mani
02 October 2010 at 11:15
Dear Expert
I am going to file the civil write petition in High Court for recruitment case Aganist PSU .The Judges asking for Judgements related in this case. How can I Find the judgements. Which book I Have to refer ? Is there any website to get the documents. kindly. give the suggesstion its very help ful to me
Thanking You
Yours faithfully
Suresh
Suresh_24nc@yahoo.com
Rajani Kant Rai
01 October 2010 at 19:54
I would seek your advice - One of the employee who was charge sheeted for false birth certificate & duly punished( dismissal) by the Disciplinary Authority . appellate authority before his two days of his retirement exonerate and reinstate the employee. I would like to know can a separate charge be issued for the same offense .
here I would like to mentioned that during the process of inquiry ,Govt. authorities issued a letter stating that school declared by the employee does not exist, hence certificate produced by the employee was not valid, my question is that since new fact has emerged which was not examined by inquiry officer nor by the DA,can he be charged for the offense emerged on new fact.since law of double jeopardy does not apply in departmental inquiries. is there any case law on this. please advice in detail in favour of justice.
Thanks,
Rajani Kant Rai
Anonymous
01 October 2010 at 18:12
Hi,
I am working as a lecturer in an Aided college in Mumbai.My Salary comes from Govt.Of Maharashtra. My college cut P.F. amount from my salary @10% on basic from April 1998.But they did not open G.P.f. account on time till 2004 for the reasons best known to them.They did not tell me about it except that my P.F. is with college and Govt.did not accept it.So they asked me to fill E.P.F. scheme 1995 form. and send my P.F. there by depositing the excess amount as per E.P.F. norm.(ie 12% on Basic+DA)from day one of my service without any actual deduction of excess amount (than 10%) from my salary.My queries are :
1)If the salary comes from Govt.of Maharashtra,Can the college cut P.F. from salary without depositing it in G.P.f.?
2)Can college claim salary from Govt. and cut and deposit P.f. in E.P.F. which is meant for private sector only?
3)How to deal with this problem legally?
Rupesh
01 October 2010 at 16:09
If a contractor started the Civil construction work without getting Form-V from employer. and after three months employer give Form-V to contractor of currrent date. Can contractor apply for labour license. Is any penlty impose.
Rupesh Arora
Advocate
Rajani Kant Rai
01 October 2010 at 14:38
I would seek your advice - One of the employee who was charge sheeted for false birth certificate & duly punished( dismissal) by the Disciplinary Authority . appellate authority before his two days of his retirement exonerate and reinstate the employee. I would like to know can a separate charge be issued for the same offense . is there any case law on this. please advice in detail in favour of justice.
Thanks,
Rajani Kant Rai
Thanks for reply , you may look the matter on new fact which was not considered by the previous inquiring officer.
Ziaur Rahman
01 October 2010 at 07:45
Can the Inquiring Authority in a departmental proceeding recall a prosecution witness after closure of all the evidences i.e prosecution and defence both, and after submitting the defence arguments by the Charged Officer to him, to clarify some points from the prosecution witness? If so what is the legality of such recall and if not so what should be the reply/objection of the Charged officer who has also be called to remain present on he day when the Inquiring Authority is supposed to seek clarification from the PW. Does it not amount to filling up the lacunae in the prosecution story? What should be the objection of the Charged Officer.Kindly advice.
Anonymous
30 September 2010 at 10:27
pl clarify Whether the payment of bonus(amendment)bill,2010 was came into force.
i seen the bill in october,2010 labour law reporter
anshul sangal
28 September 2010 at 20:15
Sir my question is whether the provision of C.P.C under order 22 rule 3 is applicable on Payment of wages Act?If yes then why?If not then what provision Is applicable related to death of plaintiff in a suit of payment of wages act?
ravi
28 September 2010 at 16:01
Gist of the case
Myself and my colleague Ashok singh were employed with HPCL and we were Oil sector officers association's Treasurer and President respectively during May 2008 we were advised by our members that one adulteration marker launched by Ministry of Petroleum and oil companies has serious irregularities in procurement , specification and implementation. An advocate collected all information through RTI and we filed a complaint before Regional director CBI Mumbai .In retaliation HPCL instantly within 4 days suspended Ashok framing in some misappropriation charges against him and unleashed a reign of terror against me by issuing a chargesheet and show cause, they removed my assistance , stopped perquisites, deducted wages ,made me sit under stairs case and finally evicted me from company accommodation
We approached CVC 3 times in june, july& August 2008 instead giving us any protection they gave an order in Nov. 08 that " we can not be given any job related protection and shall be treated as plain complainant', a PIL basis our CBI complaint was filed in june 08 and Hon. Mumbai high court in their judgment in oct 2008 ordered CBI enquiry and by Vigilance of Ministry of Petroleum . CBI finally filed a PE in April 2009 against oil company officials, marker suppliers Authentix thier Indian agents SGS and then Secretary Petroleum and our complaint was vindicated.CNN-IBN in their Breaking news on 21st sept 2009 exposed the whole scam and confirmed that the marker supplier Authentix/SGS were a black listed company abroad and marker purchased @ Rs. 13000/per ltr without ascertaining the product specification etc.This marker was also carcinogenic( may cause cancer in human being).
HPCL suspended me on the charge of instigating officers , from their services in Jan 09 ,while oil sector officers went on strike (HPCL was the only company which was not on strike), and finally dismissed us in March 2009 by framing both of us in a case prior to our CBI complaint while we had protested against an irregular appointment of CEO by then chairman in a JV of HPCL namely HINCOL., our statuary appeal was rejected in oct 2009 by HPCL and confirmed removal from service, my appeals to President of India have been handed over to HPCL only against whom I am fighting this battle.I have now filed my case before Hon'ble mumbai High court and awaiting justice. CBI complaint has been established by CBI and they have confirmed it to Ministry in turn Ministry has issued advisory to Oil PSU chairmen.
This case is a glaring example that to what extent whistle blowers can be tortured , humiliated for raising voice against rampant corruption and taught a lesson by giving an exemplary punishment by mighty corporation and Ministry , I dont know when justice will be delivered and will it account for miseries , hardships ,suffered in last 27 months by us and our families .
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civil contractor
Dear Sirs/madam,
pl.clear my following queries:
1) Labour cess is the responsibility of Pricipal employer or the contractor executing civil works.
2) If the work is started in june & the pricipal employer issues form v and enrolment of of contractors name on their R.C in september, is there any penality on applying for Labour licence in september, & if so what is the amount & who has to pay
a) Principal employer
b) Contractor,
3) Difference beween lwelfare fund & Labour cess & whose reponsibility is it.
4) Is there any ratio beween contract value & labour expenses. If we are using mechenised system in executing the work the labour componant wil be on lower side.
5) If the civil work being executed in exising factory by demolition part of it & rebuilding whether ESI & PF are to be levid
6) If ESI & PF are applicable to contractor, is taking a Workman Compensation Policy (W C ) is also to be taken & is it optional.