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Anonymous   11 October 2010 at 19:59

Compulsory retirement as penalty in retalaition against a Whistle Blower

Is there any safeguard for a Whistle Blower or is it that the Disciplinary authority who is indicted and has personal interest can impose major penalty upon me.

If the penalty is imposed in the garb and in a farcical inquiry can I do any thing to claim relief.

Any precedence or any citation please.

Thanks in advance.

p k kapoor   11 October 2010 at 17:42

Settlement of bill to a firm after expiry of its proprietor

My employer is an educational institute under one of the Ministry, Govt. of India. It has appointed an agency for housekeeping services. The said agency is a proprietorship firm was run by an Ex-Army officer. Suddenly, due to death of the proprietor the firm has stopped its functioning. My employer has to pay/clear the arrear bills of the agency for the period for which the service was rendered satisfactorily. But, there is no existence of the firm now. However, the wife of the proprietor is praying hard and requesting us repeatedly to clear the dues so that outstanding salary to their employees can be released.
In view of the above situation, kindly help us with some legal guidelines for the following query:-

1. How to pay agency bills which has no existence on death of the proprietor?
2. What legal documents can be demanded from the wife/ legal heir if payment is to be released?
3. If payment is to be released, then in whose favour A/c payee cheque can be drawn legally?

Anonymous   11 October 2010 at 15:47

will ESI pay? URGENT

We are paper manufacture company. now a days we make renovation in our factory premises. We give contract to third person to renovation. now, contractor's workers working in factory premises. are we paid an ESI amount to workers? if yes WHY?

Anonymous   11 October 2010 at 14:41

Case Laws in which major penalty of compulsory retirement was quashed by the Supreme Court

Please cite the case Laws in which the Manjor Penalty of compulsory retirement was quashed/ set aside by the Supreme Court/ High Court

What the circumstances in which the First stage advice of the CVC mandatory?

Are there any case Laws informing that once a charge sheet has been quashed by the Court on the gounds of mala fides the same vebatim charges can not be served again.

Are there any case laws that the Inquiry proceedings can not be conducted at the residence/ Law Office/ office of a Legal outsourcing company?

Can the Honorary President of a registered Society nominated by the Government as such exercise the executive and statutory powers

Anonymous   11 October 2010 at 12:40

Non payment of arrears of Wage Revision.

In 2006, Hindustan Copper Ltd. revised the Pay scale of their employees from 01.01.1997 and made payments of arrears to all on roll or retired/resigned/expired, but thousands of employees, who opted voluntary retirement, have not been paid. Neither they are paid their arrears nor they are being informed the reasons for such non-payment. Managerment is going their own way to eat away crores of rupees payable to such VRS employees. Some of the employees filed writ petitions, but it is very lengthy proces. RTI failed to get any inormation on the subject, as the management beat about the bush and does not part with the answers to the queries. All affected are above 65 years of age and have meagre resources to chase the management legally. Would some NGO or people friendly organisation come to help the hapless senior citizens go get their arrears. Thanks.

vinod kumar pandita   10 October 2010 at 21:44

Transfers By Way Of Pick & Choose Method

Dear Sir/Madam
I am working in Regional Rural Bank Working As Cashier cum clerk & belong to that union not liked by management.Managament have adopted a transfer policy endorsed by both unions.but unfortunately management is victimising the persons belonging to a particular union and transfer the persons at their will by way of pick and choose method.Is not there any legal remidy to stop the management to favour one union and victimise the other,in my case I am expert in computer software but management transfered me to that branch where banking is done manually.hence I feel Victimised.

prashant1314   10 October 2010 at 15:26

Shop & Establishment Act

Dear Sir,

As per Bombay Shop & Establishment Act estalishment has to be closed once in a week, but I observed that on railway station shopkeepers keep there shop open on all 07 days alongwith 24*7 hours timinings could you please put light on it

Thanks in advance.

Prashant


vinod kumar pandita   10 October 2010 at 10:24

frequent transfer

Sir/Madam,
Please advice me if there is any legal way to stop management to transfer persons frequently by way of pick & choose method, without caring for transfer policy adopted by management and also there are some instances where some particular persons are being protected & they have never been transferred.
Thankyou,
Vinod Pandita
Jammu

Vinod Phulchand Pawar   09 October 2010 at 19:35

Bar under Section 59 of MRTU & PULP Act, 1971

Dear Forum:

1.Once the issue like the legality of Lock-out and Strike had already been decided in the Complaint filed under MRTU & PULP Act, 1971. Can the same issue raise again in a reference under Section 10 of the Industrial Dispute Act, 1947.

2. Can there is any bar under section 59 of MRTU & PULP Act, 1971.

Mugundhan   09 October 2010 at 14:21

Software engineer-Whether a workman

Dear Experts, whether a software engineer working in a IT company is a workman within the definition of the Industrial disputes Act?