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Anonymous   16 June 2018 at 19:28

Accused for wrong absconder termination?

I worked in a IT company, bangalore,India for about 3 years. my notice period was 2 month, already i had 20 leaves. I resigned my duty on 6th april'18 and i requested management and hr to relieve me asap. thus initiated a mail thread with HR. On 11th May'18 (friday)HR agreed to release me next week i.e 14th may as such mail received by me stating clearly you can get release date on next week (no date mention). I fell sick and given them medical certificate for 14th may (monday) stating i am ill. therefore, i joined my new company as they have accepted my mail (medical leave)My salary was blocked from April month onwards ( which should be there as last month salary should be block for full and final statement)After few days on 23may'18 i received call notice & on 7th june i was terminated stating absconder .I was accused for wrong absconder termination.
I asked the question till date to HR to clarify the points:1)After accepting all formalities like, accepting ID cards and all relevant documents how an employee can be treated as absconder?
2)As nothing has been mentioned in any of the emails from your part that 18th May'18 is the date of relieving which was clearly written only next week.
I had well in advance given Them the resignation letter dated 6th april'18.
3)They have already deducted my salary for the notice period, that is for the month of April & May'18 & after that I was been served the letter of termination.
When I had submitted all the documents and subsequently been received by the authorities, then how come I may declared as an absconder? Till date no answer given. They clearly sated me i not serve notice period as my date for relieving was 18th May'18 and my attendance was 14th May'18.May i have right to log a case to them. Please suggest.

Anonymous   14 June 2018 at 20:11

Appointment and Confirmation letter not provided

Hi I'm writing for legal advise. I am a teacher in a private school in bangalore for the past three years and till this day I have not received appointment letter, Confirmation Letter and monthly payslips. I have only received my offer letter. I have resigned and serving my notice period. I have requested the school to provide the due Documents and the management is not responding. The management has deactivated my official school outlook account and unable too receive a reply too my request. Is there a law against this and if so what action should I take?

KA Singh   12 June 2018 at 21:17

Pay fixation of ex servicemen re employed in bank

DEAR SIR,
I AM AN EX SERVICEMEN, RETIRED FROM ARMED FORCES IN 2015 FTER COMPLETION OF INITIAL ENGAGEMENT. I JOIN BANK AS CLERICAL STAFF IN 2015 IN OBC CATEGORY AND THERE WAS NO RESERVATION FOR ESM. I APPLIED FOR FIXATION OF PAY IN LINE WITH THE LAST PAY DRAWN IN PREVIOUS SERVICE. INITIALLY THE HRM AFFIRM AND TOLD TO WAIT FOR SOME TIMES. BUT AT LAST THEY HAD DENIED STATING THAT I WAS NOT SELECTED IN RESERVED SEAT HENCE I SHOULD NOT GET THE PRIVILEDGE OF PAY FIXATION AS OTHER ESM STAFFS DOES. I TRIED TO EXPLAIN STATING I HAVE APPLIED IN ESM CATEGORY WHILE FILLING APPLICATION FORM AND AVAIL THE AGE RELAXATION TOO AND I AM AN EX SERVICEMEN BY DEFFINITION OF EX SERVICEMEN, SO I AM ELIGIBLE FOR THE PAY FIXATION. I EVEN TRIED TO EXPLAIN WITH AN EXAMPLE OF TWO ESMs JOINING THE SAME BANK, ONE IN RESERVED SEAT AND ANOTHER IN GENERAL CATEGORY (BY VIRTUE OF GETTING THE HIGHEST MARK AMONG GENERAL CANDIDATES): NOW WHO WILL BE ELIGIBLE FOR PAY PROTECTION!? THE ONE IN RESERVED SEAT OR THE MERITOUS CANDIDATE SELECTED IN GENERAL??. BUT ALL ARE STILL UN-ANSWERED.

SO KINDLY GUIDE ME IN THIS REGARD, THE DOPT GUIDELINES SAYS ESM WHO RE EMPLOYED IN BANKS IN WORKMEN CADRE, NOWHERE IT MENTIONED JOINED IN RESERVED OR UNRESERVED. KINDLY SUGGEST ME AND GIVE REFERNCE OF ANY SUCH COURT VERDICTS IF ANY.

THANKS YOU SIRs.

Harish   12 June 2018 at 13:14

Demanding for extra fund

I am being paying the repiar fund charges for the building but the chairman still ask for extra fund in cash.
Actually external wall of my window was plain (small area)and now it is done rough same as other external part of building,for which the chairman is asking for 2000 additional to wat i am already paying for repair fund.
Its been finalised by scty that each flat owner will pay 30000 for repairing building in 5 installments in addition with maintainance bill.
3 windows:
Area:6 feet � 0.33 feet.

Shakshi Singh   12 June 2018 at 12:02

Salary not released by employer

I am a fashion designer by profession. I joined this e-commerce start up by the name of "WOLFPACK LIFESTYLE PRIVATE LIMITED". I started working for them on 1st February but I never received the offer letter. Its an unorganized set up only made to harass and torture people. My salary was a meager 10,000 INR for handling customer service, sampling coordination and design development. I was forced to work full night and on Sundays too my boss used to call me all day and force me to work. I quit this company on 20th February. On requesting for salary settlement, they said that as per the offer letter I was supposed to serve a notice period of 30 days. My point is they never gave an offer letter, I never signed one. How can its clause apply to me? Also, Even if we keep aside the offer letter, I was still under probation right? Can they cut my salary during probation?

Anonymous   29 April 2018 at 01:29

Extention of notice period and confirmation of services

Hello, my appointment order states that Probationary period is six months and employee shall continue to be so until the confirmation is given in writing. Further, during probation, there is a notice period of one month if employee wish to separate from the company.

So, I have been working since 20 months and my services aren't confirmed yet. I have resigned a month back but my HR is asking me to serve three months notice as per new HR policies. When I tried to defend on month's notice, they are not agreeing and refusing to relieve me by putting an induction program sheet that was acknowledged by me. The sheet consists of a list of induction programs from various departments wherein "HR policy rules and regulations" is one of them and they are claiming that the HR policy consists of three months notice which I need to follow. They are also claiming that, my services are confirmed right after six months of my appointment although there is no information about confirmation verbally or in writing.

How do I move ahead? My company is no mood to listen to my requests as the client I'm working for doesn't want to leave me.

Arun Chattopadhyay   23 April 2018 at 23:29

Settlement of provident fund

Dear Sirs,

I worked as a manager with a textile manufacturer in Bangalore from November 2005 to May 2007, resigned and then started my own freelance career. I was a member of the EPF/FP and the employer was depositing my PF/FP contributions to the respective EPFO office in that area. Due to my own fault (call it procrastination), I did not claim my accumulated amount till 2015.

I did not have my PF account number. Therefore I submitted my claim forms duly filled in to my employer's office requesting them to provide the account number and forward the documents to the EPFO in June 2015. But the employer's HR department misplaced the papers. I again resubmitted a fresh application in September 2015. But came to know that the company was closed by then.

Since then I have been following up with them and as advised by their MD I again couriered a fresh application in December 2015 but did not receive any reply. I have been running from pillar to post but since all their staff had left, I tried to take help from a few of their ex HR staff who tried to help me but without success. I am a senior citizen living in Kolkata and I have nobody to turn to for help. Hence I have decided to visit Bangalore next week and contact the Area or Regional office of the PF commissioner for help. But I do not have my provident fund account with me.

Respected sirs, can you please advise me how can I get back my PF money? All I have are my appointment letter and approx. date of leaving the service. Shall be grateful to know the procedure. Looking forward to your kind response,

With regards,
Arun Pratap Chattopadhyay

Member (Account Deleted)   21 April 2018 at 16:12

Obc non creamy layer

Me my brother and my parents runs a retail store and annual income is around 8 lakh from which around 2 to 4 lakh they give to us as we also work . please explain how i should calculate income for obc

Anonymous   30 March 2018 at 23:55

Regarding not serving notice period

Dear@,

I have asked for transfer on 11th March and till now no management response is there and within a week my supervisor has gone for conspiracy against me which led me to demotivation and within couple of weeks i got an offer from another company asking to join on 1st April and I dont want to serve notice period and I just want to leave this company with credit of my salary.Can this be a good reason as per legal to leave the job without serving the notice period.Asking for Transfer and till date no response can it be a solid reason to avoid legal actions from the company?

Anonymous   30 March 2018 at 17:26

Third writ petition maintainable or not

First Writ petition had filed against Person X and accepted a direction to the chief secretary to address the grievance in my representation and dispose of. In action, I filed contempt but government informed before the court that Person X already removed from the post for administrative reasons and representation become infructuous and hence contempt closed.

But in reality no change, Person X continued in same post. So I filed Second petition and got dismissed with cost due to res judicata. Review application is filed because res judicata not applicable since no decision on merits either by Government or Court in earlier. Review only numbered but not listed for hearing till date because bench not sit yet.

Shall I file Third Writ petition to direct the chief secretary to dispose of my representation while review is pending since my representation is not considered till date ? Otherwise any other remedy available