ami
30 October 2010 at 23:46
Dear Experts .may I request that any one may reply as to whether the following judgement is to quoted in support of the argument that thro’ the recruitment rule to be amended the existing staff can get promotion as per the unamended RR?Please help us.AMI
State of Madhya Pradesh v. Yogendra Shrivastava , (SC)2010 (1) S.C.T. 434 SUPREME COURT OF INDIA
Before :- R.V. Raveendran and B. Sudershan Reddy, JJ.
Civil Appeal No. 3156 of 2007. D/d. 07.10.2009.07.10. 2009
“It is no doubt true that Rules under Article 309 can be made so as to operate with retrospective effect. But it is well settled that rights and benefits which have already been earned or acquired under the existing rules cannot be taken away by amending the rules with retrospective effect. [See : N.C. Singhal v. Director General, Armed Forces Medical Services, 1972(4) SCC 765; K.C. Arora v. State of Haryana, 1984(3) SCC 281; and T.R. Kapoor v. State of Haryana, 1986 Supp. SCC 584. Therefore, it has to be held that while the amendment, even if it is to be considered as otherwise valid, cannot affect the rights and benefits which had accrued to the employees under the unamended rules. “
viikram
30 October 2010 at 22:48
Dear All,
I was Sales Development Manager in HDFCSLIC and I have resigned from my post on 31st of July 2010. I was appointed for Sehore M.P. branch and transferred later to Jhansi U.P. (Under MP Region). After transfer from Feb. 2010 I was facing problem with ESS (Employee self service – Online attendance and leave regularization system) that it was showing wrong BM (Immediate reporting manager), due to this I was unable to regularize my attendance. If we are on business tour and not able to mark attendance then branch manager can regularize them on our request in ESS.
I have regularly wrote to HR and other concern for information and correction in this problem from 11 April 2010. But even they didn't respond to me till my resignation.
HR have asked me force fully for my resignation and tell "You will get all residual salary of all previous months with full and final" , I have resign with demanding my residual salary and it was accepted without any comment and resistance. But I was surprised when i received my full and final of Rs. 1456.00
I did not get any salary of Feb, Mar, Apr, and some days of July 2010. Also I did not get approved Sales Force reimbursement of Rs. 4000.
Please suggest what can I do?
Anonymous
30 October 2010 at 15:04
Hi All , I was working in a retail industry from past 2 and a half year with a private company. My place of work in at Delhi however the company in from southern india. In March 2010 , My company has sent me a termination letter without giving me any notic and charged me with false allegation.
So I have filed a case in Labour court at delhi.I demanded 20 times my salary with My rejoining with same designation and salary with necessary increments.
Please advise me that wat exactly happens in such cases and how much time will this type of cases take. Also advise me that would I can do any job during this case or not.
Please advise.
Waiting for ur advises....
Anonymous
30 October 2010 at 07:37
Sir,
Where is the following laid down , meaning which chapter of the Manual of CVC or which Circular of the CVC or in any case Law . I read it from the Handbook of General Vigilance for Officers from the web relating to Airport Authority of India .
"The scheme of consultation with the Commission envisages consultation at two stages i.e. first stage advice and second stage advice. However, there is a provision for another reference to the Commission requesting for reconsideration of its advice if the Disciplinary authority (DA) disagrees with the Commission’s perception of the case. Request needs to be made soon after the receipt of the Commission’s advice. Ordinarily, the Commission does not entertain more than one request for reconsideration and that too, if new facts not within its knowledge are brought to light. “Reconsideration of the Commission’s advice is necessary regardless of whether the DA proposes to take ‘severer’ or ‘lighter’ action than that recommended by the Commission.” CVC’s advice is not binding on the Disciplinary Authority, but it should not be taken lightly. In case of any departure from the Commissions advice, the reasons should be meticulously recorded and promptly intimated to the Commission. Such cases are included in its Annual report, which is placed before both the houses of Parliament."
Regards,
Roshni
PS. Its only Learned Subramanian who is answering most of the queries of the Public. My sincere thanks to him and gratitudes. Will he please help in this query as well
Anonymous
29 October 2010 at 13:26
There is an employee of ours who has left our service. She was provided with a car which she has taken. The condition of employment states that upon leaving she should take the care and pay at book value less depreciation. The employee is not willing to pay and insist on the company to take back the car. Can we take a sell it and recover the balance money from the Full & final settlement of the employee. By doing this are we as employer going to be contravening any of the labour related laws? pl. suggest urgently.
Anonymous
28 October 2010 at 21:48
1.Employer to recover 3 months notice period amount from employee in Full and Final Settlement, Which salary have to consider?
1. Gross Salary
2. Net Salary, or
3. Basic Salary
Is there any law for this.
2.Employer can have right to recover Gratuity amount of Employee without his acceptance, while Full and Final Settlement towards 3 Months Notice.
Anonymous
28 October 2010 at 19:27
Sir
My Friend has joined in one of the leading private bank and worked for a month after a month due to heavy work pressure he decides to resign and submit his resignation. but the bank ask him to serve for the notice period 3 months and also urge him to pay Rs. 1 lakh. Since my friend did not sign any agreement with the bank. How to deal with this issue
Anonymous
28 October 2010 at 12:23
Plz, in this month a new amendment in bonu limit, Current time bonus limit is 3500 rupees but today i heart bonus limit is 10000 rupees plz confirm the same.
Anonymous
28 October 2010 at 11:56
hello sir,
ours company is a infra. co. having off.at mumbai and alloted contracts by state govt. We have sub contracted it to another 2 companies. Our certificate of Regn under Contract Labour Act, 1970 comes to end in Dec.2010. now we want to renew it.
pl. tell me whether first the sub- contractor has to renew its licence then we have to apply for the renewal ?
thanx
Mahesh sharma
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