SAURABH GUPTA
01 November 2017 at 22:43
Dear sir
I havr query related to gratuity act. I have worked for 4 years and 8 months for a private organization where we have 5 days a week job and 4th Saturday is working. Please let me know weather i will be eligible to get gratuity.
suneetha Jain
01 November 2017 at 21:11
Sir, My Brother who was terminated by Public Sector Bank in May 2013 due to non disclosure of pending criminal case against him at the time of appointment (The case is closed in lok adalat in Jan 2013). So, we went to High Court. High Court relied on the Judgement of Supreme Court (Avtar Singh) and issued an order to set the termination order issued by Bank aside based on point (4) of Avtar Singh Case as case is Trivial and no conviction is there and asked the Bank to issue a fresh reasoned order by keeping in view of guidelines in Avtar Singh Case. The Avtar Singh Case Summary is as follows:
We have noticed various decisions and tried to explain andreconcile them as far as possible. In view of aforesaid discussion, we summarize our conclusion thus:
(1) Information given to the employer by a candidate as to conviction, acquittal or arrest, or pendency of a criminal case,whether before or after entering into service must be true and there should be no suppression or false mention of required information.
(2) While passing order of termination of services or cancellation of candidature for giving false information, the employer may take notice of special circumstances of the case, if any, while giving such information.
(3) The employer shall take into consideration the Government orders/instructions/rules, applicable to the employee, at the time of taking the decision.
(4) In case there is suppression or false information of involvement in a criminal case where conviction or acquittal had already been recorded before filling of the application/verification form and such fact later comes to knowledge of employer, any of the following recourse appropriate to the case may be adopted: -
(a) In a case trivial in nature in which conviction had been recorded, such as shouting slogans at young age or for a petty offence which if disclosed would not have rendered an incumbent unfit for post in question, the employer may, in its discretion, ignore such suppression of fact or false information by condoning the lapse.
(b) Where conviction has been recorded in case which is not trivial in nature, employer may cancel candidature or terminate services of the employee.
(c) If acquittal had already been recorded in a case involving moral turpitude or offence of heinous/serious nature, on technical ground and it is not a case of clean acquittal, or benefit of reasonable doubt has been given, the employer may consider all relevant facts available as to antecedents, and may take appropriate decision as to the continuance of the employee.
(5) In a case where the employee has made declaration truthfully of a concluded criminal case, the employer still has the right to consider antecedents, and cannot be compelled to appoint the candidate.
(6) In case when fact has been truthfully declared in character verification form regarding pendency of a criminal case of trivial nature, employer, in facts and circumstances of the case, in its discretion may appoint the candidate subject to decision of such case.
(7) In a case of deliberate suppression of fact with respect to multiple pending cases such false information by itself will assume significance and an employer may pass appropriate order cancelling candidature or terminating services as appointment of a person against whom multiple criminal cases were pending may not be proper.
(8) If criminal case was pending but not known to the candidate at the time of filling the form, still it may have adverse impact and the appointing authority would take decision after considering the seriousness of the crime.
(9) In case the employee is confirmed in service, holding Departmental enquiry would be necessary before passing order of termination/removal or dismissal on the ground of suppression or submitting false information in verification form.
(10) For determining suppression or false information attestation/verification form has to be specific, not vague. Only such information which was required to be specifically mentioned has to be disclosed. If information not asked for but is relevant comes to knowledge of the employer the same can be considered in an objective manner while addressing the question of fitness. However, in such cases action cannot be taken on basis of suppression or submitting false information as to a fact which was not even asked for.
Before a person is held guilty of suppressio veri or suggestion falsi, knowledge of the fact must be attributable to him.
But, Bank replied that as per Avtar Singh Case, Point (1) shows that non disclosure is a serious crime and hence, we are issuing that termination is valid.
Now, What should we do?? Even though High Court clearly set aside the termination order, Bank authorities did not set aside the termination order. Please advise us..
Parul
30 October 2017 at 19:19
Please confirm whether a organisation can fire a pregnant lady giving any reason and what steps a lady can take for this.
Jibin E G
30 October 2017 at 11:46
Hello sir/madam,
I am a central government employee and I took permission for higher studies for Bsc Fire and Industrial Safety through distance mode from Annamalai University having technical collaboration with NIFS. I had completed my course and submitted my certificate. At the time of LDCE (Limited departmental Competition Examination) for higher post, My course was examined in UGC distance mode. But, my course was not found in distance mode. So, I approach Annamalai University and they answer me that the course I completed was not distance, indeed it was a campus programme and it was regular mode.
So, I am completed shocked to here that my course was of a regular mode, But I got permission for distance mode degree. My employer did not give permission to appear for LDCE because at the time of permission, I had requested for distance studies and my degree is of regular mode and asked me to forget your degree. Actually I am working in Shift duty, so that I can attend classes even it is in regular mode. And in this three years I had never be absent from my duty.
All this happens was due to NIFS, pune. Because they give me wrong information that you can do this degree as distance and they give some relaxation in classes also and give me flexible timing to attended the classes. But actually it was a campus programme.
So i need an expert opinion on this matter, whether my employer can treat my certificate as regular mode and give me permission for promotion.
Or what if I approach court for justice.
Please advice me, as it is very important for me.
Thanking you all
Anonymous
29 October 2017 at 10:25
Bombay HC dispose of writ petition and set aside award passed by CGIT (filed by our Company against the CGIT award by which CGIT set aside transfer orders) on 19.01.2015 and order is published on 01.11.2015. We filed SLP in SC. On 17th October 2016 SLP was dispose of by SC on admission and issued order with no reason (SC found no merits in our case). Due to financial difficulties we could not file Review Petition in BomHC as per direction given by SC in KUNHAYAMMED VS. KERAL STATE. We accepted offer given by Company of monetory compensation in month of February 2017 (before CGIT Mumbai where our Reference is pending). But till date Company advocate taking dates and delayed compensation procedure. Now my question is What do we do to overcome from this situation?
Parul
28 October 2017 at 10:40
I have a query that can a company terminate the employee with any reason when she is pregnant.
What can a female do when company terminate/fire when she is pregnant.
atul wadekar
27 October 2017 at 15:36
Dear Sir
What are the steps can HR takes after issuing memo to an employee? What is the time bond for action after memo?
Pls advice
atul wadekar
27 October 2017 at 12:10
Dear Sir
Is it allowed to have worker union and staff union in one organisation by the law? Is it possible for staff union to get recognition from employer while there is established worker union ? If yes then what is the procedure to get recognition for registered staff union .Pls advice...
Anonymous
26 October 2017 at 12:03
Sirs,
I am facing a trouble. My self working as a Probation Officer in West Bengal. I am appointed as per Sec 13 of the Probation of offenders Act 1958. My Department is Department of Correctional Administration. My department is started Departmental Proceedings under the Wb CCA Rules 1971. I want to know that DP against me under WBCCA Rules is possible or not or shall I appeal before the WBSAT.
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Graduity clarirication
Dear All,
I have worked for Limited company for 4 years 5 months am I eligible to get Graduity or not.
Kindly help me in resolving above query.
Please do the needful.
Thank you