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Reetu Dwivedi   06 January 2010 at 17:11

ESIC

Hi All,

When to file ESIC returns of conrtibution.
It is monthly compliance or half yearly compliance.

Anonymous   06 January 2010 at 16:54

amending a provision to act retrospectively

The law provides for establishment of the Recruitment Secretariet which shall be composed among others five members who shall be amongst public servants appointed by the Minister. In violation of this provision, retired public servants are norminated instead. Can the law be amended to legalize this violation?

Capt J M Vaishnav   06 January 2010 at 16:15

Gratuity limit increase

What is the current status of the proposal to increase Gratuity payment limit from Rs. 3.5 lakhs to Rs. 10 lakhs?

Anonymous   06 January 2010 at 00:13

whether central govt employee is allowed to be bigamy

there is central govt employee. he is legally married person. during his marriage is in existence, he started living with another woman ignoring first wife. now querry is whether any central govt employee is allowed to be bigamy and in case if he is found to be so then what are penal actions as per their service rules. What legal actions can be taken against him to force his employer to suspend his job

Anonymous   05 January 2010 at 21:54

Salary dues

Dear Sir,

This issue is regarding the employment and salary outstanding dues.

I am working with one of the group companies in Pune, Maharashtra. Under the parent holding company there are various business verticals controlled and operated by other sister companies. I am working with one of the sister company and transferred from one company to other as per the group transfer policy with same employment terms and conditions. I have 7 months total outstanding from these various companies together as I was transferred leaving some dues behind. Company orally promised me to pay the same soon but that day never came. Now the current company on whose pay role I have been appointed continued paying me from the day of appointment but company and its management is silent about the past dues. I requested them several times and conveyed them about the financial situation and family troubles but I got nothing but the oral assurances that they are trying to pay the salary dues.

In October 2008, 60% of the employees were retrenched with two months salary outstanding, whereas that time I received transfer letter to shift to other working group company. I got transferred again on the role of current company 3 months back with regular payments on this role. Company again promised me clearance of the dues but without any commitment of any particular date.

Due to financial problems and consequent family troubles I requested them several times to clear dues which went unheard. So instead resigning from the company I informed the management that I am preceding on indefinite leave till I got some financial support from the outstanding dues of my salary, to which they refused to sanction.

I have doubt about the company’s intentions to pay the dues, as till October 2008 they have not paid the ex employees a single penny although they assured the same through various letters to those employees. More over Company concentrated on statutory compliances and statutory dues than employee dues. So this way I am also doubtful that they will abscond or they will skip the employee dues. There is only one company now which is working but not earning anything since its establishment since 2005. Company is defending the various tax issues, TDS and PF issues. Few more facts such as, some of the vendors have filed winding up petitions against our various group companies. And, company has no such assets to sell in its name as everything was on rent. One of the group company based in Dubai provided these companies with funds where the business of that Dubai based company is not known to us. No salary sleeps to any employee since a year.

The directors and management of all the companies is one and the same.

In this situation, please guide me on the following points:

1) What are rights of employee’s (ex/current employees) in case of winding up?
2) Are there any forums or institutions who can take cognizance of such companies which are just operative and loss making?
3) In this situation should I resign or should I continue the employment and proceed against them legally?
4) What are legal remedies for employees? And is there any time limitation for that?
5) Is there any good lawyer in Pune who can handle the issue as there are many employees who want to proceed legally?

Please guide me.

Sudhir Prajapati   04 January 2010 at 11:11

Gratuity and Arrears

Respected Sir,

I have worked for a company which is 100% owned by Government of Gujarat active in Financial services. Total i have worked for seven years in this company in differenct capacity as under from 06/01/2000 to 05/01/2007.

1- On contract basis for first six months and for next three times this contract has been renewed for further six months. So total two years on contract basis. Four contract for six months each. Each contract was for Officer cader.
2- After theses, I was made Dy. Manager and an appointment was made with condition that for first two years i will be on probation. After successful completion of my probation of two years i was absorebd in company as permanent employee in April-2004.
3- On 05/01/2007 i resigned from company to Join Dena Bank as Marketing Manager.

My company saying i am not eligible for gratuity as i have completed only three years in permanent capacity. While recently Supreme court has given judgement wherein even contract period is also included for giving benefit of gratuity.

Meanwhile, government recently gave 5th and 6th pay commission award to my company and for both the award the effective date was from restrospctive and on both the dates i was working as Dy. Manager. However, company has deny me arrears on ground that i was not on payroll of company while awards were given and as such i have resigned on my own for better prospectus of my career so i am not eligible for this.

Please give clarification on both the issue. If any one need more details please contact on 09427608333.

Thanking you

From
Sudhir Prajapati

Anonymous   02 January 2010 at 17:58

registration under building and other construction workers a

Hi all, i want to know about the procedure for registration under this act in Uttar pradesh and to whom the application is to be sent for this purpose

Dashrath   02 January 2010 at 13:41

law of agency?

Does BPO call centre fall under the law of agency?

Anonymous   02 January 2010 at 13:02

query

I am working in a public general insurance co. as a Dev. Officer & in our service conditions there is provision of conversion from development side to administration on medical grounds on the discretion of company’s CMD. I applied for the same but head office has refused stating that my ailments have no Merits.
I want to ask where I should go to file a writ whether in C. A. T or High court.
Where I can get better Judgment.

Prof.Ranganathan Aiyar   01 January 2010 at 17:43

release of increment/fixing notch

When does the increment fall due in case of an employee whose probation was extended for 'under performance' and subsequent declaration of probation?
Ranganathan