanwhile we lost the focus from this issue as we were looking into expansion and also relocation. During that time service provider was also not able to resolve the issue, once again we got in touch with service provider people and they started looking into the issue this time Mr. 123 reported that EPBX is not configured properly and also earthling is not proper, for the resolution of the issue we got in touch with the EPBX maintenance people once again and they came and looked into the system and reported back to us that EPBX is working properly but at the same time we informed them that the service provider people has advised us for the EPBX configuration change and rectification of earthling, the EPBX maintenance person reported that EPBX configuration is having no problem but how can they blame the earthling, we are using the same earthling at the 2nd floor for the other PRI line from service provider how can service provider people give such an excuse during all this process we have lost lot of time after all this we registered a formal complaint with the Appellate Authority they created the ticket at their end under the docket number 34981244 but to my dismay that also did not proved to be fruitful for the resolution of our issue we lost lot of time. After requesting everyone for almost 10 days someone from technical department of service provider visited our office during the night hours accompanying him was Mr. XYZ and he suggested certain things to Mr. XYZ the first and last thing he suggested was to replace the main wire coming from service provider Box on the road, after some days they replaced the wire and the issue got resolved even though we were not satisfied first but in fact that resolved the issue. It is not out of place to mention here that on 13-07-2010 the same lines got barred due to not payment of the bill for the account already deactivated in the month of December 2009. We got panicked and we got in touch with Mr.456 but rather than making us understand he reported that lines will be unbarred only once payment for that account will be released, also he forwarded us the mobile number of Mr. H after that we got in touch with Mr. H he reported to us that he will visit our office next day with all the necessary documents for the same, when he reported to our office he was not carrying any documents nor he forwarded us any documents instead he convinced us for the release of the payments for the same account ID and also committed/informed us that he will be sending us the documents in shape of NOC’s for all the numbers which we have used from time to time and he also reported that there is no outstanding on any of the previous numbers or deactivated numbers nor is there any bill pending for archiving, after that we got convinced and we released the payment for the line used in December 2009 also at the same time we make an advance payment of Rs. 4463 for the current PRI, also we release advance payment of Rs. 9228 for the other PRI line but that cheque was stopped when we came to know that we are paying Rs.10000 instead of Rs. 772 after that we received the call from service provider regarding the same and updated us that you need to clear that cheque because one of our PRI line was disconnected due to NDNC violation that number is carrying some outstanding that is the reason we immediately released Rs. 10000 through credit card. Then on 9th of August 2010 our lines got disconnected when we got in touch with customer care they reported that lines have not been disconnected nor they have been barred it may be a technical fault in the process we got in touch with Mr. S for early resolution. After sometime Mr. S informed us that lines have been barred due to not payment and also high usage we issued the cash payment of Rs. 33000 to service provider but our lines were not restored then we tried to contact Mr. S but he did not responded to our calls in such a desperate situation we visited service provider office at Pratap Bhawan ITO New Delhi there someone informed us that lines are not barred due to non payment the lines are disturbed due to technical issue service provider is in the process of resolving the issue we stayed in the service provider office for almost 8 hours for the resolution of the issue at about 9:30 PM the issue was resolved but no one at service provider office supported us during that period of time even we had been left alone with security. Then on 13th of August 2010 I visited same service provider office for the understanding of the bill for other PRI line I was told to get in touch with nodal office at service provider Okhla office when I visited Okhla office I was being told that nodal officer is operating from service provider gurgaon office, afterwards I have send mails on everyday basis to service provider but no response from service provider.
It is not out of place to mention that in the process of understanding and verifying the bills we came to know about grave irregularities in the bills from service provider for an example in the month of November, December 2009 and in the month of January February the call charges for all the outgoing calls were charged using different call charges which we have not agreed upon.
All the above information is registered with service provider with the following interaction ID’s as being provided to us from service provider Customer Care, Nodal Officer and Appellate Authority the ID’s are 33181910, 32898998, 34752700, 34959754, 34568728 , 34981244 (AA Ticket), 34848700, 34870372, 34786324, 34855126.
I need your suggestions regarding the same, how much should i demand as compensasation, what are the plus points in this case.
Your feedback will be greately appreciated.
REGARDS