SATISH KUMAR
23 February 2010 at 18:29
Sir, i need immediately SC rulings which overruled the case UNION OF INDIA Vs. MOHD. RAMZAN KHAN ,AIR 1991 SC 471.
Reetu Dwivedi
23 February 2010 at 16:21
Dear Sirs
Is there any requirements specified in the Act of Tanilnadu S& E and Mumbai S&E that the employer is required to make safe transportation arrangements for women employees working in night shifts in software Companies? If yes what is it and if not is threr any guideline or notification which I can refer.
S. Srinivasa Prasad
23 February 2010 at 14:37
Respected Seniors,
The issue was raised by me earlier, and i received inputs from you.
But, the management due to intervention of local leaders and Union has taken the worker back.
Now the worker has paid the Gratuity received by him to the company.
My question is - how to treat the amount of Gratuity received by the Company from the Worker.
What effect should i give in the accounting records and also the effect tobe gien in Gratyity records.
Please advise A.S.A.P.
Regards,
S. Srinivasa Prasad.
Member of the Club
Anonymous
23 February 2010 at 10:59
Hi, I'm working for an Listed IT Company. My CTC has a about 5% of Performance Incentive payable every quarter based on company results. I have received Apr09-Jun09 & Jul09-Sep09 quarter incentive. I resigned on Feb 11, 2010 and currently serving notice period. Mar 12, 2010 will be my last date with the company. Oct09-Dec09 incentive payout is due in Feb 2010 salary. Since i have resigned, Employer is denying me the incentive stating that, incentive is only for employees who continue working with them. Incentive is part of my salary and this is being denied. Can this is legally challenged. Kindly advice.
swati dey
22 February 2010 at 19:41
Is under Indian law Worker entitled to PF benefits?
Minal
22 February 2010 at 14:56
This is in continutaion to my earlier query....
----------------
i hav received a reply from the company mentioned below is that e mail
---from the recent employer.....
After our meeting with Spanco people, they have signed your forms and other documents except Affidavit which you have provided. You have mentioned the details of Sparsh in the Affidavit to claim the Spanco P.F. amount. We tried to convince the P.F.clerk without the affidavit but he insisted on the same. I suggest you to speak to Mr.Milind our representative who is deputed at Thane (Sparsh Unit). He shall provide you the Draft for Affidavit which he got from P.F.office. Once you provide the same, your form shall be submitted and we shall provide you the acknowledgement
-----------X----------------
pl note the format of affidavit is given by my current company i have added th content below pl check and advice if this format is okay and will not work against me
________________________
PROFORMA
AFFIDAVIT - CUM - IDEMNITY BOND
1, S/o, W/o, 0/0" -- _
Residing at _~-------------------------------
(Permanent address of Taluka _
District State solemnly-affirm and state an.oath"as
Under:
1) I state that have worked in MIs. _
Upto and holdingP.F. Account No. with
the Regional Provident Fund CDmmissioner, Mahar:ashtra.
2) I he"rebyundertake and indemnify, to Central So"ardof 'frustee, Employ.ees, Provident Fund Organisation
for any claim later if found false, for any loss incurred out of this transaction.
3) I declare that I have not withdrawn my P.F. accumulation I withdrawal benefit of FPF I EPS 95. till date.
This Affidavit-cum-indemnity bond has been executed by me and state that the facts mentioned herein
before are true and correct to the best of my acknowledge and beleif. .
DEPONENT
Solemnly affirm and signed before me
at this date of _
ADVOCATE BEFORE ME
(I Class Judicial Magistrate) I (Public Notary)
Anonymous
21 February 2010 at 19:55
A person was appointed on compassionate ground under dying in harness rules. But he failed in the training for the post on which he was appointed and was removed.
Is his removal legal and justified ? can he claim appointment to another post on compassionate ground?
avinash jos
21 February 2010 at 07:45
Mr. Z got recruited on 22.10.1980 as an Industrial Employee(IE) of Ordnanace Factories of India, central Govt employee, from 1980 to 1985 Mr. Z worked in the capacity of the Industrial Worker and then appeared for a Departmental test for LDC (Non Industrial Employee- NIE) in the year 1985 and the Results were declared in the year 1985 and the selection list was created in 1985, and Mr. Z started working on this role effective March 1991.
(a)During this period of 1985-1991 after such results were declared the appointments to the post of the LDC were kept on HOLD internally saying that there were no positions available for the same, However during the same period for similar post of LDC compassionate and open hiring at this specific factory location was made from outside as fresh recruitments. Does a suit lie?
(b) As on date the direct hires from outside during this period of 1985 till 1991 who have been hired after the declaration of the LDC result of internal candidates and whose promotions were on HOLD for want of positions, hence the direct hires currently are seniors to the internal hires on this position. Do a suit lie for seniority of internal candidates and also for the financila loss effected due to this hold of position for 7 years both 1985-1991 included.
avinash jos
21 February 2010 at 07:30
Mr. A on regular service of the ORNANACE FACTORIES of India, Central Govt employee, was suspended on 12th June 2006 and the suspension was revoked on 27th July 2006 i.e 45 days both dates included.
Punishment : When due the next three increments to be stopped with commulative effect
Question in Law: Increment happened in every year in the month of july,2006
(1) Mr. A was in the suspension period when the increment was due in 2006, therefore there have been no increments in 2006,2007,2008,2009
(2) Is Mr. A eigible for the 6 Central Pay Comission benefit which has the important clause " 6 pay comission benefit of one increment will be given if only regular employment from Jan-july of 2006, however here Mr. A was suspended from June 12th '2006 to July 27th'2006, is the suspension period amount to the service regarded as regular sservice.
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PF Applicability
Dear Professional colleagues
My client, a private limited company was an agency of a leading Pvt Sector Bank. The services offered to the Bank are recruiting & sending MRE's (Market Research Executives) to the Branches of the said Bank. The job of the MRE;s was basically in the nature in assiting the executives of the bank for opening various sort of banking accounts, like Savings Accounts, Current Accounts etc.
My client in fact was not having any control on these MRE's and attendance related formalities were taken care of by the Bank Branch personnel. No sort of attendance Register/ appointment letter are available, in fact not maintained
Depending upon the number of the accounts opened my client used to receive Commission from the said Bank. The MRE's also in turn were paid Commission by my client depending upon their performance.
While some of the MRE's lasted in the system for more than a year some stayed only for 5-6 days. Number of such MRE's varied in the system, in some months there were 15 MRE's and some months there were around 90 MRE;s
The payments were reflected in the books of account of my client under "Stipend & Incentives"
The PF Department wants to show these MRE's as regular employees and have filed a demand of Rs 41 Lakhs (3 years period) on my client.
In the meantime the client was duped by an Advocate who never bothered to prefer an appeal against the order u/s 7A of the EPF Act. Necessary period have elapsed a long ago. The client is now trying to file a writ petition before the Hon'ble Kolkata High Court.
The Financial condition of the client is very bad and he is further not in a position to appoint a very good lawyer.
Can any one please help me by way of providing some case judgements with the help of which the client might seek a relief from the Hon'ble Court.
Thank you