Asha Pole
23 November 2009 at 10:54
Incase of private company,if the appointment letter given to an employee does not state the clause of bonus and gratuity, would the employer still be liable to pay and suppose if the employer refutes to make such payment in the absence of such clause.Will the company face any dire consequences from the legal aspect.
Suresh C Mishra
22 November 2009 at 22:34
In my case on PI of fairness of Enq. The workman appeared first and lead evidence but the employer says that Enq. Officer is not available for witness on PI , what will be effect if EO will not present ? whether employer can lead secondary evidence on PI > Please rePly with judgement on this issue
Anonymous
22 November 2009 at 22:21
Sir, Prilinary issue about fairness of enq. by employer who will lead first ? Judgement on this ?
Suresh C Mishra
22 November 2009 at 22:18
Sir, Prilinary issue about fairness of enq. by employer who will lead first ? Judgement on this ?
Anonymous
22 November 2009 at 20:02
we had taken workmen compensation from a insurance co. showing salary of Rs. 4000/- per month to each worker. But the actual salary now exceeds from this amount. Please advice me that in the cicumstances we may claim wc from insurance company because due to above mentioned differences they may refuse for claim
chayan
22 November 2009 at 18:23
A Government company has gone into Members voluntary winding up in 2001 in voluntary winding up mode and one of the Govt. official has been appointed as Liquidator to complete the liquidation process. At present company is in advanced stage of liquidation. I am working in this company on contract basis since then. Account of the Liquidator is yet to be submitted to the Hon'ble Court for appointing of Official Liquidator. My question is whether Liquidator is liable to pay PF and Gratuity to its employees who have served more than eight years on contractual terms.
Anonymous
21 November 2009 at 21:21
My uncle has paid some advance to a person to provide labour for his work. That person provided the labour but after working for 2 months they filed a case of bonded labour against my uncle. they were sent back to their home (somewhere in UP) by the govt. authority. actually they were not bonded. now they have the advance money. How can we recover our money.
dhiraj choudhary
20 November 2009 at 16:55
i hav 2 file a petition before c.a.t. against d order of termination of my client as 'mazdoor" from m.e.s.,who was on probation upto aug 2006 but thereafter no formal order of extension of his probation period was passed by d authorities.the services of my client was terminated on d ground that he has obtained a false character certificate from police regarding his conduct coz. a criminal case was pending against him at that n he didnt mention it n was terminated with out issuance of showcause notice or charge sheet n no regular inquiry was conducted n in d name of inquiry statement of my client was recoreded.now d question is that wheteher my is entitled 2 the protection of art.311(2) i.e opporunity of being heard coz my client was on probation n no formal order of his confirmation was issued n can d so called aforementioned inquiry tak d place of regular inquiry if not then suggestions alongwith latest case law if any.with thanks in advance
dhiraj choudahry
adv.
Anonymous
20 November 2009 at 16:19
Even though there is no outstanding dues to be recovered and no disciplinary proceedings is pending or contemplated against the retiree about 50% of Retirement Gratuity has been kept withheld by the Sanctioning
Authority for one year.Is it legal? What is the effect of Ex-Parte order obtained by a private unknown person for recovery of money alleged to be paid to the retiree as loan without any permission of the Employer?
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
RE; Priviledge leave
Dear Sir,
I am working with a Private sector Bank. As per service regulations applicable, the privilege leave are permitted to be accumulated upto 240 days. These leave are permitted to be encashed at the time of superannuation/ retirement. However, if an employee resigns the Bank do not encash the same. There is no specific provision in this regard about the refusal of encashment. The Service conditions further stipulates that at the time of resigantion three months notice or payment in lieu thereof is permitted- That is to say that liquidated damages on resignation is three months notice or payment in lieu thereof specifically provided. Thus refusal of priviledge leave is arbitary.
The Banks are also governed by partial provisions of Shop & Establishment Act.
My query is whether priviledge leave earned during course of employment can be forfieted by employer when liquidated damages are already provided for resignation. Secondly, which Act governs the leave rules in case of Private sector Bank, which is basically a Banking Company within the meanings of the Companies Act 1956 & The banking Regulation Act 1949.
An early reply is solicited.
Thanks & Regard.