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ARUN KUMAR VERMA   08 August 2010 at 16:15

SEALED COVER PROMOTIONS AGAINST VIGILENCE/CRIMINAL CASE

MY BROTHER IS WORKING IN GOVT. INSURANCE CO. AS ASSISTANT MANAGER AT DELHI.HE WAS POSTED AT GHAZIABAD IN 1996 AS BRANCH MANAGER TILL 2001 WHEN HE WAS REMOVED FROM THE SAID POST DUE TO SOME VIGILENCE CASE IN 1998 ,WITHOUT ISSUING ANY CHARGE SHEET BY THE DEPT.AFTER THAT HIS MEAGER CASE WAS REFERRED TO CBI IN 2003.AFTER GIVING CASE TO CBI DEPT. ISSUED A CHARGESHEET FRAMING 03 INSURANCE RELATED CHARGES AGAINST HIM,A INTERNAL DEPARTMENAL INQUIRY WAS CONSTITUTED AGAINST HIM.AFTER THE INQUIRY WAS COMPLETED, AS NONE OF THE 03(FALSE)CHARGES WEERE PROVED AGAINST HIM.THE THEN GENERAL MANAGER RECOMMENDED FOR HIS EXONERATION TO CBI.
BUT UNFORTUNATELY,THE THEN Dy. MANAGER (DICPLINERY AUTHORITY) IMPOSED A PENALTY OF AN PERMANENT REDUCTION BY ONE INCREAMENT IN HIS PRESENT SALARY IN 2008.IT IS IRONIC & SURPRISSING THAT ON THE ONE HAND THE G.M. IS RECOMMENDING FOR EXONERATION & ON THE OTHER HAND Dy.G.M. IMPOSING A PENALTY.
SINCE THEN MY BROTHER HAS SUCCESSFULLY PASSED THE PROMOTIONAL EXAMS THRICE IN 2008, 09 & 2010 RESPECTIVELY AS HE IS SENIORMOST IN THE PRESENT CADRE BUT DUE TO CASE IN CBI. HE HAD NOT BEEN PROMOTED.
MY QUERIES ARE AS FOLLOWS:
01. CAN A PERSON'S CASE BE DIRECTLY HANDED OVER TO EXTERNAL AGENCIES WITHOUT ANY INTERNAL INQUIRY OR WITHOUT BEING ISSUED ANY CHARGESHEET?
02. CAN A PERSON BE PUNISHED FOR TWO TIMES FOR A SINGLE CRIME?
03. WHAT IS THE SEALED COVER PROCEDURE IN PRAOMOTIONS?
04. WILL MY BROTHER GET THE PROMOTION FROM BACK DATE IF EXONERATED BY HONOURABLE COURT?
I WILL BE HIGHLY OBLIZED TO ALL OF YOU, AS MY BROTHER IS AT THE SAME POST FOR THE LAST 16 YEARS WITHOUT COMMITIN G ANY CRIME.
THANK YOU……….PLEASE ADVICE.
ARUN

Anonymous   08 August 2010 at 11:02

Lower & higher limit of deduction of PF

What is the lower & higher limits of PF deductions to an employee?
Thanking in advance.

VIJAY K. TEOTIA   07 August 2010 at 09:08

Termination

A person designated Dy Manager and looking after marketing function of a liquor company. his services are terminated on account of non performance, without giving notice period. he remained appx 4.5 years with company. what remedy is available to employee. can he be deemed a workmen to get relief from labour court. or will it be a contractual dispute to claim all dues. can he get back job.
what protection is available to employer.

HARIHARAN KRISHNAMURTHY   06 August 2010 at 13:58

Labour and service related

Background :
The contract of employment has a clause which states that both the parties should serve a notice period of 30 days . It also states, that the employer has the option of sending the employee earlier by paying salary in lieu of notice.

Facts : The employee has given a notice to the employer by stating that he should be relieved " on or before" a particular date which is exactly 30 days from the resignation date.

The employer has however relieved him earlier by 8 days.

Can the employee claim the "salary in lieu of notice" clause and ask the employer to pay the same.

the critical thing is about the usage of the word " on or before " in the resignatino letter of the employee. Although the employee has used the word " on or before" he has mentioned the date which is exactly 30 days from the resignation date.

Can he claim the "salary in lieu of notice" benefit.

Are there any case laws supporting such a claim?

Thanks in advance,

Anonymous   06 August 2010 at 12:29

Marashtra Labour Welfare Fund Reply

My company established in November 2009 & we registered in Marashtra Labour Welfare fund in the Month of March 2010 Paid december Dues in March 2010 We receved letter from Bombay Welfare fund they wanted to produce following Details

Registration Licence Bombay shops & establishment act 2)

Certificate of incorporation 3) Muster Roll & Wages 4 ) Every June & December Payment Challn 5) Register of Unpaid Accumulation & fines

6) Record of Fine & Bones 03 -04 5 ) Record of Payment of Bonus & Fine

6) Balance Sheet along with schedule Trial Balance & General Ledger



We have just completed nine months we are not close 2009-10 Accounts & Trial Balance & balance Sheet & Also We are not maintan any muster Roll


Can please how to draft letter reply to marashtra Labour fune on the above matter & also give format of Drafting Letter & suggetion on above will be greatfull

Anonymous   05 August 2010 at 21:09

public money

IN A STATE GOVERNMENT OFFICE PUBLIC MONEY SPENDS IN DIRECT CASH TO LABOURERS, SUPPLIERS,CONTRACTORS ETC.AND MAINTAINS ACCOUNTS AND ALSO SUBMITS MONTHLY ACCOUNT TO CAG.
IN SUCH OFFICE CAN A SUBORDINATE OFFICER SEEK DOCUMENTS OF ACCOUNTS FOR VERIFICATION FROM HIS SUPERIOR OFFICER IN WRITTING?

THANKING YOU

raghavendra   05 August 2010 at 19:46

festivals and hollydays Act

sir,
can you give me chandigarh, tamilnadu, maharastra, harans,festival and hollydays Act

please attach

thank you in advance

Anonymous   05 August 2010 at 18:51

act governing matter of wrongful termination of services

under which act one can filed a claim of illegal termination of services with labour commission?

Anonymous   05 August 2010 at 12:41

Leave Encashment

Is leave encashment mandetory to be paid to the employee at the time of sepration by Law? information regarding this stated in which law, where can i find the details about the same. I need the actual leagal documents where i can see or read the details. As i need to submit this to my company and on the basis of that documents we need to plan our company policy for leave encashment. Small IT firm having less than 500 emp. based in maharashtra.

Please guide

HARIHARAN KRISHNAMURTHY   05 August 2010 at 08:52

Salary in lieu of notice

Background :
The contract of employment has a clause which states that both the parties should serve a notice period of 30 days . It also states, that the employer has the option of sending the employee earlier by paying salary in lieu of notice.

Facts : The employee has given a notice to the employer by stating that he should be relieved " on or before" a particular date which is exactly 30 days from the resignation date.

The employer has however relieved him earlier by 8 days.

Can the employee claim the "salary in lieu of notice" clause and ask the employer to pay the same.

the critical thing is about the usage of the word " on or before " in the resignatino letter of the employee. Although the employee has used the word " on or before" he has mentioned the date which is exactly 30 days from the resignation date.

Can he claim the "salary in lieu of notice" benefit.

Are there any case laws supporting such a claim?

Thanks in advance,