Anonymous
02 August 2010 at 12:30
It would be appreciated to forward experts Answer to the following questions.
1) Whether the Vice-President of a Trade Union, in Reference matter under ID Act before the Labour Court at Mumbai, filing Statement of Clim on behalf of the member workman, legally valid?
2) The Claimant, vice-president produces letter of authority signed by the President of the outside Trade Union to represent as vice-president for and on behalf of the Member-Workman, whether legally valid?.
3) Since the vice-president is the signatory to the Statement of Claim filed before the Labour Court, whether he can be examined to vouch the contents?
Anonymous
01 August 2010 at 20:01
A is in the service with a Private Limited Company, over the past 15 years. The Company's higher up issued a letter stating that A hs acquired wealth/property which is disproportionate to your income considering the A's Cost to Company of Rs. 10 lacs per annum.
Considering the fact that you are full time employee of the organization are required to devote full time and energy in rendering services to the Company, your ct of amassing huge property and the disproportionate amounts rises serious doubts about your integrity and need proper explanation.
Moreover, there are serious allegations aginst you that you hve amassed this wealth through illegal / improper means by cheating the Company fraudulent manner.
Under the circumstances, we would advise you to submit the following:
1) Copy of the Income Tax returns / Form 16 for the 6 years and explanation in writing as to what re sources of income through which you have acquired this disproportionate property / wealth.
2) Pass books of all your bank Accounts showing entries for the last 3 years for our verification.
Sd/-
The question is to all experts, with a request to answer the following queries.
1. Whether the employer can contemplate to initiate legal proceedings, on the surmises under Criminal/Civil/Service laws?
2. Is it not proper for the employer to specify based on which he has come to the conclusion of cheating, fraudulent, illegal / improper manner possessing amassing wealth and property?
3. How can he the employer demand A's documents to use against 'A'?
As far as A is concerned he is honest, hard working. A is at painful stage inspite of his honesty the employer is now questioning his integrity/loyalty towards the organiztion. The allegations are far from reality. With regards to the allegations A is in a stout position deny.
4. Can A put the employer to the strict proof to the above contents?
5. What is the legal position and its remedy?
Experts answers are eagerly solicited.
prashant1314
01 August 2010 at 16:11
Hi,
I have a friend who only finished his 12th. He used to work as office boy but got involved in a cheating case. Although he is not guilty, he got framed by some people & because of poverty, he could not fight & win the legal case. He got convicted for 2 years normal imprisonment. He completed his sentence & is now free. He is trying to find a job. But everyone who knows him are reluctant to give him a job.
Is there any legal policy which prevents convicts from getting job? Would appreciate any help regarding this issue.
Abhishek
31 July 2010 at 19:01
I belong to schedule caste and my wife was OBC, so after marriage what will be caste of my wife in case when she is applying for goverment job.Please give appropriate answer.
Anonymous
31 July 2010 at 17:27
Dear All
I want an opinion that in a service bond which is for 5 years it is mentioned that you will serve the compny for five years and in case of leaving the organisation before that period you will be liable to pay 3 months gross salary calculated at the rate of salary drawn during the last month.
The bais facts are Probation period is six month, (Service Bond period is calculated frm the date of joining)
1.Agreement is silent for the any notice period provided by the company to employee.
2.Its purely in favour of the company and nothing is mentioned about the future prospects and any other liability towards company
3.Company besides PF also deducting supperannuation,security,part of the bonus from salary.
4, In service bond there is also a clause of liquidated damage which says that in case of disclosure of classified inforation and proprietory information the employee shall be liable to pay fine rs.40,000/ for every such violation.
My Questions are:
Whether one sided service bond where no training is provided by the company to employee is valid?
In case of leaving the organisation by the employee can company recover three month gross salary and if yes then what would be the calculation if any employee before giving notice takes leave and draw a salary total 10000 instead of gross 50000 and only thereafter gives notice to employer for immediate leaving . What would be consequences?
In case of resignation can they file any criminal complaint for absconding b'cz they will never give any receiving of resignation and also any receiving for submitting papers.
Kindly guide how he can leave the organisation and also save money and what should he do for leaving?
CS Harsad Seta
30 July 2010 at 12:29
I am working in steel company. since 4 years. My company deduct PF every month from my salary account and now I want to know how much amount deposited in PF account. If I left company how I do get my PF amount.Is there any formalities to be observed?
CS Harsad Seta
9830726779
Anonymous
30 July 2010 at 09:04
Dear Sir,
one of my friends working in garment co. That Garment co owner always giving problems to their senior employees, he harrassing mentally & physically, Because of this my friend left the co without informing. So that company owner now not ready to give his settelement & bonus. he always using rubbish words. What steps we have to take to get the settlement & bonus.
Can u help me sir,
Anand
30 July 2010 at 07:48
I have 6 months to retirement in BSNL, this case is about Dispute of Community, I have given a writ petition 2 yrs before (7/7/08) in high court for promoting and fixation of pay. Now they are ready to go to appeal, is there any limitation of time period for appealing the above writ petition ordered by high court!
venky
29 July 2010 at 13:08
Dear Respected Sir
I was as driver in one of the MNC co for couple of years they said they will make permanent later as days gone they said to leave the organisation without any information when asked why they said your in contract basis so we no need to tell all the reason, fine i just want to know in which contract basis i was and even i filed case against the co, then in court itself they said he is contract so we cant make permanent...... i just want to know which contract basis i was,, and what can i do further how to proceed is there any chance of getting any compensation from the company please suggest me what should i do further
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Fine & Deduction
I have a question related to fins & deduction. I working as P&A in a security firm. Some times our guards made mistake like : run form post without any application & information to his superior. Some times misbehaved by them. When my managment going to put some plenlty on them our client stop this.
So my question is that " Is client has power to intrupt within orgazation rule and proccedure" Because it is total loss of main employer. But during compliance client , whetever be fine or deduction must be ask by them.