Susmita
08 April 2018 at 09:53
hello experts.
respected expert, i am stuck in a matter and i need your valuable advise to proceed further. my client was an employee of known company in Delhi. he worked from 2001 to 2011 and thereafter in 2011 transferred to foreign branch of that company under the term of continuous service. He was illegally terminated in 2015, for which he claimed Gratuity in foreign court for the period of 2011-2015 and got the gratuity/illegal termination payment etc. for that period.
we filed a case for gratuity here for the period of 2001 to 2011 period on the last drawn salary i.e. 4Lakh. But company saying they are ready to pay gratuity on the basis of indian last drawn salary as all liability transferred to foreign branch so they are not entitled for last drawn. Whether The company is liable for last drawn salary as per India or Foreign company?
Another query is regarding Bonus.
They were mentioned to pay Bonus in Indian appointment letter but not in foreign branch? Do i claim for Bonus under Indian Branch Company?If yes, where to claim for Bonus?
P.F also not paid by The employer too.
Binod Kr.
08 April 2018 at 00:13
Is there any provision of paying extra money to a government employee for working in public holidays or overtime? If yes, under which rule?
Anonymous
07 April 2018 at 00:41
Hi,
I stay in pune & I am 5months pregnant now, and the delivery date is on 07-Sept. I was about to apply maternity leave from 01-July so that I can travel to my hometown in Delhi, I have been working an Org since June-2017, 2months back when I told my HR and my manager that I am pregenent they had no issues but as I was nearing to start my Maternity leave they have put in Performance Improvement plan for 1month , and as said by them (HR & Manager) if failed to meet there expectation they MIGHT HAVE TO TAKE SOME ACTION, which clearly indicates that I will be asked to leave the Org.
I am not sure what should I do in this case, I am already feeling very depressed!!
Anonymous
06 April 2018 at 23:49
My dad Mr. D. Chandrasekaran passed on October 2009 and he was working as a O.A in Tamilnadu Housing Board - Mudurai branch.
I have applied to get his job under Compassionate Grounds in TNHB @ December 2009. Till date i haven't get any appointment order in this Housing board department. For the past 9 years I am keep on walking to this head office and writing may pettison's. But they replied back to me as "your application is in process but we didn't have have any opening wright now . will let you know when we have opening".
But TNHB announced "Direct Recruitment 2017" for 300 vacancies and they conduct the exam and going to issue appointment order for those cleared in the Direct Recruitment. However I didn't get any order in Compassionate Grounds - since i am waiting for more than 9 years.
Please suggest me how to get my dad's job whether can we file a case against this "Direct Recruitment 2017" appointments ? Whether can I get my dad's job under Compassionate Grounds in Tamilnadu Housing Board.
B S Parswal
06 April 2018 at 12:50
I am an ICAR employee presently on deputation. I am on 3 years deputation and completed 2 years. Now I a want to apply for another deputation in another department. Can I do this and can my application may be forwarded by my parent office or not. What is the rule position. Please Guide urgently, as last date for applying is reaching shortly.
Regards
bsparswal@yahoo.com
9013347623
Ankur
05 April 2018 at 22:44
First of all, I beg apology for this long post.
I am working as Engineer in Government Public Sector Company under Department of Heavy Industries. After getting married, I had been transferred to other state (branch office of company) on personal request as my wife is working in that State Government on humanitarian ground. I had been assigned enormous responsibilities and I carried out the same successfully. However, unfortunately, due to personal grudges of some higher officials, I have been transferred back from Branch Office to previous state.
At Present, my wife is five (5) months pregnant and there is none to look after my pregnant wife except myself, as both my parents and wife’s parents reside in two different states and none of them can come. Stating all the facts and my present situation, I have submitted my request to higher management to cancel my transfer, but, unfortunately, no reply came from their side.
In the mean time, due to ill health of my wife, I went on EL by submitting my earned leave application, but, vide e-mail, I got to know that they have issued release order in during my leave period.
I am thinking to refuse the release order. I am aware that it will amount to insubordination and the departmental proceeding shall be initiated against me and I may be suspended too, but, I can’t afford to go and join in a different state now by leaving my wife in this condition. Other alternative option for me is to resign from the job, but, in that case also I shall have to serve three months notice period in different state, which I can’t afford to do now.
I am very frustrated and depressed, kindly, advice me what should be my course of action.
Thanking you all in advance.
Anthony Fernandes
05 April 2018 at 12:20
Dear Sir,
I have been asked to resign by my company with whom I have worked for over 10 years in the month of March. I am currently have my transition going on, the last working day as been extended from Mar 20th to Apr 6th. The company has kept my salary on hold and states it will be realeased after 45 days along with my F&F.
Can the company hold my salary and or the 2 months notice pay.
Regards,
Anthony Fernandes
Anonymous
05 April 2018 at 00:24
I work in a PSU and conditions of my service are governed by Officer Services Regulations made by my organisation. I never noticed earlier but somethings made me realize that some of these rules are really weird. My query is, can I challenge these rules in a court of law? Some examples are:
1. One of the clause says that I need to live at place of my posting. My home town is 45 km from my place of posting. So why should I stay at place of posting when I can travel daily. The organisation is supposed to see that I reach office on time and don't leave before time. How an can employer force me to live at place of posting. I think they have copy pasted this rule from service rules of police / administrative officers. It can be understood in their case but mine is a strictly commercial organisation. They shouldn't even be concerned with where I live.
2. Another clause is, I can not leave station without permission. This again seems to be copy pasted this rule from service rules of police / administrative officers. I went to Delhi on a Sunday which was holiday and my boss handed me a memo seeking my explanation for leaving station without permission. Again, how can they intrude into my privacy? I can do anything on a sunday.
3. Another clause, Every officer employee shall report if any member of his family is engaged in a trade or business or owns or manages an insurance agency or commission agency. Again why? Dont I have some privacy?
4. No officer can buy or sell stocks, share or securities of any description without funds to meet the full cost in the case of a purchase of scripts or delivery in the case of sale. Why are they even concerned with this. Isn't this my personal matter?
5. No officer can Guarantee in his private capacity the pecuniary obligation of another person or agree to indemnify in such capacity another person from loss except with previous permission of the competent authority. Now again, why? This is totally my personal decision.
6. No officer employee shall speculate in any stock, share or securities or Commodities or Valuables of any description or shall make investment which are likely to embarrass or influence him in the discharge of his duties. Now can't an adult decide whether he wants to invest in a stock or not? Speculating is my personal freedom.
7. And most annoying clause is, an officer employee shall be available for the duties every time during the day. Now, no definition of term day is given. It could mean any thing. My boss interprets it in this manner - that he can make me sit and work in office till 8.00 pm or till time he likes though office timings are till 5.00 pm.
My question is, can i challenge these Regulations on grounds of violating my personal freedom?
ANIRBAN DAS
04 April 2018 at 21:53
i am serving since sep/2005 as temporary basis (daily wager) into a central govt establishment and doing Misc computer works. without any break and paid semi skilled rate.
from nov/2016, deptt. compelled to come through manpower agency. but not gap/break.
from sep/2017, deptt., terminated me by a bogus allegation, without any notice, no any enquiry, no hearing....
lodge grievence to CLC (C), New Delhi, which is under investigation.
Deptt. sent a letter to Assistant Solicitor General of India, High Court, Guwahati for comments for transition into Daily wager to DEO (Contract)
if transition procedure is completed, how can i benefited
there is any scope to regular my service
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Termination or asking to resign
Dear Sir
I am working in a Pvt sector Bank for last 15 years. Few months back my management gave me a memo listing various parameters on which they told me that I am not performing and to improve
Once after giving me the memo they repeated continuously for 3 months saying that there is no improvement which I simply acknowledged receipt by signing .
these parameters are such that performance on these keep fluctuating as they are mostly dependent on various factors external factors like staff performing at other locations and some beyond my control
also these parameters are such that no one across the board is fully able to meet and for each person at my level they remain a challenge
I never replied to any of their memo as I thought that I would improve them and show results.
On many parameters I have improved when memo was initially given and I stand comparable to others doing similar job.
Now a final memo via mail was given which I have not acknowledged and I am thinking to reply listing my improvements
Now I also fear that my services may be terminated or I may be asked to go.
Do I have anticipatory protection under any law.
Can I challenge unjust termination after they terminate my services
What can I do at this stage
Is it necessary for me to reply to memo
what legal recourse do I have