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Anonymous   22 March 2010 at 12:28

To SUE ex Employer for negligence&irresponsibility & SALARY

Hi Sirs,
I was working for a company in bangalore.
Pune based company (ABC) arranged interview(Two technical rounds) with bangalore wipro as ABC recruits and deputed to wipro.

ABC gave offer letter and forced me to join in a week but with relieving letter from (then)current employer.

Since ABC does not have office at bangalore,ABC instructed me that i should report my joining directly at wipro on 27'July2009.

But they issued deputation letter/Letter of undertaking on 29th July.With that i joined in wipro.
Then End of August 1,2009 they asked me to not to go to wipro till they intimate further and asked me to stay at home.

After few days ,ABC HR Manager called me that wipro is not satisfied with performance so they rejected my candidature.

When i questioned(how they measured my performance as no work was assigned in that 3 days & no one talked technical things), then Hr told they did not give Positive feed back(after interviews).

So i informed that i am ready to face further technical interviews if scheduled.HR requested he will try to arrange further interview with wipro.But they did not come back.

After 10 days(around 2nd week of August after repeated mails),one of ABC HR contacted me over phone and checked about my willingness to work in Pune.
But i have not agreed as i have family in bangalore.

Then after no communication from ABC though i have mailed them repeatedly.

In October i received terminated letter but dated 18 Sept,2009 thru email and gave salary for 3 days.

1.ABC issued offer letter without getting proper feedback from interviewer(wipro).Its their negligence. Forced me to resign and join by 27th July otherwise it will expire.So i got relieved on very much difficulty before 27th july.

2.They issued deputation letter by 29th July.(But they did not paid for 2 days(27 and 28 july).After 3 days in office, i
am out of office and no proper communication after that.

3.I am job less because of their(ABC) irresponsible act.

4.What ever, they should relieve/terminate me immediately.But send terminated letter in October with pre dated(Sept 18).
They mentioned that i am terminated w.e.f.August 1, 2009.
It is not fair i think.

i want to SUE them for the below issues.

1.Its their fault/irresponsibility to give offer letter without confirming by interviewers.
2.They delayed to terminate me.If they terminated me immediately at least i would start searching for new job.They spoiled
my career.

3.I am demanding salary at least till the date(Sprt 18) on which they issued termination letter though i received in October

Hope these are comes under cheating and negligence.
How can i sue or proceed.

Will legal notice serve my problem,This comes under labour act or civil act?
Any time bound is applied in this case?

Thanks,
YSR
Bangalore

Anonymous   21 March 2010 at 18:49

Compassionate Appointment

I am a Lawyer at Nagpur. I have filed One Writ Petition Before the Nagpur Bench of Bombay High Court Claiming the Compassionate Appointment for a Son of second wife of deceased who was Hindu by religion and his first wife gave no objection ofr such appointment. The Employer WCL is having rule for appointment on compassionate ground.
Recently I have read in News paper that Justice Markandey Katju and Justice R.M. Lodha has given a verdict that son of second wife is entitled for compassionate appointment when first wife is having no objection. I have searched for the judgement reported an unreported but I could not found it. Kindly help me to get the judgement and opinion on the case.

sanjeev saraswat   20 March 2010 at 21:26

167of m.v.act applicable in this case

a case in which
when a labour is died while he was on his duty of delevering gas cilender, traveling on a privare vechile hired by his employer i.e gas agency,
a pettition is file in m.a.c.t in which compensation is claim from vechile owner and insurance company of vehile and after 2 month a n another pettition filed in labour court in which compansation is claim from the employer and insurence company of employer.
both the pettition claimants are same but opp, respondence are different.
in first pettion respondence are 1. vehile owner 2. national insurance company
in 2nd in w.c.a respondence are 1.gas agency owner 2.orental insirance co.
insurance co. saying in labour court that only one pettition is maintainable, because of section 167 of m.v act
while i want to claim from both the parties
what will i do

Sanjeev Panda   20 March 2010 at 16:57

Section 17-B of Industrial Dispute Act

Workman approached the tribunal against the departmental enquiry. The Tribunal framed two issues
1. Whether the departmental enquiry was as per the Principal of Natural Justice and Fairplay
2. Relief

After completion of evidence and finally the Tribunal decided the First Issue in favour of Workman. Before the second issue decided the Company approached the High Court. After a gap of 8 years workman file an application u/S 17-B of ID Act before the High Court.

Now my question is whether is application u/s 17-B is maintainable in two aspects – Delay of 8 years (2) Whether Application under Section 17-B is maintainable, if award is not passed but one of the party approached higher court under Article 226 of Constitution of India

MS Moorthy   20 March 2010 at 16:19

Can LTA travel of family independant of employee?

Dear Expert,
Income tax exemption avilable to employees for LTA travel for any 2 travels in the block of 4 years. Please guide if family members could travel independant of employee & if so should the destination of travel be same.

Some companies are insisting for LTA claim that all memebers travel together ! If any family member left out his eligibility is lost. Is it justified.

Regards
MS Moorthy

Anonymous   20 March 2010 at 12:31

service bond

i am working at VVP engineering college rajkot gujrat. i was selected as assistant professor in sept 2003. as per condition of appointment order i have to complete phd in seven years otherwise my appointment will be autometically cancelled [as on 5/9/10]. institute alllowed me to do phd in normal university vacation only at ms university baroda and against that i had sign bond of five years and one lakh rs. i am not able to complete phd. our chairman has threatan me many times that they will terminate me if i do not complete phd as per appointment order. under this circumtances i found new job now.
as soon as they heard that i found new job they are showing my bond and may force me to stay five years after phd completed. i can not complete phd. i want to go out of this mental torture . what should i do? i have already given three month notice to institute.
i have signed bond on 5/10/05 . which has completed five years

Anonymous   20 March 2010 at 11:38

delay in settelment

company not issueing final settalement, company intensialy delaying the same after continualy feedback. HR point out towards HOD and HOD pointing out to HR.
waht is the solution of such kind of behaviar form high level managers.
suggest me the path by which i can get my settelment at the earliest.

Anonymous   20 March 2010 at 11:31

unfavorable working evironment

I doest want to work for completing my notice period becase of unfavorable working evironment (due to boss). wht are the options with me?

Anonymous   20 March 2010 at 11:23

Salary not given

one month salary not given by company,
whts is further step to take?
how to approch company head?

sanjeev saraswat   19 March 2010 at 19:56

m.a.c.t. and w.c.a claims can be file for accident

a case in which
when a labour is died while he was on his duty of delevering gas cilender, traveling on a privare vechile hired by his employer i.e gas agency,
a pettition is file in m.a.c.t in which compensation is claim from vechile owner and insurance company of vehile and after 2 month a n another pettition filed in labour court in which compansation is claim from the employer and insurence company of employer.
both the pettition claimants are same but opp, respondence are different.
in first pettion respondence are 1. vehile owner 2. national insurance company
in 2nd in w.c.a respondence are 1.gas agency owner 2.orental insirance co.
insurance co. saying in labour court that only one pettition is maintainable .
while i want to claim from both the parties
what will i do