Santosh
27 September 2017 at 15:09
Hello Sir/Madam,
I work for a Pvt LTD bank and right now I'm on notice period 90 days i.e. three months. While Im on notice period I'm entitled to 3 Casual leaves for each one for month. So now I have completed 60 days of notice period and already used all 3 CL's and now requested for another leave for which I have informed 1week before but our manager isn't ready to give me leave Instead he said he would put absent if I go on leave.
So my question is , will there any problem if I go ahead with my leave as it is important for me to meet a family obligation ?
SWAPNIL WAGHMARE
27 September 2017 at 13:01
I am Swapnil waghmare, I am worked in one of the small scale company(Credentek Software & Consultancy) as a permanent employee from DEC 2015 to June 2017, My company terminate me without giving any warning letter and one day notice period, after next day I am done some mail trail with HR and after that they allowed to pay 2 months salary to me, but they are not given Experience letter and reliving letter to me What can I do,Company not given any valid reason to me for termination and they don't have any proof Please Help me
Detail Regarding
1.Company give me 2 Months Salary after I mention here I have Confirmation Letter after 6 month in that clearly mention,
"Please note that all the terms and condition of employment will be same except the Notice period tenure which will be of 2 months from both parties"
2. our organization is IT industry work on Banking Domain
3.I am working as a QA Engineer
4. Near about 20 Employee fire without notice period(1 Day) but no one raised concern about that I am raise concern that's why they terminate me
5.I am reporting only Manager but manager is like puppet only whole process handle by CEO if you argue the CEO then you fire next day
6. Working time near about 12 hr more than that
7. I have all document like PF account, salary slip,confirmation letter,appointment letter
8.i am working near about 1 year 6 month but they are not give me any appraisal, I am not receive any warning letter
9.they are terminate because CEO want I am worked on mumbai location at same payment, I ready to work in Mumbai but I am not ready to Stay in a Hostel I just want traveling expense in place of staying expense because my sister staying in Mumbai alone, but Finance guys told me we are not agree to pay traveling expense, thats why I just told him I am not able to work in Mumbai and From tomorrow onwards I joined Pune office thats the conversation between me & Finance guys
10. two office one in Mumbai & One in Pune near about (55 Employee)
11. I don't have any power i am just Employee
Member (Account Deleted)
27 September 2017 at 12:09
Hi Sir,
expert seniors have resolved my last query related to gratuity. As we did not have DA in our salary slip and we have paid an amount of gratuity on the basis of (last drawn basic* 7.7 years as 8 years*15/26) according to this formula we have paid the amount to ex-employee. Today we have received the notice. Kindly guide how to process.
Madam,
Under instructions from my client Shri Imran Khan s/o Sultan Khan, R/o Kadar Zenda, Kamptee I have to serve upon you the following notice.
1] That, my client was working as a Senior Programmer in your Company since 2.11.2009 and he worked continuously without any break till 28.6.2017. After rendering 8 years, he submitted resignation with your company which was duly accepted and accordingly, on and from 28.6.2017 he has been relieved from your company.
2] That my client received an amount of gratuity to the tune of Rs. 69,909/- and the said gratuity has been calculated by your office on his last drawn salary Rs. 33,467/- and by taking into consideration the last drawn salary Rs. Rs. 33,467/- the amount of gratuity has been paid to my client as mentioned above.
3] That as per the provisions of the Gratuity Act which is applicable to all establishment, institution and others through out the India the gratuity has to be paid by taking into consideration the basic pay and dearness allowance. The gratuity has to be calculated as per the provisions of Gratuity Act and under the provision of Gratuity Act the calculation is basic pay + D.A. X 15X years of service and divided by 26. Now, the employees working are entitled to D.A. of 120 % and taking into consideration the 120 % of D.A. the gratuity ought to have been calculated as under :
Basic Rs. 15,147/-
D.A. Rs. 18,176/-
---------------
Total Rs. 33,323/-
---------------
4] As per the aforesaid calculation as mentioned above, the amount of gratuity which ought to have been paid to my client comes to Rs. 1,53,798/-. On the contrary, my client has been paid Rs. 69,909/-. As such, my client received less gratuity of Rs. 83,889/-. In view of the aforesaid legal position I hereby called upon you to pay Rs. 83,889/- to my client with interest thereon on and from 1.7.2017 for delayed payment of gratuity as per provisions of Payment of Gratuity Act. Failing which my client shall be constrained to file appropriate proceeding against you in the Court of law and in that event you shall be liable for the cost and consequences. Please take the notice and do the needful.
Notice charges Rs. 5,000/-
Member (Account Deleted)
27 September 2017 at 11:46
Madam,
Under instructions from my client Shri Imran Khan s/o Sultan Khan, R/o Kadar Zenda, Kamptee I have to serve upon you the following notice.
1] That, my client was working as a Senior Programmer in your Company since 2.11.2009 and he worked continuously without any break till 28.6.2017. After rendering 8 years, he submitted resignation with your company which was duly accepted and accordingly, on and from 28.6.2017 he has been relieved from your company.
2] That my client received an amount of gratuity to the tune of Rs. 69,909/- and the said gratuity has been calculated by your office on his last drawn salary Rs. 33,467/- and by taking into consideration the last drawn salary Rs. Rs. 33,467/- the amount of gratuity has been paid to my client as mentioned above.
3] That as per the provisions of the Gratuity Act which is applicable to all establishment, institution and others through out the India the gratuity has to be paid by taking into consideration the basic pay and dearness allowance. The gratuity has to be calculated as per the provisions of Gratuity Act and under the provision of Gratuity Act the calculation is basic pay + D.A. X 15X years of service and divided by 26. Now, the employees working are entitled for D.A. of 120 % and taking into consideration the 120 % of D.A. the gratuity ought to have been calculated as under :
Basic Rs. 15,147/-
D.A. Rs. 18,176/-
---------------
Total Rs. 33,323/-
---------------
4] As per the aforesaid calculation as mentioned above, the amount of gratuity which ought to have been paid to my client comes to Rs. 1,53,798/-. On the contrary, my client has been paid Rs. 69,909/-. As such, my client received less gratuity of Rs. 83,889/-. In view of the aforesaid legal position I hereby called upon you to pay Rs. 83,889/- to my client with interest thereon on and from 1.7.2017 for delayed payment of gratuity as per provisions of Payment of Gratuity Act. Failing which my client shall be constrained to file appropriate proceeding against you in the Court of law and in that event you shall be liable for the cost and consequences. Please take the notice and do the needful.
Notice charges Rs. 5,000/-
Anonymous
26 September 2017 at 22:43
Sir/madam I am posting this query on behalf of my retired ex-servicemen father who served the nation for more than 20 years in military, now he works at BVG as supervisor, but his head (city head of company) constantly harassed him by putting him to the tasks which are beyond his duty or obligations, his boss calls him to cook food in his personal parties and to climb up on terrace to clean it, he also calls him on sundays and holidays just to irritate him and to treat him like a slave. My father has crossed 48 years now and its very hard for him to work for this many hours mostly 09.00 am to 10.30pm without any overtime bonus. The HOD is known for his bad behavior with Labour he often beats those from poor families. so many complaints have been Lodged against him at companies head office at puna but still no action is taken against him by company. He also uses influence of mafias and gundas to control any fireback against him. I can not see my father suffer from this at least after his service to the nation, I just want to know if I can do anything to fight for his reputation and recovery of the overtime that he is being giving to the company from last 2+ years and he is also not provided with the payment slip and his EPF No. which he has been asking from months, please help. I request you.
shyju
26 September 2017 at 13:02
Which govt institution,ie labour commissioner office etc. need monitor the contract or service bond made by employer and employees in india.
What will be happen to those contract or service bond is not intimated with these office
Inder
26 September 2017 at 11:24
I have selected for govt job as a teacher.i have ticked as no to have you ever been prosicuted because since I had already been aquitted.or ticked as no to have you ever been arrested because court obtained me anticipatory bail and I have not ever been arrested by police.authority cancel my candidature that in my police varification police said that I was arrested on 15 -1-2010 .and prosicuted under section 323/324/506 and aquitted .court obtained me anticipatory bail on 12-1-2010how can police show arrested.authority cancel my candidature further my aquitel by lower court is not honourable aquitel. In my judgement order of court camlainent said that the statement given to the police were not given by them. There is no sufficient evidence to connect the accused to the guilt.prosicution completely failed to the prove the allegation.and acussed aquitted by extending benefit of doubt. case bail bond disposed off. Can I file a writ for this to get my employ ment
bhushan
26 September 2017 at 03:12
Sir
I have been working in dept of health nd family welfare in Tn govt as clerk , I have been transferred to govt hospital on 2016 March but my previous office has not forwqrded my LPC LAST PAY CERTIFICATE to my new office till date ie September 2017 Citing lukewarm administrative reasons I am not able to receive salary for the past one year .. I have no disciplinary action pending against me .. Just citing lack of time they are not sending me my lpc i have made frequent representation to the deputy director of health but in vain . what should I do now to get my salary sir ..The concerned accounts superintendent is giving vague reasons and speaking in unparlimentary language when I go in person to ask my lpc .. Kindly provide me solution as I'm finding it difficult to meet my daily expenses and my subsistence is really in danger as I lm borrowing money from relatives and spending till now ..
Waiting for ur proper guidance .
Thank u
Bhushanan
Anonymous
24 September 2017 at 20:28
Respected Expert,
I am gazetted officer in Govt Of Maharashtra since last eight years.
I have two daughters. we want to take third chance .
My query is whether it is allowed? or is there any risk for my job if i take third chance?
Pl guide.
Thanks
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Enitlement of retirement benefits - reg.
I was a Central Government servant. Subsequent to the Departmental Enquiry, I was ordered for Compulsory Retirement without any mention on the quantum of retirement benefits by the Disciplinary Authority. I was paid Provident Fund benefits and Leave salary. No pension and gratuity was paid to me till date. After 6 months of the above said order, I have been convicted in CBI court for which appeal lies in the High Court. Please clarify whether my pension and gratuity suffer on the out come of the CBI court verdict.