Keerthi
24 October 2010 at 16:44
Sir/Madam,
We are a trust regd under Trust Act in 99 - funded exclusively by one agency FCR.
Here our questions:
1.Can a Board member of a foreign foundation – (fund agency) - be a member/trustee of the Indian Trust Board, if yes, what is his/her power or liberty to role/amend the Trust work and labors.
2.Can the foreign Foundation appoint foreign personnel to send to India, work in the Indian trust as manager, if yes?
3.What kind of document has the Indian trust to provide for to the GOI to justify that post to a foreigner?
4.Which party (Foundation or Trust) has to pay the salary of the employee?
5.Has the foreign Foundation the power to appoint/dismiss any of the Indian trust employee or even trustees?
6.Has the Indian trust the obligation to ask any permission to appoint new trustees and new employees –
7.Has the foreign Foundation the authority to ask any amendment of the Indian Trust Deeds?
8.Where shall be mention the partnership between the foreign partner with Indian Trust?
9.Can the Trust change the Fund agency and what to do for it?
Thanking you for your kind reply
Keerthi
Anonymous
24 October 2010 at 13:52
please guide me and brief as under.
i was convicted by the court of law under section 409 of ipc and awarded punishment of fine of Rs.10000/- and of one year . I was deposited the fine amt and granted bail in respect of imprisonment. Consequent upon my conviction I was awarded the punishment of "Dismissal from Banks Service without Notice" on 14.08.2010
under Regulation 10(1)b(i) of Banking Regulation Act 1949.Thereafter I preferred an Appeal before the Additional Session judge.against my conviction.My appeal accepted and I was ACQUITTED of the charge on.20.07.2010 I have preferred an appeal dated.24.09.2010 against the Dismissal Order passed by the Disciplinary Authority (AGM.ZO.UJJAIN.M.P.)aglonwith acqutal order passed by Additional Session Judge Agar Malwa. BUT BANKS APPELLATED AUTHORITY CANNOT PASS ANY ORDER FOR REINSTATEMENT WITH THE PERIOD OF DISMISSAL SPENT BY ME.
PLEASE GIVE ME ADVISE AND S.C RULLING IN FAVOUR ME FOR BACK WAGE AND BENIFIT AND PROMOTION IN BANK IN HIGHER GRADE. BANKS ALREADY COMPLITED DEPTMENTLY INQURY AND PUNISHMENT AWARDED WITH THREE INCRIMENT FOR THREE YEAR IN SAME CHARGE OF CRIMINAL TRIAL IN PAST.
ami
24 October 2010 at 08:36
Hello, any one may please inform us the details on judgement by HC/SC that the amended Recruitment rules can have retrospective effect to promote a Govt. servant after the date of publication of Recruitment rule in the Gazette.Kindly help us-AMI
Geneviere Cheah
23 October 2010 at 23:02
XYZ company hires 5 staff to prepare food for tenants at its hostel. The 5 staffs took a week's sick leave. The company then entered into a fixed term contract with Mr and Mrs smith to provide the food for its tenants.They started their work upon the sick leave of the 5 staffs until the end of a certain period or until the 5 staffs reported back, in any case the maximum period is a month.A lump sum was paid based on the hours they worked.Four days before the end of a month, the person in charge of XYZ gave notice to Mr and Mrs Smith that they don't have to prepare food any more starting the next day onwards as the 5 staffs are back. They appealed in writing to the person in charge, so that they can continue till the end of that month.The person in charge did not give any response. My question is does the contract ended upon the notice given by the person in charge? What action can be taken by Mr and Mr Smith?Does inaction of the person in charge amount to consent to let them continue?Is there any english case law on this?What is the legal consequences if Mr and Mrs Smith did something against the express prohibition given and thus causing some injury to third party on the next day which they were told to not prepare any food anymore?Can XYZ be liable?
thanks.
Anonymous
23 October 2010 at 22:58
XYZ company hires 5 staff to prepare food for tenants at its hostel. The 5 staffs took a week's sick leave. The company then entered into a fixed term contract with Mr and Mrs smith to provide the food for its tenants.They started their work upon the sick leave of the 5 staffs until the end of a certain period or until the 5 staffs reported back, in any case the maximum period is a month.A lump sum was paid based on the hours they worked.Four days before the end of a month, the person in charge of XYZ gave notice to Mr and Mrs Smith that they don't have to prepare food any more starting the next day onwards as the 5 staffs are back. They appealed in writing to the person in charge, so that they can continue till the end of that month.The person in charge did not give any response. My question is does the contract ended upon the notice given by the person in charge? What action can be taken by Mr and Mr Smith?Does inaction of the person in charge amount to consent to let them continue?Is there any english case law on this?What is the legal consequences if Mr and Mrs Smith did something against the express prohibition given and thus causing some injury to third party on the next day which they were told to not prepare any food anymore?Can XYZ be liable?
thanks.
Anonymous
23 October 2010 at 15:29
Dear Sir,
I am working in a Pvt. Ltd. Co. Since last 4 months. which trades for used machines.Less than 20 workers or employees work here.We have asked for Bonus at Diwali to Managing Diretor of the company but he denied for paying Bonus and said it is not a company. This is just a warehouse so there is not any matter of paying Bonus.
My Question is that Are we elligible to get Bonus (8.33%)? or not. Please reply by email.
Bhupendra Dubey
bhupendradubey_982@yahoo.co.in
9654676802
Bhupendra Dubey
23 October 2010 at 15:27
Dear Sir,
I am working in a Pvt. Ltd. Co. Since last 4 months. which trades for used machines.Less than 20 workers or employees work here.We have asked for Bonus at Diwali to Managing Diretor of the company but he denied for paying Bonus and said it is not a company. This is just a warehouse so there is not any matter of paying Bonus.
My Question is that Are we elligible to get Bonus (8.33%)? or not. Please reply by email.
Bhupendra Dubey
bhupendradubey_982@yahoo.co.in
9654676802
kannan t r
23 October 2010 at 11:52
In a school consolidated amount was paid as salary without any break up. Pl let me know on what amount the pf has to be deducted for the past period. Any court rulings available?
For future, proper pay scale will be introduced.
Anonymous
22 October 2010 at 19:02
Dear experts,
Section 2 (e) of the Payment of Gratuity Act, 1972 defines an Employee as "any person (other than an apprentice) employed on wages, in any establishment, factory, mine, oilfield, plantation, port, railway company or shop, to do any skilled, semi-skilled, or unskilled, manual, supervisory, technical or clerical work, whether the terms of such employment are express or implied, and whether or not such person is employed in a managerial or administrative capacity, but does not include any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity"
Does this definition cover Central/State Government employees like, clerks,Senior clerks, officers etc.
Who can be said to be "holding a post under the Central Or a State Government"
Kindly clarify and enlighten me at the earliest.
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Amount of Pension as the entitlement
Sir,
As stated earlier I am a whistle blower of corruption who was retaliated against with suspension and issuance of a charge memo.
It took me more than three years to get the justice which quashed the memo of charges and the order of suspension but gave liberty to the respondents to objectively examine the allegations of misconduct which are 7 to 13 years old.
The respondents seized the opportunity to re -slap the 15 out 20 charges that had been quashed by the High Court on the grounds of mala fides. The charges re served were ditto copy of the charges quashed by the Court.
The Organisation in the hands of my deputy director appointed a retired High Court Judge who charged more that Rs Seven Lakhs to hold me guilty in the manipulated ex parte Inquiry Report.
The material documents were never given to me despite my requests. The end of the story is that I have been compulsorily retired as a penalty despite the advice of the CVC to issue to me Censure. The First Stage Advice of the CVC was neither obtained before issuance of charge sheet earlier nor on the second occasion.
My Advocate is intelligent but dead slow and though assures me the moon but I do not know if anything will come out if one is pitted against the organisation.
Please tell me how much pension will i get and what other as my last basic pay was Rs 45000/- and I have completed 15 years of service.
Should I pin any hope ? I find Mr Subramanaian is in Chennnai and here you do not know who you get to act as your advocate or as your opponent's advocate.
Please advice.
roshni.justin@yahoo.com