Jayant Giri
01 June 2010 at 16:35
I am a scientist working in ICAR a society registered under Societies Act, 1860 under the Department of Agricultural Research and Education, Ministry of Agriculture, Government of India.It enjoys autonomy to carry out its work as it feels in the interest of research and overall development of agriculture in India.It frames its rules or adopt those rules which it finds in its interest and rejects those not in its interest.I want to know whether due to its mutatis mutandis status can it violate the principle of natural justice? If no then how to fight this dictatorial tendency? Who in Nagpur city, Maharashtra is an expert in matters concerning government service coming up before the Nagpur bench of the Central Administrative Tribunal?
Jayant Giri
Ashvin Khambhata
01 June 2010 at 16:29
We have conducted an inquiry against workman who is protected workman .No matter is pendin against him .My industry
is covered under i.d act .pl advise from whom i should seek permission ? Pl give me relevant judgment
ASHVIN KHAMBHATA
radha
01 June 2010 at 09:36
A is Area Sales Manager(1st Line Manager) in a Pharma Company.His Zonal Manager(3rd Line Manager) pressured him to resign.A has been on medical leave due to slip disc and submitted a proper medical report from civil hopital.His Regional Manager(2nd Line Manager)stopped his field work by telegramme, and directed by a telephonic message to his team memeber not to send any periodicals to him.Company stopped the payment of his earned wages including salary and reimbursment of travel expenses.
A was later transferred from his place of posting( his Home town) to Delhi and A did not join at Delhi.A sent a legal notice to company against their decisions and stated Regional Manager(2nd Line Manager)is not authorised officer to stop his field work and to revoke his trasnfer and pay him his earned wages.
The matter is in the court.Company has challenged the jurisdiction of court as per appointment letter and aked to file thecase at their Head Office Location.
A needs the jugdments/rulings confirming that he can file the case from his home town where the cause of action took place.Kindly provide the same and give your valuable advice on the matter.
Anonymous
31 May 2010 at 17:15
under fy act 1948,if a worker joined his duty in the month of oct,last year.,can he avail his e.l.[cradited]this year,with out compleating 240 days
please clear.
c.s.sharma
Pramod
31 May 2010 at 13:22
Hi All,
I know the story is quite big to read but please help me out, I am so stressed.
The thing which is causing stress for me is that:-
1) I have signed a offer letter and agreement on 100Rs/-Stamp Paper for a NEW ORGANIZATION on date 16th Feb 2010 for a new job.
2) That agreement were stating something like "The agreement executed on date 16th March 2010 to 15th March 2011..." Means I have signed that one month earlier to date of joining because I were having one month notice period at my current company before reliving.
3)On 16th Feb 2010 I have resigned at my current work place, but they refused the resignation on 17th Feb 2010 because I were working on a important project.
4) So on 17th Feb. itself, I have sent a mail to the supposed new organization with stating that :-
"This is to formally notify you that I am not going to relieve on the predicted date by (CURRENT ORGANIZATION NAME). So I will not be able to join you by the date of 16th March 2010. So in the light of that, this mail is a prior intimation for cancellation of the agreement that I have signed with (NEW ORGANIZATION) and which will execute from date 16th March 2010.
Please accept this letter as my formal notice of cancellation of the agreement, effective immediately."
5)On Date 19th Feb 2010 I have sent them(New Organization) one gentle remainder with registered post with AD(I am having AD receipt for that registry which I sent to them) stating that:-
"This is to formally notify you that (CURRENT ORGANIZATION NAME) will not be reliving me and thus I will not be able to join (NEW ORGANIZATION NAME) by 16th March 2010. Please consider this as a prior intimation of cancellation of the agreement signed with (NEW ORGANIZATION NAME). You must be aware of the fact that the effective date of agreement (provided with offer letter) is valid from 16th March 2010, and this is a second gentle reminder from my side; clearly intimating at a very early stage about my inability to join (NEW ORGANIZATION NAME). You can refer to my previous mail also (on 18th Feb 2010) about it.
I am also sending you a hard copy of the e-mail which I sent you on 18th Feb for cancellation of the agreement with this notice."
6) They(NEW ORGANIZATION) remain silent up to 18th March and on 18th March 2010 I got a notice from their lawyer stating that you have knowingly broken the service agreement with us, so you are liable to pay penalty amount 50000/- with 24% interest. and should respond in 7day from the date of receiving that notice.
7) On date 22th March 2010 I have sent reply for their notice to the so called company and their lawyer.
8) After that they again remain silent for 2-months and on 29th May 2010 I got one speed post letter from the company itself, stating that you have not replied us properly, so on 2nd June 2010 they are going to put the case in front of liberator, so on 2nd June you(ME)/your(MY) lawyer should come to our(NEW ORGANIZATION) premises, otherwise in case of my absence they are going to file a case against me, for breaking a premature agreement.
This is the whole story, so please you expert guys guide me that what should I do now. This is fact that I am going to have a meet with them on 2nd June 2010, So please suggest me that what should I do/say there and what should not at meet. Because I am very new to any court case and having no guideline at all from my seniors also.
Also please suggest me that what else I can do to them, they have given me a lot of mental pressure, and now its my turn to do the same with some hard. Should I file a case against them, and if yes then where I should file it.
It is urgent for me because I have to go at their place alone, no one is with me to go there. So your suggestions are going to play a important role in this ridiculous fight.
Thanks in advance for any help.
Waiting for any prompt reply.
--
Pramod
Jayant
30 May 2010 at 15:00
Myself Jayant , i m civil engg and a lecturer in engg college , PLEASE solve my problem , as i told i m in teaching field in engg college , earlier i was only B.E in civil engg when i joined the engg college after that i have joined to do Masters in Engg for that my employer have asked me to sign an aggremet that i will be provided permission to do ME while doing work and also i will be given leave duirng my ME examinations but in place of that i have to provide 2 years service to the college after completion of my masters degree or if i leave the college i have to refund my 3 months salary , and during all these duration i will be given increments when ever there is change in the salary structure .
Also there is rule in the college that the provident fund will be duducted after confirmation of the employee that is after 2 years of joining . Now my date of joining is 11-11-2005 so my date of confirmation will be 11-11-2007 , and so my provident fund ( Rs780) would have started from the month of Dec 2007 or Jan 2008 , but my employer have started deducting the PF from the month of March 08 that means 3 months after completion of my confirmation period , but i have been told that my PF had sterted dudecting from my salary from the month of Nov 07 . Now please suggest whether the aggremet that has been signed is valid in this case . Earlier also i have been given an performance increment of Rs550/- ( 8000+550 ) in my basic , but when another increment has been given DA is revised then my basic has been reduced to Rs 8000/- my Rs550/- performance increment has been deducted . Please tell if in this condition whether there is validity of earlier signed aggrement .
While signing the aggrement it is written that the management has agreed to give permission to do M.E but i had taken admission before joining the college , that means i joined college on 11-11-2005 and admission date is 1 month earlier than joining date . pl tell whether this agreement is valid in all these conditions .
Jayant
Anonymous
29 May 2010 at 11:39
Dear Friends,
I am a Principal in Kendriya Vidyalaya.I chargesheeted a lady teacher for her misbehaviour and misconduct and in her reply dated 08.10.2009 to her chargesheet she first time made allegations on me for sexual harassment.She added two dates of sexual harassment as 9th and 14th Sept. 2009 first time in her FIR dated 23.10.2009.
In the reply dated 22.09.2009 to another memo dated 19.09.2009 she has not mentioned any sexual harassment.
This is only first time in the reply to the chargesheet dated 08.09.2009 that she mentioned about it and added two dates first time in her FIR dated 23.10.2009.
I was arrested and released on bail the same time on 21.04.2010 and chargesheeted on 07.05.2010.
1. What action the department (Kendriya Vidyalaya Sangathan) can take on the FIR, arrest and chargesheet under section 354?
2. The department conduxted two inquiries dated 22.09.2009 and 31.10.2009 and did not take any action nor they provided me the copy of the findings even on my request.
3. The Department conducted third inquiry after the arrest (matter remained the same) on 28.04.2010. Still no action.I find that since there was nothing found in the previous two inquiries and for having malafide intentions they conducted third inquiry.Any relief in any court for this?
4. My appointing and punishing Authority is the Commissioner KVS,HQ, New Delhi. Was it obligatory for the police to take permission (under sec. 197)for chargesheet and arrest (during my office working hours) which the police did not take.
5.Is the malafide intention here is a sufficient ground to go for quashing under Sec. 482?(Nothing like Sexual Harassment happened at all.
6. Her total lie has brought me and my family lot of insult.
7. The case has started in CJM Court and the date is 15.06.2010.
I need sincere help.
Principal
Kendriya Vidyalaya.
Rama mohan Acharya
29 May 2010 at 07:34
An employee died during his service(natural death). At the time of joining he was married and declared his wife as the nominee for gratuity but there is no nomination for PF.After death of the employee his wife has appklied for PF .
Can the employer (Because it has the PF TRUST) pay the amount of PF to his wife without any documentation of the nomination? If yes how and under what provision?
Anonymous
28 May 2010 at 15:10
Dear All
I have resigned from my previous comany with 6 days notice though the notice period is of 1 month. i refuse to work/complete my remaining notice period days beacause of non payment of previous month salary.
I have 24 Earning Leave(EL) which company is supposed to pay me.
But in my Full n Final Settlment
They have deducted full salary for 22 days & They are giving only basic agaisnt EL 22 DAYS
although i have concern regarding following
1. Either deduct notice period from EL & pay me balance days
Or
2. Deduct only basic against the notice period
please advice
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Labour Matter
Repected Experts,
Pl provide the order delivered by Delhi High Court in respect of Labour matter for Common Wealth Games?
Regards
Ashu Joshi