Dear Seniors
kindly provide some following judgement please
1. Can Disciplinary Authority can change the proposed punishment after second show cause Notice?
2. judgement pertaining to QUASH the charge sheet issued by the employer which is against the standing order at the stage of second show cause Notice.
3. meaning of declaration/information, whether it may be oral or written.
Snmurthykala
15 February 2017 at 08:28
Sir,
We see a ray of hope!
This is to bring to your kind notice that I served in an NGO Hospital
for 6 years and resigned 9 months ago. My salary breakup was as under:
Basic Rs.6660-80
HRA Rs.2664-32
Special Pay Rs.7326-88
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Total Pay Rs.16652-00
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I request you to clarify as to whether the "SPECIAL PAY" be considered as "GRATUITY" calculation component since my ex-employer stating that 'Special Pay' cannot be considered as part of Gratuity Component hence, will be calculated
on the basis of the 'Basic' only.
Kindly advice terminology 'Special Pay' be considered in the absence of the terminology 'Dearness Allowance'. Look forward your kind support and clarification that will benefit about 250 employees those who are working in the hospital never ever aware of the Eligibility Criteria of Gratuity.
Best regards,
KS Murthy
Snmurthykala
14 February 2017 at 21:25
Sir,
I served in one NGO Hospital for 6 years and resigned 9 months ago. My salary breakup was as under:
Basic: Rs.6660; HRA Rs.2664; Special Pay Rs. 7326/-.
While settling the gratuity payable, the Management has not been considered the 'Special Pay' saying that 'Special Pay' cannot be taken into account while calculating the 'Gratuity' which will be calculated on the basis of 'Basic' only. Kindly advice as to whether the 'Special Pay' be considered in the absence of ' Dearness Allowance '. Kindly clarify.
KS Murthy
JGD
1.Worked in nationalised Bank for 39 years and retired in March, 2010
2.Got promoted from Scale I to II in April, 1993 but result held in sealed cover due to pending case in CBI Special court, Mumbai.
3.Applied for promotion from Scale II to III conducted in 1998 but denied opportunity due non release of promotion on adhoc basis.
4.Got acquitted on merits by the Court in March, 2014 (after retirement).
5.The Bank has released the promotion held in sealed cover with notional effective date of April, 1993 with due benefits now in January, 2017.
6.Subsequent to that I have claimed that the Bank should consider my promotion from Scale II to III which was denied to me in 1998 based on my ARRs which are excellent during the period relevant to that period (it is in fact excellent throughout till retirement which has been admitted to by the Bank).
I want to know:
1.Whether my claim is as per provisions of sealed cover procedure?
2.Is there any decision in the High Court/Supreme court to support my claim?
3.If the Bank does not consider, whether I can approach a court and how?
4.If I get the said promotion released with notional back date can I claim further promotions on various future dates?
Hemant Purandare
14 February 2017 at 12:43
May I know what is the time limit for issuing chargesheet if a person suspended before six months without giving any reason in vigilance case & revoked in two & half months but 6 months passed no chargesheet issued. Please guide me. Thanks
Arunima Mazumdar
14 February 2017 at 11:38
How long does it take to get a decision on APAR related case filed in CAT. My case is going on for past three years. Is this delay normal ?
Kapil
14 February 2017 at 10:10
I accepted a job in may 2016 and filled consent form in same month. I joined that organisation in june 2016 after giving 30 days notice to my previous employer. Not sure when my co. started by BGV and after 6 month in dec. 16 they told me to resign as they were not able to verify 1 of my previous employment and I do not have proof of employment with me. 1) Just want to know for how many days consent form is valid (In US it is valid for 30 days only not sure about India). 2) Is it important to sign manually on consent form or e-signature is also valid. 3) Is there any law in India that BGV needs to be completed before employment start date or it can be done anytime.
Preetam
13 February 2017 at 18:54
Respected Members,
2 month earlier i joined a company and day before i was about to get my first month salary they asked me to sign Bond. i signed because rejection was going to lead Termination of Employment. they said to mention the joining date on the bond.
i received 13000 net total consideration from the company in last 2 month but now due to some misunderstanding i want to leave the company.
Now they are sending me mail mentioning leaving company will lead to pay Rs. 1 Lac.
What should i do now?? i dont want to work there anymore nor i can pay the bond amount.
Ranvir
13 February 2017 at 10:12
From last 9 months im working with one of the university in Delhi NCR. LAst week when i went to my manager for appraisal, he told me that he came to know from my colleague that i have said bad thing about him eg like he only like girl to be in his department and all. When i refuse then he said if he prove then you have to leave. He called one of the female staff, during the conversation she said she was not present but she heard that he said for u, then boss called another female staff. When he asked her even she said that someone told her. When i said it did not prove anything but boss is not ready to listen anything. I would like to know can i register mental harassment case against these two female staff for providing wake complaint about me.
Validation of notice period
If any employer release the circular regarding the extension of notice period in second week of any month & write as effective from 1 st date of that particular month,is it legally valid?
My bro resign on 6th feb & HR dept mailed the circular of extension of notice period from 1 month to 3 month on 8 feb,simulteneousely ask my bro to continue the duty for 3 months,is it legally valid ?
Pl, suggest wht to do in this case ?
(They may hold his PL-money,gratuaty,etc)