harendrasinh
06 September 2017 at 14:28
I filed the case Under S -33C (2) Recovery.
I was Dy. G.M. ( P & A), one month salary were due including Bonus, Lta, which is the part of Salary.
Labour Court vadodara has given the Ex-patre Judgement in favour of me,Stating that oponent shouls pay the dues. only once written statement submitted by opponent, stating that this court has no jurisdiction and applicant is not coming under definition of worker.
2. After Verdict Co. filed re-opening of case under Sec- 26(A). Co. Lawyer has Submitted H.C.& SC Judgements stating that Labour Court has no power to decide Bonus and when applicant status of worker is a dispute. Guj HC 2005 LLR-87,Guj St. Vs Devji
bhai tapubhai. SC{C.A. No.6550/99 dt.14 Nov 2000, SBI Vs Ramchandra Dubey & Others.
3. besides under S-10(1)of 1947, Applicant has to prooved his Pre-Existing right.
4. Has labour court given the right Judgements, first in favour of me and later
in favour of Opponent.
5. Opponent submitted the reply in first hearing but later not represented by Lawyer or self.if labour court has no power than why took the case in his court being a judge,wasting of time.
6. Now should i file a Suit in Civil District or Highcourt under Article 226 and under which Act & section, pl guide
Me.
7. I am Ex- Serviceman and Advocate too, but has no practice as served in Co’s, hence you are requested to guide in fraternity.
Harendrasinh.
Basavaraj
06 September 2017 at 12:10
Hello, An individual case under 2A ID act, is converting management grade employee to labour by CPSU, the same conciliation is done by Asst. Labour commissioner and failure of conciliation(F. O. C) recommend by DyCLC to Ministry of labour, under ID act. Now, after the legal cell screening the case details, the same is referred to CGIT or labour Court. The individual case under ID act is scrutinized by 3 levels at ALC, dy.CLC and ministry of labour, at this stage, shall any one presume, the case is almost done with formal hearing by preceding officer at CGIT... OR if, same is declined by cgit.. Then whole recommendations of ALC, dy.CLC and ministry of labour goes against the cgit decision and the only preceding officer knows the ID act and rest all fools in ministry of labour?? request opinions and comments.
Anonymous
06 September 2017 at 04:54
Sir, From state govt service myself joined through direct selection to central govt job in 1985. Got direct selection as Assitant Director post in 1988. My first promotion as Dy Director in 1994. Got first MACP in 2008. Could I count 1985 as my entry cadere for counting 30 years for 3 Rs MACP? Kindly advise & obliged. With regards. George
HAROON RASHID SIDDIQUI
05 September 2017 at 17:09
I am employee of united bank of india joined on 10-06-2013.I being mentally harrased and ill treated by some of the higher officials.I belong to chhatarpur mp.I am keep on transferring in evey one m half year by them.I recently appeared in pramotion exam where i was failed ininterview despite scoring 71 out of 100 in written exam.They did not publish any all india merit list of successfull candidates so I filed RTI to know where i was lagging behid than i cam to know that i was given only 08 marks in interview. In the contrary they transfer me all the way to CHAMPAI in mizoram stats from bhopal.I was supposed to be married this month on 11 september 2017in gwalior but someone from the bank spread the remour that my job is in danger therefore my marrige is cancled.I had given the representation to the CMD of the bank about my pramotion and transfer but no action has been taken.My dignity has been demolushed in society since my marrige is cancled.I want to send a legal notice to the people who are responsilble for this.They call me mentally sick publuclicly on whatsapp group and over the phone.I have all the proves.Please suggest me how to send them a LEGAL notice.
Anonymous
05 September 2017 at 15:05
Dear Sir,
I am recomendedfor appointment to the post of TGT(Comp. Sc.) in Govt. Of NCT Delhi in the Basic Payof 9300-34800 + Grade pay of Rs 4600.
At present, i have been working with Govt. Of India, Min. Of Defence in the same basic pay and grade pay(9300-34800 + Grade pay of Rs 4600) and completed 2.5 years of service. Two increment was granted in the month month of July corresponding in year 2016 and 2017.
I had applied for the above said post through proper channel and wish to join the new post(TGT Comp. Sc.). Before joining, I need to know:-
1. Whether i shall be eligible for the Pay protection or not in Govt. Of NCT Delhi? If yes, what salary i will be drawing at the time of joining the new post?
2. Whether my past service from Govt. Of India will be counted/regularized in Govt. Of NCT Delhi or not for calculating the benefits.
3. What are the pros and cons in joining the new post, specially in terms of Service regularization and pay protection.
Kindly requesting you to suggest the possible wayout
harendrasinh
05 September 2017 at 14:16
I filed the case Under S -33C (2) Recovery.
Labour Court vadodara has given the Ex-patre Judgement in favour of me, only once written statement submitted by them, stating that this court has no jurisdiction and applicant is not coming under definition of worker.
2. After Verdict Co. filed re-opening of case under Sec- 26(A). Co. Lawyer has Submitted H.C.& SC Judgements stating that Labour Court has no power to decide Bonus and when applicant status of worker is a dispute. Guj HC 2005 LLR-87,Guj St. Vs Devji
bhai tapubhai. SC{C.A. No.6550/99 dt.14 Nov 2000, SBI Vs Ramchandra Dubey & Others.
3. besides under S-10(1)of 1947, Applicant has to prooved his Pre-Existing right.
4. Has labour court given the right Judgements, first in favour of me and later
in favour of Opponent.
5. Opponent submitted the reply in first hearing but later not represented by Lawyer or self.if labour court has no power than why took the case in his court being a judge,wasting of time.
6. Now should i file a Suit in Civil District or Highcourt under Article 226 and under which Act & section, pl guide
Me.
7. I am Ex- Serviceman and Advocate too, but has no practice as served in Co’s, hence you are requested to guide in fraternity.
Harendrasinh.
Anonymous
05 September 2017 at 12:47
Hello,
An individual case under 2A ID act, is converting management grade employee to labour by CPSU, the same conciliation is done by Asst. Labour commissioner and failure of conciliation(F. O. C) recommend by DyCLC to Ministry of labour, under ID act.
Now, after the legal cell screening the case details, the same is referred to CGIT or labour Court.
The individual case under ID act is scrutinized by 3 levels at ALC, dy.CLC and ministry of labour, at this stage, shall any one presume, the case is almost done with formal hearing by preceding officer at CGIT... OR if, same is declined by cgit.. Then whole recommendations of ALC, dy.CLC and ministry of labour goes against the cgit decision and the only preceding officer knows the ID act and rest all fools in ministry of labour?? request opinions and comments.
shyam
04 September 2017 at 16:22
Respected dear lawyers
joined 21 agust 2015. or last date December 2015
I am in problem what to do pls give me valuable suggestion
I worked in a real estate company in sales manager profile. Having a offer letter too. Company gives me late salary app after 25 days. When I demand my salary on time after few month companies told me to go. Same thing happened with my colleagues after some time I came to know that company did same thing with so many candidates just get works and don’t give salary.
Note- working hours of company was 10am- 8.30 pm
Company cut EPF of other employee but not mine (can I take action on this side)
I am having three month salary pending and petrol
When complaint goes to labour department. Then labour officer visit over there. company representative refused to give my attendance (thumb and register also) or said that I have done app 45 days or get paid with showing salary ledger.
Labour officer asked me about that u have any proof that u have worked three month more
I shocked and you all know how is our system is corrupt. Or told that your salary is above to 21k. so u r not under 1936 labour act. Or go to civil court.
I become hopeless but still fighting for my hardest money
How can I take action on this pls clarify……………………….
RAFEEK M
03 September 2017 at 12:52
Dear Sir
I a have joined with a private company on 2nd May 2011 and relieved on 20-07-2016. But for the first year i was on contract. Considering all i have serviced the company for 5 years and 3 months. But the HR department says that as i have gone through only four years excluding the one year of contract, they can't give gratuity can any one clear this with our law. I served with the company in their Marketing and Administration Department.
I would like to know that weather the gratuity is only for the five years with out contract period.
Please help
Regards
RAFEEK M
09744125242
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Ar
Case is pending before labour court tribunal and at the stage of evidence. There are 6 Respondents/management party in the case and 4 respondents have given their authority letter that their advocate will appear on their behalf before the court but 2 respondents have not given any authority letter or vakalatnama. My query is that such respondents/management who with their cleverness misleaded the learned court by not submitting the remaining 2 authority letter and apart from that they were also not ex-parte in the case. Against such respondents/management what action can be taken and whom it can be reported as the case is going for some appeal/revision before high court can this matter also be brought to its notice.