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R. Muthukrishnan   18 March 2010 at 08:00

ID Act Clarification

1.Whether a conciliation officer under the ID Act can (i)entertain a complaint given by a worker under Section 25(T) of the I D Act 1947, after he is dismissed from service, for some unfair labour practice alleged to have been committed by his employer before his dismissal and(ii) give show cause notice to the employer if there is any prima facie evidence during the enquiry.
2.Whether the court can take cognizance of the offence u/s 25 U(Penalty for committing unfair labour practice), if a complaint is filed after one year from the date of offence alleged to have been committed.
3.What is the remedy for the worker if no trade union espouses his cause to raise an industrial dispute u/s 2(k)against the unfair labour practice

Anbu   17 March 2010 at 11:59

Accident

A car driver involved in own Rash and neglent accident. driver and car owner has died in the spot. the another one injured passenger file a petition against car driver. The investigation officer filing a first information report in he adimit his own neglent driving. The car is ownboard drived by the driver. The car owner is a doctor.

1. The deceased driver, how can he claim?
2. How he claim in Deputy commissioner of labour? or other wise how can claim MCOP?

Anonymous   17 March 2010 at 10:47

Labour law

I would be very much thankful if you could inform me exact longform & meaning of word MRTU & PULP ACT 1971.
Rgds,

Ganesh   17 March 2010 at 09:12

final settelment dispute.

Dear sir, kindly advice me on final settelment dispute.

As per company policy (appointment letter which I singed) employee have to work in notice period of one month OR pay salary of one month (pay inlieu).
Sir, I resigned on 1st Feb.2010, and worked up to 6th Feb.2010 (I will to complete my notice period), but company blocked my last month salary (i.e Jan.2010) in which I worked full month. On the dated 8th feb. I came to know company blocked my last month salary, after enquery I came to know that HOD (General manager) given instuction to account and HR department about should not doposite Jan. salary.
And on the date 08th Feb I refuse to work in notice period because without salary it is difficult for me to servive for 2-3 months [i.e Jan, Feb, March without salary (final settelment have to take 20-25days after completion of notice period means my tentative final settelement cheque going to issue on 20-25th March)].
I requested HR manager to compansate my pending leves (32days including PL,CL,SL) or deduct my salary for remaining days of notice period but till date company not given me final settelment.
Ans now HOD & HR saying that you are not handover your charges so we will not issue your final settelment cheque until charge handover. But sir in my resignation latter I clearly mention that “Let me know my replesment to handover charges” but up to 8th feb. HOD as well HR not given replacement,
So, please tell me in this situation what should I do and advice me for further step.

Thanks in advance

vinod bansal   16 March 2010 at 22:55

Application for recovery of arrears of wages

R/Members
My client was working with a agriculturist in his fields as a simple labourer ,later on my client was kicked out without paying his arrears now i has served a notice on his employer but he has not paid his arrears till today ,under which provision i can file a complaint in labour court ,as i have came to know labour act is not applicable in agricultral work,what i have to do, can i file a simple application before labour officer. Kindly advice. Thanx

Anonymous   16 March 2010 at 13:22

Provident fund and miscellaneous provision Act

Sir,
I worked for a company for more than 2 years.
and after resignation I have applied for my P.F. at P. F. Office. but found that my Employee no. is not correct, so I immediately communicate the management and asked them for disbursement of my P.F. In the mean time I got informed one of the employee of that since a long time company not made its contribution in the account.
my querry is that if I file a case before appropriate Court for my claim of P.F. then there is possibility of winding up procession of said company in stage of execution of said degree/judgement. it is pertinent to state that a explanation has already seek by the authority from the company in this regard.

Anonymous   15 March 2010 at 18:06

agricultural labourers

currently labour laws applicable to agricultural labourers..............

bedabati   15 March 2010 at 15:58

bond sign-JOB

Dear All

My husband had singh a bond for a company where he works last 1 and 4 months back it was a bond of 3 years, however reently he was unfit to attend the office and apply for a sick leave for 5 days but reply me bakc that thet dont require any medical report, they wants a person when organization requires and away mentioned that, better to find a govt job, in fact i am also working we do provide sick leave/PL/Cl to all the employees sick leave is unplanned leave we dont know that when we are going to fall sick,... further i dont want him to work in that atmosphere where employees were treated as a slaves of past before independence.... after he gone fit i want him to leave the job what do i do to save those moneys like pf contributions, blank cheques, Medical bonus etc which compnay allready deducted from his salary.. kindly suggest me in a very better way.

at bedalaimayum@gmail.com

Rajeshwar kumar   15 March 2010 at 14:57

ESI

I shall be grateful if the solution to the following problem is given-

An educational Institution based at Hyderabad ( Andhra Pradesh) is having Colleges in various State including Haryana. In its College at Haryana, there are 9 employees whose wages are less then Rs. 10,000/-. Whether they will be treated as covered under ESI in vieu of the fact that salary of other employees is released from Hyderabad . The haryana college has also employeed 60 employees under contract Act asd their PF & ESI is being regularly deducted and deposited in the Govt. Account.

The said 9 employees also get their salary from Hyderabad.

If the answer to the above question is then kindly intimate the procedure for obtaining Sub- code for covering the employees of Haryana College .

Rajnal

Anonymous   13 March 2010 at 20:28

SALARY,ESI,PF & OVERTIME RULE

DEAR SIR,

I HAVE SOME QUERY ABOUT THE LABOUR LAW RULES. PLEASE GIVE THE ANSWER.

1.CAN A COMPANY HIRED SR. LEVEL EMPLOYEES ON STIPEND BASIS.

2 CAN A COMPANY SAVE THE ESI,PF, OT AND OTHER BENEFIT BY SHOWING THE SALARY AS STIPEND.

3. CAN A COMPANY SHOW TOTAL SALARY AS BASIC AND DA FOR ESCAPE FROM THE ESI,PF LAW.

4. CAN A COMPANY TAKE THE SERVICE MORE THAN 8 X 6 =48 HRS IN A WEEK WITHOUT ANY OVERTIME.

5. CAN A COMPANY CHARGED FOR PROVIDING 3 TIME TEA DURING THE DAY AND BRUNCH AFTER 6 PM FROM STAFF AS CANTEEN CHARGES ON COMPULSORY BASIS.

6. IS IT COMPULSORY FOR A COMPANY TO PROVIDE THE MEDICAL FACILITY THOSE EMPLOYEES WHO IS NOT COVERED UNDER ESI.

7. CAN A COMPANY MAKE ANY RULE THAT IF THE EMPLOYEES GO BEFORE THE OFFICE TIMING THE FULL DAY SALARY WILL BE DEDUCTED.

8. IS THE SHOP & ESTABLISHMENT RULE CAN BE APPLICABLE IN A LTD. COMPANY.

9. CAN A COMPANY MAKE A RULE FOR HOLIDAY THAT THEY WILL GIVE ONLY 4 HOLIDAY IN A YEAR INSTEAD OF 10 HOLIDAY.


PLEASE CONFIRM IF ANY COMPANY IS DOING ABOVE AND IT IS VIOLATING THE LABOUR LAW THEN WHAT ACTION CAN BE TAKEN AGAINST A COMPANY. PLEASE IF POSSIBLE PROVIDE THE CASE REFERENCE ASLO.