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Vinod Shah   10 March 2018 at 22:33

Settlement of dues while matter is sub-judice in courts.....

Dear Experts,
One of my friend got terminated from his service on baseless and patently illegal charges framed against him by his employer. No principal of natural justice followed and no reasonable opportunities given during the course of departmental inquiry proceedings. He approached to Central Administrative Tribunal (CAT) and the High Court of Delhi seeking interim relief for reinstatement and stay on operations of orders of removal of service including letters of employer for asking vacation of company accommodation and house building advance taken. CAT admitted the case and inclined to allow any interim relief by mentioning in its interim order that that the matter is serious and the employee is out of employment, hence CAT will dispose off the case amicably in interest of employee. Employee approached to High Court of Delhi seeking same interim relief but High Court of Delhi also inclined to allow any interim relief to employee and relying upon the CAT's interim Order and presumed that the matter in pending before the CAT and the CAT is mindful and acting in favour of applicant. Despite of these orders of High Court of Delhi and the CAT, employer is sending letters to terminated employee and asking him to vacate the accommodation and repay panel rent as well as housing building advance immediately. It is clear signal that the motive of employer is to disturb family life of terminated employee and harass him.

Now, my question is that :
a) Is action of employer is good in the instant case?
b) Can an employer ask for outstanding dues if matter is pending before the service matter court i.e CAT?

Kindly suggest what is scope of legal remedy for applicant in the instant case so that he may be prevented from the undue harassment by the employer. Please note that applicant is still unemployed and no source of income. He is living with his family along with two small school going children (daughters) in the employer's accommodation.

Prima facie the case is in favour of employee and he is 100% ensured that he will be reinstated back in service after finalization of case in the court.

Your suggestion on this matter will be very helpful for him and can save his life from undue harassment.

Anonymous   09 March 2018 at 16:46

Restrictive covenant

resp, sir
my friend has a small business of industrial pest control and has 10 employees . having tough competition , facing problem of employees going to competitor and sharing confidential information .

what is the process of putting employees in restrictive covenant agreement ?
to protect the business .

please guide .

thanking you .

sunil

Anonymous   09 March 2018 at 10:49

Defamation and wrong reference

Hi, My brother was working for a company which is one of the top private sector bank. This was his first job. He work there for 1.6 years but in between there were many problems with her manager he' just escalate one thing which was going wrong against her. So the bank terminated him without any reason and close down his systems and said you are terminated. But they didn't give the reasons. So we tried a lot and then they said you resign we will give reliving letter and terminated tag will be not shown. But after since two years from that my brother has been selected in other company but after giving offer letter they reject it . and don't take him When we asked why they don't give any answer. So we have come to know that it is just because of the previous employer. They are showing him terminated but my brother is showing that he had resigned but this was only given just for our sake. So wat should we do should we ask the company for the terminated reason. Because they have just given N reliving letter without serving any notice period. But shown terminated or absconded there. And we are very confused with to do v because they have ruin his career and he his not getting job because we are not understanding after selection in various companies why they removing him after some days. Please help

Anonymous   08 March 2018 at 21:25

Periodic transfer of clerk employees working in psu banks

I Would like to get whether pwd employees working in public sector banks are exempted from periodic transfers as i have received a document from department of financial services which provides such kind of information. please help me to know more.No.36035/3/2o9-Estt.(Res) issued from Ministry of Personnel, Public Grievances and Pensions is provided by dept of financial services.

SHRINIVAS ACHARYA   08 March 2018 at 14:57

Employee working on a national holiday

Dear Sir,

An employee while working on a national holiday will be paid overtime.
However, is it necessary for the company to give a compensatory of
for working on a nation holiday ( 10 declared holiday ).

Kind regards
shrinivas

Anonymous   07 March 2018 at 17:54

Problem facing in two banks regarding aadhar and pan link


Hello My mother getting pension of my father since 25 years , father had expired and served for the army as a havaldar rank.. Now at that time my grand father furnished the nick name of my mother in the army records for pension as “poonam devi”. My mother was also on state government job as a primary school teacher and retired few years back in 2008 where her name is kala devi as per her educational certificates and records...Now these days aadhar and pan requirement is compulsory for every bank account opened. And now she is facing the problem that i am describing .... first these are details of two bank account where one bank is connected to my father pension and other is connected to my mother pension (as she retired form teacher few years back)
SBI Bank : My Father Pension (or My mother Husband Pension)
Mother name (written on passbook): poonam devi
Bithdate: 08/09/1950
&
PNB Bank: Mother pension
Mother Name (written on passbook): Kala devi
Bithdate: 08/09/1950
(Both the Bank account is opened in the same city)
Even few years back at 2011 i had made court affidavit regarding this that both the name is of same person which was nototrized and duly signed and stamped by city SDM (State District Magistrate) Also an Advertisement was also published on local newspaper so that in future no problem would arrive (I have all the documents including affidavit and newspaper advertisement kept safely) then on the basis of this affidavit and documents AADHAR CARD name which was formerly “kala devi” was corrected Now n Aadhar the new corrected name is “ Kala Devi alias Poonam Devi”. But i have not changed it on Pan number in which only Kala Devi is written as per her educational records As people told me that you can’t change the name in pan like Alias Name. It should be only one name.. My mother teacher pension is well connected to Pan card and also Income Tax written is filled on time but now because in Sbi bank there is a need of pan and aadhar to be connect but when i furnished all the details to Sbi bacnk they are denying to accept and saying that your aadhar can not be linked to our system because there it showing error as in passbook or bank details it is poonam devi and in aadhar the name is in alias (which is Kala devi alias poonam devi) and also said that in the Pan card your mother name not matches to our Bank records....Problem is what to do in this type of situation Some says do this Some says do that but no one even the bank employe have the correct answer...SBI Bank employe says change all names according to the Pension of My father as it is very complicated to change the Army records and a very lengthy process but if i do that then what about my mother own teacher pension? Because sooner or later this condition would also arise at other bank of pnb..Now what to Do?
My mother is very depressed as she is thinking that in few Days May be her Husband Pension Would Stopped.



Shashi Shankar Upadhyay   07 March 2018 at 10:39

Supersede by juniors

Sir any constable in cisf (mha) through departmental exam supersede direct recruitment of Asi in cisf when direct Asi existing in force how can constable through departmental exam achieve rank of Si it may be possible constable only achieve beow senioty from direct recruit Asi in same year

Anonymous   07 March 2018 at 09:55

Employer cancelling past years utilised leaves

I work in Public Sector Bank, in Retail/Branch banking.
I had taken my Casual leave and Earned leaves in previous years when i was outstation. And there were Extraordinary Leaves when i was not well. On two occassions my absence extended the leaves available to me as i was unwell to travel back and join. I was okay with remaining absence as unpaid as i didnt had that many leaves.
Now when i am resigning to join other organisation.
The HR comes in and says, you cant combine xvz leaves with abc leaves etc etc and told me lot of confusing rules. Also said your utilised leaves will be undone and expired as they were of previous year.
Basically they want to penalise me and make me pay money.

In the rules for leaves, initially i wasnt aware of them in detail as i was new and never got time to go through them... Public Sector Bank.
Recently i went through the rules which says that if there is any absence not entered in system they will be marked as unpaid leave after 15 days. This they never did in 1.5 years. Had they done it i would have known about this issue.
Also leaves marked in the system, which the system accepted, now they say those will be cancelled.
Though i wasnt aware these detailed rules, also my supervisor approved my casual leaves and earned leaves even he didnt told me all this as even he i guess dnt know.
But even the HR didnt worked on my absences in time which was 15 days. Had they did that i would have corrected it and used my leaves.
Now they say my leaves will be wasted and i would have to pay money for all those leaves apart from unpaid leaves and also holidays.

I am confused. Do i have any recourse in Labour Laws.

kabeer99   06 March 2018 at 14:40

Immediate termination of a manager without notice

I would like to ask, whether an HR-Head of a Limited Company can terminate a Manager with immediate effect, without issuing any kind of written Notice under the verbal allegation of Non-Performance. On the other hand he emphasized to the Manager to submit a Resignation immediately, without which did not allowed to go out of his cabin.

Not Only that, the Notice Pay is paid incomplete, Only two months Notice Pay given, whereas three Months Notice Pay and 30 days Notice is already mentioned in the Company Policy issued to the employee at the time of joining.
What will be the Option for the Manager, as he has already Resigned under Pressure and Threaten.

Hitesh   05 March 2018 at 22:21

Mentally Harassment

Dear sir/mam,
In company I'm suffering from mentally Harassment. They play politics against us try to fire. Company hit me debit note of 80000 for only small rejection.
Plz sir give me suggestions what I do now?