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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

Anonymous   01 January 2010 at 17:40

Employer and Employee dispute in a public Ltd co.

In case of any disputes between an employer and employee in a ( public ltd company) under what category of law will they come under, As this is a company do they come under Industrial dispute Act ? What are minimum working hours in a public ltd company ? Please let me know the laws for above issues.

Thanks in advance.

Indrajeet   31 December 2009 at 11:29

Bond Signing

Dear All,

Is signing up of bond for employment legal?

Dr.Gaurang N. Gandhi   31 December 2009 at 07:45

ESIC

Hi

on of my client is intimated by ESIC to pay arrears of interest amount of ESI for the period 2001-02.

the history is that ...

My client was not came in the provision of ESIC. As they have expanded business ESIC was affected unfortunately they were unaware regarding that.

As a notice issued by the said corporation after 3 years my client fully paid the noticed amount of ESI.

and till today they are regularly paying the contribution without fail.

now the problem is that the corporation had issued notice to pay interest @18% on the amount which they had paid late.

should the party pay that what they claimed?

Is the corporation has right to issue such notice??????


If they refuse to pay what are the provisions for punishment?

pl reply as soon as possible.

manish bhardwaj   30 December 2009 at 10:59

salary not clear by company

DEAR SIR,

I WAS WORKING IN MY PREVIOUS COMPANY AS A ACCOUNTANT.COMPANY IS LTD AND SITUATED IN DELHI. I HAVE NOT RECD MY 4 MONTH SALARY.MY MONTHLY SALARY WAS 15000/- NOW I WANT TO SUE THE COMPANY REGARD THIS I WANT TO KNOW IN WHICH COURT I CAN FILE SUIT AGAINST THE COMPANY.WHEATHER IN LABOUR COURT / CIVIL/ CRIMINAL.IN WHICH CATEGORY I WILL COME.WHAT ACTION I CAN TAKE AGAINST THIS LTD COMPANY FOR GETTING MY PENDING SALARY.

THANKS & REGARDS
MANISH BHARDWAJ
9210994825

manish bhardwaj   30 December 2009 at 10:40

salary not given by employer

manish bhardwaj says : DEAR SIR, MYSELF MANISH BHARDWAJ. I AM STAYING IN GHAZIABAD.I HAVE WORKED WITH SCHIFFLIES INDIA LTD AS A ACCOUNTANT FROM NOV-08 TO APRIL-09.DURING THIS PERIOD I HAD RECD ONLY ONE MONTH SALARY.NOW I HAVE REGINE THE COMPANY DUE TO NON RECEIPT OF MY SALARY.COMPANY HEAD OFFICE IS IN KALKA JI, DELHI. I HAVE MAKE LOTS OF CALL TO HIS DIRECTOR BUT HE DOES NOT RESPOND MY PHONE. NOW I WANT TO GET MY SALARY BY LEGAL PROCEEDING. MY TOTAL SALARY AROUND 75000/- PENDING FOR LAST ONE YEAR AROUND.I WANT TO REQUEST U THAT WHAT LEGAL REMIDEY I CAN GET. AND WHAT IS THE PROCEDURE FOR GET THAT.AND WHAT IS JURIDCTION AREA TO FILE A CASE AGAINST THIS LTD COMPANY. I HAVE APPOINTMENT LETTER.HOW MUCH AMOUNT I WOULD SPENT FOR THIS CASE AND APPROX HOW MUCH TIME IT WILL TAKE FOR GETTING MY SALARY. YOUR ADVICE IS REALLY NEED FOR ME. THANKS & REGARDS MANISH BHARDWAJ