anuj
05 April 2010 at 14:19
I want to know the various registration required concerned with the labour and industrial dept./laws for a new company and the prescribed forms and documents required for each.
giriraj sharma
05 April 2010 at 11:03
CAT ORDER TO CONSIDER MY REPRESENTATON.MY DEPTT. REFUSE TO CONSIDER THE SAME(REVALUATION) .SAY NO RULING FOR REVALUATION.GIVE REFERENCE OF ANDHRA HIGH COURT ORDER IF NO RULING DEPTT. IS NOT BOUND TO REVALUATE.I AM HAVING SUFFICIENT PROOF THAT MY FEW ANSWERS ARE CORRECT WHICH ARE MADE INCORRECT. I AM HAVING PHOTO COPY OF ANSWER SHEET.EVEN MODEL ANSWER KEY IS WRONG PROVIDED BY DEPTT. ON NET.
Kumar Doab
04 April 2010 at 21:38
X is Sales Manager with a Private Life Insurance company, in India, since 3.3 Years. His services have been terminated by a letter of termination of service without assigning any reason.
Kindly answer following queries:
• His age is 44 years. His job profile was to canvass for business and recruit insurance agents. X had no administrative/ supervisory control over them.
• as per appointment letter X did not have any binding on the company. Do X fall under the category of Workman, and can X raise industrial dispute. Can X go to labor court? Are their any chances of reinstatement with full wages? Shall the culprits for termination be punished, and if so what punishment they can get.
• is there any court case in which Sales Manager of a Private Life Insurance Company has been declared a workman like Development Officer of LIC of India. Is Development Officer of LIC of India is a workman.
• X was given sales target. No one in the company, except 20 Sales Managers in the country was able to achieve annual targets. The company was not able to achieve its sales targets.
• Each Year in annual appraisal i.e. July06 to Dec06, Jan07 to Dec07, Jan08 to Dec08, X got the highest increment in the branch and one of the best in the region and country, corresponding to his sales and overall performance. However none of the Sales Manager or even the bosses including Branch Manager was able to achieve their annual target. From Jan08 to Oct08 sales target achievement of X was low, and so was for every one.
After 3.3 years of the service can the company terminate services on the basis of low performance? Can X win such a case if company declares in court that I was terminated on the basis of low performance?
• During Jan09 to Dec09 the company put many employees including X in Hr process termed as " Verbal Challenge" and gave extraordinary high sales target, which were not achieved by all who were put under this process. Then they including X were then put under another program termed "Capability Process" and were given even higher targets, which no one could achieve. Many of them were forced to resign. However no one was terminated in this program. This program was discontinued in July09 by the company, and another program was initiated termed as "post selection process". Many Sales Manager/ Asst. Sales Manager were included in this, and some of them were coerced to resign, and some were terminated. Name of X was not included in this program. Then this program was also discontinued and another program termed as "Performance Enhanced Program" was initiated, and name of X was included in this program, to start in Oct09, during which some training was also to be given. Before this the sales performance of X started improving. In the first week of Oct09 X had already achieved almost 1/4th target set for month of Oct09, and would have achieved the target of Oct09 and for the year Jan09 to Dec09. Each year major sale was achieved between Oct09 to Dec09. X had replied to all the emails that he shall be able to achieve the sales target of Jan09 to Dec09.
• All of a sudden before X could even attend this program his services were terminated, and company verbally told X that he is terminated because he was not able to achieve his extremely high sales target set for " Verbal Challenge" and "Capability Process" which had ended in July09.
• What is the legal remedy available to X. What legal recourse shall be taken?
Pradeep G Devi
03 April 2010 at 23:38
Previous days EPF was contributory. Employer and employee has to pay equal share. From 1986 pension scheme was introduced. Who is responsible to deduct the P.F amount and deposit it to the Govt? From which date the P.F.should be deducted by the employer from the date of appointment of the employee? If the employer does not observe the act and then what is the provision in the act? I have written the issue in brief and one can understand the same. May I gate proper guidance from the forum.
k.k.jandial
03 April 2010 at 20:09
Hello Sirs,
I am now retired from Govt. service on superannuation since 10/2oo8. During the yr. 2005, an embezellement was detected in which two officers and one Assistant(cashier) had been charge sheeted, relating to the period 4/2000to 3/2003& detected during 6/2005, I remained in the conc. office from 12/2003 to 7/2005 . I am one of the state witnesse and appeared as such before Enquiry officer, was examined by Presenting Officer & cross examined by defece assistant of one of the charged officer. This defence witness was declared not competent to appear as defece witness by the enquiry officer on being questioned by the charge sheeted cashier. Subsequent to this development I wrote twice to the Enquiry officer during 4/08,& 10/08 to declare my cross examination by the defence assistant of above Charge sheeted officer as illegal being null and void. But I have not received any orders from the Enquiry officer in this respect till todate. Now enquiry officer has been changed and a new enquiry officer has been appointed . Now I have come to know from the defence reply of the above charge sheeted officer obtained by me under RTI Act that, this officer is blaming me also for this embezellement. My querry is whether Ishould write to the new ENQUIRY OFFICER FFOR DELARING My above cross examination as nulland void and also point out that above charge sheeted offiver is side tracking the isses & misguiding the enquiry officcer. Pl. guide me urgently., besides others.
K.K.Jandial
Anonymous
03 April 2010 at 12:37
If there is a dispute with regards to legal heirs of a workman .Whether a decree obtained by way of settlement would be binding on the employer.
Dushyant Pandya
03 April 2010 at 10:04
Building & other construction workers welfare cess Act,1996
Under the Act what are the principle employers obligations/responsibilities?
Under the Act what are the contractors obligations/responsibilities?
Ganesh
02 April 2010 at 14:27
dear Experts
I resigned on 1st of Feb.10 but till date company didn't settel the final settalment.
Many a times i personnaly talk to HR and writen mail to HR,HOD and Director also, but till date they not reply my mail.
What to do ?
In legal way how much time period given to company for final settelement?
sugest me legal advice or way...
Thanks in advance.
Ganesh
02 April 2010 at 14:25
dear Experts
I resigned on 1st of Feb.10 but till date company didn't settel the final settalment.
Many a times i personnaly tolk to HR as whiten mail to HR,HOD and Director, but till date they not reply my mail.
What to do ?
In legel way how much time period given to company for final settelement?
sugest me legal advice or way...
Thanks in advance.
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