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Rama mohan Acharya   16 January 2010 at 15:48

Judgement required

Can any body help me by provoding a copy of the judgement in SLP 15345/1987 in the matter of North East railway employees federation, Gorakhpur wherein it was held that if any tenure is fixed in constitution for conducting of Executive committee elections then the old Executive Committee becomes defunct on expiry of that period and is not competant to carryout the work of the union.

Anonymous   16 January 2010 at 00:21

Salary hold after resignation - Legal aids!!

Sir,

I have resigned on 09.12.09 w.e.f. 07.01.10 after serving 6+ years in a company. Therefore I have given almost 1 month notice, as mentioned in my appointment letter. Now, Company has hold my Salary & other reimbursements, stating that all will come along with the Full & Final Settlement. All other employees has got their salaries. My question is :

1. Whether company can hold the notice period salary?? if yes, then how long?? and what about the salary from 01.12.09 to 08.12.09(Salary before notice period)?? isn't it suppose to pay along with all the others salary in the next month?? Please respond giving the reference of the concern Sections of the Law.

2. How long a company can take time to give the full and final settlement even after the notice period is over? Please respond giving the reference of the concern Sections of the Law.

3. If they are not giving the full and final settlement in time, where i will have to proceed further (out of the company) for get the F&F immediately

Please respond giving the reference of the concern Sections of the Law.

Best Regards
BKT

Suresh C Mishra   15 January 2010 at 21:29

recovery of labour dues as an arrears of land revenue

The PW authority has forwarded recovery certificate in an ex parte order under this Act, restoration moved and it was allowed and recovery order was taken back , in such facts whether the Recovery authority can recover the recovery charges @ of 10% in UP? if yes what is the law ?

Anonymous   15 January 2010 at 13:11

unpaid salary

dear all

i joine a co. 6 month back.after serving three months co. dont want my services.after giving my two months salary co.pay me 2 months salary and asked not to come orally. i want my 1 month salary+ relieving letter.co. denied that on the groun that appointment letter has provision that co. has right to terminate the employee without giving notce and forfiet the salary.i was on provation.guide me what should i do.

SUDARSHAN   15 January 2010 at 12:28

Relaxation of Duty Timing

Employee's duty timing is 9.00 am. in morning. One employee usually come around 9.05 - 9.15 am.
Is there any relaxation given to employee by statut on duty timing ? If any yes plz let me know the section and subsection under law.
Plz reply.

Anonymous   15 January 2010 at 10:35

EPF Damages

Sir, we are the trusty of one Non Granted english School. We were not deducted the epf amount from the salary of our employee. So EPF Commissioner issued a order to pay these dues & also paid the damages 100%.Let me know that, the damages are compulsory or it can be waived by the commissioner? thanks

Reshma K   14 January 2010 at 23:51

Labour

I am confused with the definition of Workman. It seems most of the labour laws deal with Workman. Can you pls help me with a simple yet comphrehensive definiton of WORKMAN. Does the IDA, ESI, WCA, EPF, Factories Act, MWA apply only to WORKMAN. What about bank employees, teachers, government servants, private sector employees (software, consultancy, etc). Does any of this apply to them. Pls provide some comprehensive answer

Reshma K   14 January 2010 at 23:47

Jurisdiction

I am confused as to which cases come before labour court and which before industrial tribunal. Can you pls explain the difference between labour court and industrial tribunal.



Also in the case of dispute of a software employee regarding dismissal, retrenchment, which court does he approach, since the industrial disputes act deals with Workman and the software employee is not a workman. Can you pls provide some comprehensive details on this.

Anonymous   14 January 2010 at 14:55

Labour Welfare Fund

What is the the criteria for the employees to be covered under the Maharashtra & Tamil Nadu Labour Welfare Act, 1972? If PrincipalEmployer hire employees through contractors is it his (PE)liability to pay the contribution amount or Contractors is required to do so.

Anonymous   13 January 2010 at 14:03

run private security

want to run private security .where can i get the licence and how to obtain . what are the requirements and the formalities