Associate R
04 December 2008 at 11:12
An Advocate filed his Vakalatnama and defended the Applicants in Workmen's Compensation matter and the matter got dispose off subsequently. Now the Applicants wants to withdraw the compensation amount deposited by the Employer and for that purpose they have appointed 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. I will be obliged if any one provide me the relevant judgments related to the same and please guide in the matter.
Associate R
04 December 2008 at 11:11
An Advocate filed his Vakalatnama and defended the Applicants in Workmen's Compensation matter and the matter got dispose off subsequently. Now the Applicants wants to withdraw the compensation amount deposited by the Employer and for that purpose they have appointed 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. I will be obliged if any one provide me the relevant judgments related to the same and please guide in the matter.
Keshav Kumar Saxena
03 December 2008 at 18:53
Is it necessary to give Bonus to his employees if the unit is new one but Limited Company ?
Keshav Kumar Saxena
03 December 2008 at 18:47
What is the maximum period for a Limited Company to issue an Appointment Letter to his employee ?
priyavratha
02 December 2008 at 20:13
i a proprietor of firm dealing in sales and support of PC's, i used to hire taxi services regularly from one person, and the amount was paid once in two months or three months by cheque, i february i stopped his services and paid him after adjusting all dues to me by cheque and the same has been encashed, then after i started getting thereatning call on my phone for i registered a complaint with police and he was warned of consequences (a copy of NC is with me. Now he is filed a complaint to labour commissioner saying he was working with me and i have not paid for dec2007 to march 2008, a sum of Rs. 32000 is claim amount, as a proof he showing one alleged experience certificate issued on 1st jan 2007 for a period of 01 april 2003 to sept 2006, this actually i had signed in goodfaith to get him hdfc credit card, pls note it is not matching with my letter head, and i hae already replied saying i have not issued any certificate, pls advice in his original complaint he has mentioned that i paid by cheque after seeing my reply his advocate has file a reply that i paid by cash, can he change his original statement, can i take objection for advocatec presence. pls advice
Zia
30 November 2008 at 11:46
Please refer to the definition of "Appropriate Government " under CLR&A Act 1970.
Can any of the learned lawyer throw some light regrding who would be the "Appropriate Government" under CLR&A Act for Central Public Sector Undertakings, i.e Central govt. or state govt.References in this regard may be made to the Judgement of Hon'ble Supreme Court of India in SAIL and HAL cases.
It is pertinent to mention that in the State of Chhattisgarh, CG IR Act is applicable in palce of ID Act.
Raja
25 November 2008 at 14:42
I quit my Indian company of 22 months and have joined a new one out of India.
I had given my full notice period and have received my relieving letter too.
Now, I have the following due from the company:
1. Reimbursements --- partly paid
2. Salary upto last day --- partly paid
3. Bonus --- refusal to pay
4. Paid leave encashments --- refusal to pay
For 1&2 - The company does not respond when it is going to pay the remaining.
For 3&4 - Company policies are cited for not paying the same. The bonus and PLE were due in April'08 but till the time I resigned in Sep'08 the company delayed payments under vague reasons and now they say that to claim the same, you have to be an employee when it becomes due for payment! I have all documents where the payment schedule for bonus and PLE are clearly stated.
After repeated followups and escalations to the MD, I have received part payments for 1&2 but that is less than 40% of what they owe me.
Before filing a court case, can I put pressure on the company in any way? By informing concerned authorities etc?
jayanttelang
19 November 2008 at 22:38
Hi Harbhajansing Ji hello,
once again i would take your help,
my Domestic inquiry is going on for the last 8 months,still my co. is paying me only 50%of my salary,i requested to my inquiry officer for paying me 75%of my salary,
she asked me'under which section of labour/industrial law,subsistence allowance can be increased?'
it is surprising,because she is also a lawyer.looking industrial cases,any way.
can you please tell me about the section of law,my co.is indian Pharmaceutical co.based at Gujrat State,co's HRD is also at Ahmedabad Head Office,i am a Medical Representative based at M.P.
One more thing,co.does not have certified standing orders, regarding this matter i asked to my inquiry officer, she avoided my query,and told me that "standing Orders are not necessary for domestic inquiry" Is it true?
she told me something about new rules given by Supreme Court,is she telling a lie?
Kindly guide me,now what would i do.please reply me as early as possible,thanks
chitragya
19 November 2008 at 13:22
Dear Members,
I am working with a company where PF is not applicable and company has not applied even after 2 years of its operations. The company has its Corporate Office in New Delhi and they do not have any Factory. The manpower of this company is according to the PF applicablity is over and above 20 since starting it process.
The directors are not interested to introduce PF in the orgn. so Nobody has taken interest to introduce the same.
But I joined this organisation and observed that the PF should be applicable and anytime PF enforcement team can come and see our records. However, the company have employees whose salaries are more than the limit of PF.
May any members advise me how can I go about it.
The matter is urgent pls rush.......
Regards,
Chitragya
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NOC from earlier Advocate
An Advocate filed his Vakalatnama and defended the Applicants in Workmen's Compensation matter and the matter got dispose off subsequently. Now the Applicants wants to withdraw the compensation amount deposited by the Employer and for that purpose they have appointed 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. I will be obliged if any one provide me the relevant judgments related to the same and please guide in the matter.