G. ARAVINTHAN
28 September 2010 at 08:08
X was appointed as office Assistant in the Judiciary department and the employment was sponsored by the Employment Exchange.
It was on temporary basis under State and Subordinate Services Rules.
Since X was absent for a day with out prior information, was terminated from service.
No department proceedings were conducted.
What is the remedy for X ?
Dear Learned Members and Experts.
Kindly post your suggestions with citations if found
mani
27 September 2010 at 19:03
dear sir
I need recruitment act for central govt & PSU . IF they breach the recruitment rules how we can files the case in high court
kindly do the needful
thanking you
regards
suresh
suresh_24nc@yahoo.com
Anonymous
27 September 2010 at 11:44
Dear Sir,
Please explain the provisions of law where in the management of an organisation is empowered to avoid the payment of arrear money, of revised salary for services rendered in past, to its employees (both workmen & officers).
If this is not possible as per law kindly enlighten us as how to get back the money?
Anonymous
27 September 2010 at 11:25
Sir,
My son has resigned from one I.T. company with mutual verbal consent as they were not paying the Salary+++ in time.
They have accepted the formal resignation & assuring him to pay the balance dues & other receivables in due course of time.
Almost one year has passed & he has been reminding the person concerned vide e.mail; on telephone & letter sent thru Regd. A.D. plus statement of a/c showing how much money he is supposed to receive as per company's policy mentioned in writing vide U.P.C.
They are neither denying nor paying. What should I do to get my hard earned money?
Regards.
Ramesh Raval.
Advocate. Arunagiri
26 September 2010 at 20:31
My client of TN Govt caught in a Trap, taken to 2 days judicial custody. He was suspended. Few months latter on my representation to the authorities that there is no material evidence or even eye witnesses against him, his suspension was revoked. He worked for 9 months after the revocation. Now the Police filed the charge sheet before the court.
What will be his status? Whether he will be suspended once again just because of the charge sheet? Is there any case law for this situation?
Arunagiri
Advocate
Anonymous
26 September 2010 at 11:26
A Contrcator has been engagaed in our factory with compulsory Workmen Compensation Policy by an Insurance Co.
Since 2010 ESI has also been made compulsory.
One of the Contractor says he need not take a WCP as he has taken ESI Cover.
Is it okay?
Anonymous
26 September 2010 at 10:09
After retirement from the Navy, I joined in the service of a corporation as GM in 1989. I submitted resignation letter but the MD called me & asked me to continue as my unit made 30% more profit than previous yrs. So i continued without any break in service. i was confirmed in my post before completion of probation period. Next yr also, the unit made 30% more profit than previous yr.Then after 1 yr from the date of resignation, they informed me of acceptance of my resignation ltr and released me from service. I refused to comply with their order & they issued order of stand release from service.
2. I submitted Writ Petition to the High Court, rule was issued, made absolute and declared the impugned memo of my release to have been passed without any lawful authority and is of no legal effect.
3. I submitted joining letter but they submitted leave to appeal which was dismissed after hearing.
4. I submitted joining letter again but they didn't accept the same within reasonable time. Before crossing the age limit for superannuation, i filed Contempt Petition, rule was issued, heard by a Division bench of High Court, made the rule absolute in part as follows:-
a) Cotemner no. 1 was found guilty of contempt and warned, other contemners were found not guilty and acquitted.
b) As consequence of setting aside of impugned order, i am to be treated in service for the entire period of 18 years i was kept out of service by the authority.
c) Authority has been directed to pay my service benefits for 12 years within 3 months.
d) 6 yrs has been deducted from my service as the W. P. was dismissed for default and the same was restored after 6 yrs.
5. The issue of delay & latches was not agitated during hearing of restoration application & W. P. was restored unopposed from respondents though notice was served & they submitted power in time.
a) Can they raise this issue without affidavit at belated stage of hearing in Contempt proceedings?
b) If not, is the deduction of 6 yrs justified?
c) If not, what is the remedy? Should i file review or i can agitate the issue before Apex Court?
d) Can i say that they are barred by res judicata and waiver?
6} They contended that i was absent from duty and granted me extra ordinary leave without pay. H C Div. rejected their contention & declared me in service for the entire period. But still they are maintaining same argument & obtained stay for 6 wks from the chamber judge of the Appellate Division.
a) Can they get extension even after getting copy of the judgment?
b) What should be my courses of action?
7) Dear Sir.
I am a bereaved man and facing hardship with my family and a baby who is blind,dumb and lacking intelligence. PLEASE HELP US. THANKS REGARDS. MAHMUD HASAN
Anonymous
26 September 2010 at 07:52
Can the Inquiry Officer who is about 71 years old, a retired High Court Judge, continue to hold the Inquiry at his private Law Office albeit the Law Office of his son on the ground floor of his residence when the charged officer makes continuously the request that the Inquiry proceedings be kindly conducted in the office premises of the Charged officer in accordance with the Central Vigilance Commission and DOP&T instructions?
The Charged Officer does not participate in Inquiry at the residence cum private Law Office and the Inquiry Officer holds the Inquiry ex parte on the day of the sickness of the charged officer about which he is informed.
The Inquiry officer closes the Presenting Officer's evidence admitting predated Affidavits of the witnesses who are before him on the same day in half an hour.
Can the charged officer have any defense in the matter of Inquiry at residence and ex parte held on the day of his sickness? Any Case Laws please?
T.V.Ramana Rao
25 September 2010 at 22:44
APPPE Federation, in which one of my friend is a member, won a case under equakl pay for equal work @ the hon'ble A.P.High Court. The Hon'ble supreme court found no infirmity in the above order. but the aggrieved party want's to go for a review. Whether the review petition is allowed? If allowed, how much time it may take to give a decision?
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Co worker's role
Dear Experts, what is the role of a co worker in a domestic enquiry? Whether he can be only an observer or can he actively take part in the enquiry, like cross examining the witness etc.,? Thank you.