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Anonymous   29 May 2010 at 11:39

Sec. 354 IPC

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

NOMINATION IN PF

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

Full n Final Settlment

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

Anonymous   27 May 2010 at 23:09

biased adverse entries in acr

under what conditions adverse entries in acr are proved to be biased? Also under what conditions an enquiry on adverse entries will be called a biased?

Dr.Gaurang N. Gandhi   27 May 2010 at 07:18

Religious trust


Is Religious trust comes under the definition of Industry?


As per labour Law which Laws are applicable?

R P BANSAL   26 May 2010 at 20:40

Payment og Gratuity Act 1972

As per Section 4(1) of The Payment of Gratuity Act an Employee has to be in service for 5 years Continuous Service to become eligible for Gratuity.

The Section 2A. Definition of Contineous service " An employee is deemed to be conineous service for one year if in the said period of One year he worked for more than 240 days (section 2A.(2)(a)(ii))

Thus if an employee has completed fully 4 years and in the fifth year he has worked for 265 days , please advise as per above definition of Contineous Service for one year (more than 240 days in a period of one year)the employee has completed 5 years Contineous Service to become eligible for Gratuity.

Also please tell the employee has Worked for 4 years 265 days (4 years 9 months) and he was also paid 3 months salary in liew of 'Notice Period' for termination of service, thus total period becomes 4 years + 265 days + 90 days(Notice salary) weather he qualify to get Gratuity under Gratuity Act,

The case Relates with Employer Reliancr Communications Limited (Anil Dhirubhai Ambani Group) and my self who has Joined Reliance Communications on repeated persuations my Mukesh Ambani to join his Telecom Service by taking voluntary retirement from Senior Administrator Grade (Dy. Dir General or Jt. Sec. to Govt of India, Department of Telecom (DoT) Service, worked with them for 4 years 265 days, Anil took over from Mukesh the telecom service and terminated service of person like me in most inhuman ands unparliamentry and disrepctfull manner and even do not wish to pay the legally and legtimately entitled dues.

Kindly advise me,

Regards

R.P.Bansal

Anonymous   26 May 2010 at 18:43

GOVT LABOUR OFFICER EXAM PREPARATION

CAN ANYONE GUIDE ME HOW TO PREPARE FOR THE
GOVT LABOUR OFFICER EXAM.ANY BOOK WHICH I CAN PREFER & FROM WHERE IT WILL BE AVAILABLE

Anonymous   26 May 2010 at 09:58

salary , Esic, & PF Benefits.

Q. what is the condition for salary slip, Esic & Pf Benefits for a employees.

I am working in a Pvt.Ltd company and i am getting salary of 9,000 Rs. per month.
But i am not getting any of the Benefits like Salary slip, Esic and Pf Benefits also there is not deduction of Professional Tax.

and salary is given by cash and there is no voucher and proof is taken by the company.

I want to know what can be the reason for this that they can keep the employee on payroll without such valuable service.

Isn't is theft of Professional tax from govt. are Esic benefits.

what action can be taken against such employer.


Anonymous   25 May 2010 at 17:17

Compensation of heart attack suffered due to stress at work

Dear Sir/ Ma'am,

I am working with an MNC for the last 22 months. My work schedule was very hectic i.e. I was made to work even on holidays like saturday, few sundays, gazzetted holidays, apart from normal working days for a strech of more than 14 hours per day. Even after reaching home i was forced to answer work related calls. Due to all the stress etc I suffered a HEART ATTACK. Though my company paid for my treatment I still want to know if I can claim Compesation. I had given all the proofs to the concerned authourities which proves that I was being harrassed for long. Also i had given proofs of the illegal activities done by my superiors. But no action was taken. I am 30 years, kindly suggest future course of action for me & please make me aware of my rights. I have been the best performer through out at my work but financial recognition has been zero. my bosses have harressed me mentally, physically, emotionally & financially. I am married & have a 3 yrs daughter, but lost both my parents when I was 10 yrs old & I have no sibling. Kindly guide as per labour laws applicable.

Anonymous   24 May 2010 at 12:18

term employement

pl. guide me on term employement