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Arihant AC   19 December 2008 at 17:42

PF Cases in High Court as well as Supreme Court

Hi everybody,

I want Judgement of High Court & Supreme Court V/s. Sugar Factory under section 7A matter & 14B/7Q.

Its Urgent

Regards,
Nehal

Keshav Kumar Saxena   18 December 2008 at 18:43

Bonus to Employees in a New Unit

Dear Sir,

Kindly tell me whether a limited company newly incorporated as per company act 1956 and having more than 500 employees should provide bonus ?

Jaydeep Kurup   18 December 2008 at 14:03

Temporary Closure

A company wants to keep its factory closed due to scarcity of work. An agreement has been entered with the union for 50% wages.

Does this amount to lay off ?
Whether permision of labour inspector will be required (inspite of an agreement) ?

Kindly advise.

Kiran Waikar   18 December 2008 at 10:38

Withdrawl of Compensation on maturity (kept in FD)

In a compensation matter, the Hon'ble Court was pleased to pass orders granting compensation amount and kept it in Fixed Deposit in the name of minor child and the matter got disposed off in 2000. This matter was represented by an Advocate earlier. Now the F.D. got matured and the minor child has also become major and wants to withdraw the amount. For this purpose now the client has engaged another Advocate. Now the Hon'ble Court has rasied a query that the Applicants need to be identified by earlier Advocate & take his NOC. As far as my knowledge is concerned, when the matter got disposed off, the role of earlier Advocate ceases and there is no need to take NOC simply for withdrawal of amount on maturity of FD. I will be obliged if any one provide me the relevant judgments related to the same and please guide in the matter.

m.v.prabhakar   18 December 2008 at 10:06

issues on review DPC and subsequeent DPC results after ad-hoc promotion

Sir,

1.Can you pl. tell under what situation the review DPC is permitted along with CAT/HC/SC judgements.

2.Can a review DPC is possible when an applicant was considered as /deemed to be suspended on the date of original DPC which was revocked subsequently with retrospective effect (earlier to original DPC date). What remedy is available.

3.Sealed cover was opened after two years of DPC result and regular promotion was given with a rider that in the event the promotee punished under crimial proceedings the promotee will be reverted back.

My qurry is

If the candidate (refered in 2 above) is called and selected in the subsequrnt DPC for the next grade (result is kept in the sealed cover) can he be promoted with the similar terms.

Kindly give you expert advise supported with some case laws.

All the above three questions are relating to the same person.

Regards

CA Prabhakar

Aditya Mudgal   16 December 2008 at 20:08

Sales Promotion Employees and their status as workmen..

Dear Experts,

There is a slight confusion in my head with regard to salesmen who go out into the market to take orders from wholesalers and retailers in non-pharmaceutical sectors.. Since the May and Baker India Ltd. v. Their Workmen decision, sales promotion employees were held not to be workmen under the ID Act, 1947. Subsequently, the Sales Promotion Employees (conditions of service) Act, 1976 was enacted. Under the said Act, Section 6 (2), medical representatives were brought within the purview of the ID Act, 1947. However, the question as to the nature of non-medical sales promotion employees from industries not yet notified by the govt. under the Act remains. They are not 'workmen' under the ID Act since they do not come within the scope of manual, skilled, unskilled, technical, operational, clerical or supervisory work for hire or reward, and if they have performed any of such work then it is not part of their main avocation as sales representative... Kindly Reconcile..

Thanks a lot..


R P KANGANE   16 December 2008 at 10:43

Maharashtra Labour Welfare Fund

Hi :

Under the The Mumbai Labour Welfare Fund Act,1953 and others states Labour Welfare Fund Act, managers are not covered under the Act and no contribution is payable in respect of Supervisors drawing salary above Rs.3500/-.

Please clarify what is the interpretatin of supervisor and Manager. Mere designation can bar the eligibiilty or any other criteria is there. Also please clarify Rs.3500 salary means what whether it is basic, da or gross salary.

Please need your help.

jayanttelang   14 December 2008 at 22:48

case law i could'nt find

Dear sir,i could not find the details about following case law on www.judis.nic.in
kindly help me, which high courts/district courts have been decided these case laws or send me details about these case law-
1.Shantanu v Hindustan Antibiotics 2000(3)CLR 881
2.Dolphin Laboratories v Labour Court n2001(2)LLJ 559
3.Lupin Ltd v Suresh 2007(4)KLT 1092
please help me as early as possible.

jayanttelang   13 December 2008 at 21:13

Details about some citations

Dear sir,can u please provide me full details about following citations(case Laws)?
1.Shantanu v/s Hindustan antibiotics 2000 (3)CLR 881
2.Dolphin Laboratories v/s Labour Court 2001(2)LLJ 559
3.Lupin Ltd.v/s Suresh 2007(4)KLT 1092

Keshav Kumar Saxena   12 December 2008 at 18:36

Bonus Distribution

Dear Sir,

Please tell whether it is necessary to provide Bonus to his employees for a Limited Company as per company act while the company is a new incorporated unit and has not completed five years.