Anonymous
30 November 2017 at 21:53
Dear Legal Experts,
One year back I joined an organisation and after 2 month I left organisation due to some family dispute and on last working day I informed organisation via email. That is I did not serve notice period and immediately I abandoned job . Approx Three month later from leaving organization date I got letter regarding absence from duty and now one month back I got a letter from organisation and they want money from me around 1 lakh rupee for not serving notice periods while I did not sign any bind with organisation only one thing that is mention in appointment letter in lieu of notice period you can buy out notice periods anf they will provide experience and reliving letter but as I told due to family dispute I left and I don't want their experiences and reliving letter.
Could you people advise me what should I do or should I wait for legal notice ?
Please also tell me what can be consequences in case of legal notice.
Mani
28 November 2017 at 23:27
I work in PSU as officer.My promotion was due this to higher cadre and I was not promoted.Through RTI ,I came to know that as per marks ,seniority, and rank parameters I qualify to be promoted to higher cadre as the rank of last candidate selected was 213 and my rank was 200. Further more in my personal data form which our personnel department of organization maintains and is accessible to all employees to see their own,one vigilance case number has been written and I assumed that due to ongoing investigation on this vigilance case,my promotion has been kept in sealed envelope or had been withheld.However to my surprise when I filed RTI to my personnel department inquiring about any vigilance case /inquiry going against me ,they replied that no information is available with the public authority as on 20.10.17,whereas promotion list was declared on 05.05.17. should I file a writ petition challenging my non promotion in supreme Court or high court for justice
Mani
28 November 2017 at 23:22
I work in PSU as officer.My promotion was due this to higher cadre and I was not promoted.Through RTI ,I came to know that as per marks ,seniority, and rank parameters I qualify to be promoted to higher cadre as the rank of last candidate selected was 213 and my rank was 200. Further more in my personal data form which our personnel department of organization maintains and is accessible to all employees to see their own,one vigilance case number has been written and I assumed that due to ongoing investigation on this vigilance case,my promotion has been kept in sealed envelope or had been withheld.However to my surprise when I filed RTI to my personnel department inquiring about any vigilance case /inquiry going against me ,they replied that no information is available with the public authority as on 20.10.17,whereas promotion list was declared on 05.05.17. should I file a writ petition challenging my non promotion in supreme Court or high court for justice
ashish
27 November 2017 at 19:39
I am working as a bank PO in a Public Sector Bank. The bank recruits through IBPS. However, when we wrote the IBPS exam or in its advertisement or during selection of bank, there was no mention of any service bond. However, after the results and allocation of bank, which cannot be changed, the bank stated that there will be a service bond of 1 lakh rupees. I signed the bond for getting the job. Now i want to leave the organization, can the bond be a voidable bond on account of the principle of undue influence as per Indian Contract Act?
When I signed the bond I had no option to sign it. The bank though its recruitment exam never mentioned that there would be a bond or else I would not have chosen it.
Nitish Kumar
26 November 2017 at 12:38
Respected sir
I am a state govt. Employee on regular basis serving from last 4 years. I have applied for a post in another govt sector within state and have applied through proper channel and obtained noc from my current dept. Now I have been selected for the post and want to join there. But the new post is on contract basis. Should I get the benefits of lien through technical resignation for current scenario. Need your esteemed guidance please...
R.Ananda Kumar
26 November 2017 at 04:25
I joined the org 03.07.2013 this date till 31.08.2013 pre opening staff then appointment letter issued from 01.09.2013. I working till now 03.12.2017 they will transfer me (same sister concern and same group also). from 04.12.2017. But what they said owners is same but our company name is different (like you worked partnership but we transfer pvt. Ltd), hence, we will not give the continue service to you, so, you not eligible for the grauity.
Dear expert, kindly advice to me,
1. i am eligible for grauity or not,
2. why they have avoid continue service
3. First Two month pre opening period also consider for grauity calculation or not
4. If i accept this condition i lose my service period 4 yrs and 6 month.
Kindly advice
Anonymous
26 November 2017 at 04:23
I joined the org 03.07.2013 this date till 31.08.2013 pre opening staff then appointment letter issued from 01.09.2013. I working till now 03.12.2017 they will transfer me (same sister concern and same group also). from 04.12.2017. But what they said owners is same but our company name is different (like you worked partnership but we transfer pvt. Ltd), hence, we will not give the continue service to you, so, you not eligible for the grauity.
Dear expert, kindly advice to me,
1. i am eligible for grauity or not,
2. why they have avoid continue service
3. First Two month pre opening period also consider for grauity calculation or not
4. If i accept this condition i lose my service period 4 yrs and 6 month
Kindly advice
Anonymous
25 November 2017 at 14:29
The day i told my company about my pregnancy they started harassing me and putting undue work pressure on me
as a result of this mental stress my medical condition deteriorated and my gynecologist advised to me to take 30 days bed rest
When i asked my HR for one month unpaid leave she told me to resign.
I resisted at first but considering that the mental pressure will have ill effect on me and my baby health i decided to resign
Is there a legal action i can take after resigning from the company
yogesh thaware
24 November 2017 at 16:38
I had filed an original application against my transfer order in Central administrative tribunal Bombay in April 2017.The central administrative tribunal stayed my transfer order with following observations by tribunal judges �From the perusal of all records it is apparent that there has been a degree of arbitrariness and discrimination in issuing the transfer order to the applicant. In view of this the respondents are directed not to relieve the applicant till the reply filed by the respondents is considered by this tribunal and decision is taken on the continuance of Ad-interim/interim orders.�After filling the reply and a miscellaneous application by the respondents the Tribunal continued my Interim relief and gave next date of hearing. The respondents then filed a writ petition in Bombay high court challenging this interim relief granted by the tribunal. The Bombay high court refused to intervene or pass any kind of order against this interim relief granted by tribunal and dismissed respondents writ petition within eight days after it was filed. The Bombay high court learned judges did not find any substantial reason to intervene and gave a little dressing down to the respondent�s lawyer. The following were the observations by Bombay high court in its order �we are not inclined to interfere or intervene at this stage however we are inclined to direct the tribunal to dispose off this matter within six weeks from the date of communication of this order. The tribunal continued my interim relief after Bombay high court order was duly communicated by my lawyer. The respondents simply refused to comply with the tribunal order and somehow managed to get my original application dismissed in August 2017 (five months after the interim relief was given by tribunal).To my utter shock and dismay there were some glaring and fatal errors in the judgment order (errors of facts as well as errors of law).with the dismissal of my original application the interim relief given by tribunal stood vacated (five months after it was granted) and therefore I decided to join my new transferred posted station with certain condition and protest as legal protection was no longer there for me. After thoroughly examining the judgment order of Tribunal .I and my lawyer then decided to file a review petition in the tribunal on the following grounds:-
1) Errors apparent on the face of record.
2) New important piece of evidence has been discovered and applicant could not file it inspite of due diligence and care on his part.
The review petition was admitted by the tribunal and a notice to that effect was issued to the respondents to file reply within four weeks after notice receipt. However the respondents taking the advantage of system loopholes did not respond through any reply nor their lawyer appeared on the fixed date of hearing (30/10/17).The tribunal judge gave a further date of hearing in the month of December 2017.The petition prepared by me and my lawyer is so watertight that the respondents do have any reply to file and I suspect that with no strict provision in law to punish or penalize the respondents for non appearance (unless the tribunal judge takes a strong cognizance of this disobedience) the respondents may very cleverly take an advantage and skip tribunal hearings. Although me and my lawyer have an option of filing a mandamus and certiorari petition in high court I would like to have a more clear opinion from all the experts so as to make the respondents appear and file their reply and compel the tribunal to make respondents to obey its orders and dispose off this review petition at the earliest. The respondents are the employees of public sector undertaking (Bharat Sanchar Nigam Ltd)
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Company holds employee's relieving letter and salary
Exact Question : Can company hold employee's relieving letter and last month salary over financial dispute which is unknown to employee till last month ?
After resignation employee served notice period of 90 days (have mail copy and resignation acceptance from employer)
Financial dispute : Finance department added extra amount in "special allowance" category for each month over a period of 2 years in employee's salary account, the same is reflected in payslips and paid taxes.
And now after employee's resignation they found the error from past two year financial record, claiming immediate settlement of those extra sum amount and company holds the relieving letters, last month salary and payslip. What is the necessary step I should take legally?
Also if I want to join new company, how I can explain situation there?
Please help.