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MAHESH   18 August 2018 at 22:18

Regarding dearness allowance

Hello,
For calculation of DA as percentage of basic, government has some procedure. I understand that dearness allowance is not mandatory for publicly listed company such as Reliance industries or Tata Motors, etc.
However, If the publicly listed company decides to pay DA, can it do calculations for DA on its own or it has to follow government guidelines?
Thanks!

Kirti Sagar Singh   16 August 2018 at 01:17

Full and final settlement was not done by employer.

Dear Sir/Madam,

I (Kirti Sagar Singh) S/O - Mr. Jitendra Narayan Singh, was working with Emkor Solution Limited (CIN - U74140DL2012PLC229812, Registered address - 511/2/1 RAJOKRI NEW DELHI DL 110038 IN, Corporate Address - 345-348, TOWER B SPAZE ITECH PARK, SECTOR 49 GURGAON 122018, latter shifted to - UNIT NO- 547,549 & 550, FIFTH FLOOR, TOWER B, SPAZE ITECH PARK, SECTOR 49, GURGAON 122018) E-code 1051 from March 20, 2013 to December 04, 2015.

Emkor Solutions Limited is holding my last three months’ salary (September, October, November, till 4th December 2015, and previously declared bonus. They have also deducted TDS on amount part of my agreement, and issued the salary slip. However, payment has not been made.

As per letter given by Employer, my Full and Final settlement should have been processed within 120 days from my last working days (December 04, 2015).

I tried to approach the employer (Emkor Solution Limited) including MD CEO - Mr. Vikram Dham (DIN – 05153494) through various mode in this regard. However, did not receive even a single revert. I am still waiting for My full and final statement and employer is not responding. The company has also closed their operation now, however active with ROC/MCA.

I also registered Grievances with the concerned authority. However, did not receive resolution.

Could you please guide me the way forward.

Thanks,
Kirti Sagar Singh

anisha   12 August 2018 at 07:59

Promotion and seniority after pay protection

Sir,
I have worked at igims autonomous institute from 2feb2012-31mar2014(2yrs) on direct recruitment,after which I got selected at aiims patna through direct recruitment (1apr till date ie more than 4 yrs) on the same post as staff nurse gr 2(first batch of nurses at aiims). At aiims my pay got protected and my past service is counted.
As my past past service is counted now I have a total of more than 6 yrs.
Sir my question is
1) In our recruitment rule promotion for my next level requires 3 yrs in 4600 gr pay, and as my past service is counted I am eligible for promotion.will my promotion be from back date?

KATHIRVEL S   10 August 2018 at 17:54

Labour cess on construction service recived

Dear expert, We are a manufacturing industry received service from A ltd for dismantling and erection service. The gross value of the invoice is 5700000 rs and charged IGST rs 1026000. The net value is 6726000. He has mentioned in the invoice is to deduct 1% amount ( 67260 ) under BOCW act. In this case i have some doubt, Please clarify it.
01. Is GST applicable on rs 67260 or its exempt from GST.?
02. Is we are ( manufacturing industry ) liable to deduct & remit the labour cess to govt.? if yes, we shall issue or maintain any forms.?

Tuhin   08 August 2018 at 13:59

Notarial Certificate

In LIC "Form of Application of dispense with Legal Evidence of Tite", Pont no. 8 given as - Give the full name, age and address of person of sound financial standing who is prepared to execute an Indemnity Bond jointly with the heirs of the deceased.

Pls explain what does it mean ?

mohan   05 August 2018 at 14:42

Reserve panel seniority

Seniority of all candidates of main list and reserve panel( waiting list) candidates will be as per marks secured in UPSC or seniority of reserve panel will be below of main list candidates??

Sita Mahalakshmi, T   03 August 2018 at 10:35

Sub: gratuity - claim - clarification - reque

Dear Sirs,

Your kind attention is invited to the above-cited subject.

I have been working as a Medical Officer in one NGO Hospital since 17/2/2014 to till date.

As per the Appointment Order issued, Notice Period has been mentioned as Two Months on either side. It may kindly be noted that there is no practice of mentioning Retirement age in the Appointment Order even for freshers. All staff, irrespective of the cadre are entitled for 09 days Earned leave and 21 days CL. Un-availed leave if any, shall be lapsed at the end of the year.Working hours will be 9:00 am – 5:30 pm, 6 days a week.

On 24/07/2018 the HR Dept, has verbally informed me that the Management has taken a decision to Superannuate/retire me in view of my advanced age (65 years) hence, my Resignation Date will be taken on record as 30/09/2018 and accordingly, the HR Dept has served a letter mentioning my last working day as 30/09/2018 and has taken my acceptance. Kindly note, till date, I was not insisted submission of Resignation for my position.

The total uninterrupted working period since my joining in the hospital is as follows [inclusive of Public Holidays, Sundays and Paid Leave]:-

17/02/2014 - 31/12/2014 . more than 240 days worked 1st Year
01/01/2015 - 31/12/2015 more than 240 days worked 2nd year
01/01/2016 - 31/12/2016 more than 240 days worked 3rd year
01/01/2017 - 31/12/2017 more than 240 days worked 4th year

Details of total working days in 2018 5th year

01/01/2018 - 30/09/2018 Jan 31 days
Feb 28 days
Mar 31 days
Apr 30 days
May 31 days
June 30 days
July 24 days = 205 days
Notice Period: 2 months.
01/08/2018 to 31/08/2018 31 days
01/09/2018 to 30/09/2018 30 days
Total no of days worked in 2018 = 266 days

Leave break up for 2018:

Casual Leave availed from 01/01/ to 01/08/2018) 06 days
Earned Leave 09 days (entitled)
Un-availed Casual leave at credit 15 days
Note: As per appointment order, no employee is eligible to avail Leave during Notice Period,if so, same will be treated as Loss of Pay.

On going through the whole of the exercise seems to be an effort to avoid Payment of Gratuity which I am eligible for.

In view of the circumstances as envisaged, it is urged that matter may kindly be looked into in its own perspective and look forward your invaluable advice for which act of kindness I shall ever grateful and thankful to you,

Best regards,

Very truly yours,

Sita.T

chirag patel   31 July 2018 at 14:21

Flow of cases in high court (gujarat)

Are there any rules for flow of cases in Gujarat High Court. My case was Ruled and Amitted in July 2017. Till date it has not come on the board for final hearing. On the other hand my collegue case which was filed in July 16 with ruled and admitted in Feb 2018 and comes on the board on every friday. Are there any rules to finish the cases. I searched that my case is of service matter and classifed under Track-II.

Anonymous   30 July 2018 at 07:25

Gratuity - clarification - reg

Sub: Gratuity - Eligibility Criteria - Clarification - Request - Reg.

Dear Sirs,

Your kind attention is invited to the above-cited subject.

I have been working as a Medical Officer in one NGO Hospital since 17/2/2014 to till date. As per the Appointment Order issued, Notice Period has been mentioned as Two Months on either side. In this hospital, there is no practice of Superannuation age even for freshers. All staff, irrespective of cadre, entitled for 09 days Earned leave and 21 days CL. Un-availed leave if any, shall be lapsed. Working hours: 9:00 am – 5:30 pm, 6 days a week. On 24/07/2018 the HR Dept, has verbally informed me that the Management has taken a decision to Superannuate/retire me in view of my advanced age (65 years) hence, my Resignation Date will be taken on record as 24/07/2018. (Kindly note, till date, neither No Letter of Resignation has been submitted by me nor the HR Dept has insisted submission of resignation).

The total uninterrupted working period is as follows [inclusive of Public Holidays, Sundays and Paid Leave]:-
17/02/ - 31/12/2014 . more than 240 days worked 1st Year
01/01/ - 31/12/2015 more than 240 days worked 2nd year
01/01/ - 31/12/2016 more than 240 days worked 3rd year
01/01/ - 31/12/2017 more than 240 days worked 4th year

Details of number
of working days in 2018 5th year
01/01/18 - 23/07/18 .
Jan 31 days
Feb 28 days
Mar 31 days
Apr 30 days
May 31 days
June 30 days
July 24 days = 205 days

Notice Period: 2 months.
24/07/2018 to 23/08/2018 31 days
24/08/2018 to 23/09/2018 31 days
Total no of days worked
in 2018 = 267 days
-----
Leave break up
Casual Leave availed :
(01/01/18 to 24/07/2018) 06 days
Earned Leave 09 days (entitled)
Un-availed CLs 15 days
Note: During Notice period, no employee is eligible to avail Leave, if so, same will be treated as Loss of Pay.

Subsequently, the HR Dept has come forward with an option of settling my account against payment of Notice Period Salary (two months 24/7/to 23/09/2018) and advised submission of resignation immediately. On going through the whole of the HR exercise, it seems to be an effort to avoid Gratuity which I am eligible for.

In view of the circumstances as envisaged, it is urged that matter may kindly be looked into in its own perspective and seek your invaluable advice for which act of kindness I shall ever grateful and thankful to you,

Best regards,

Very truly yours,

Sita.T

Anonymous   29 July 2018 at 11:59

Gratuity - clarification - reg

Sub: Gratuity - Eligibility Criteria - Clarification - Request - Reg.

Dear Sir,

Your kind attention is invited to the above-cited subject.

I have been working as a Medical Officer in one NGO Hospital since 17/2/2014 to till date. As per the Appointment Order issued, Notice Period has been mentioned as Two Months on either side. In this hospital, there is no practice of Superannuation age even for freshers. All staff, irrespective of cadre, entitled for 09 days Earned leave and 21 days CL. Un-availed leave if any, shall be lapsed. Working hours: 9:00 am – 5:30 pm, 6 days a week.

On 24/07/2018 the HR Dept, has verbally informed me that the Management has taken a decision to Superannuate/retire me in view of my advanced age (65 years) hence, my Resignation Date will be taken on record as 24/07/2018. (Kindly note, till date, neither No Letter of Resignation has been submitted by me nor the HR Dept has insisted submission of resignation). The total uninterrupted working period is as follows [inclusive of Public Holidays, Sundays and Paid Leave]:-

17/02/- 31/12/2014 . more than 240 days worked 1st Year
1/01/ - 31/12/2015 more than 240 days worked 2nd year
1/01/ - 31/12/2016 more than 240 days worked 3rd year
1/01/ - 31/12/2017 more than 240 days worked 4th year

Details of number of working days in 2018 5th year

1/01/18 - 23/07/18 . Jan 31 days
Feb 28 days
Mar 31 days
Apr 30 days
May 31 days
June 30 days
July 24 days = 205 days

Notice Period: 2 months.
24/07/2018 to 23/08/2018 31 days
24/08/2018 to 23/09/2018 31 days

Total working days worked in 2018 = 267 days

Leave break up Casual Leave availed : 06 days (1/1/18 to 24/7/2018)
1/1/2018 to 24/07/2018 Earned Leave 09 days (entitled)
Un-availed CLs 15 days

Note: During Notice period, no employee is eligible for availing Leave and same will be treated as Loss of Pay.

Subsequently, the HR Dept has come forward with an option of settling my account against payment of Notice Period Salary (two months 24/7/to 23/09/2018) and advised submission of resignation immediately. On going through the whole of the HR exercise, it seems to be an effort to avoid Gratuity which I am eligible for.

In view of the circumstances as envisaged, it is urged that matter may kindly be looked into in its own perspective and seek your invaluable advice for which act of kindness I shall ever grateful and thankful to you, Sir,

Best regards,

Very truly yours,
Sita.T