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biswajit chakraborty   01 November 2016 at 22:32

Non realising salary

Dear sir

I am working in a design house named Impact creative services Pvt.ltd.for the last one year. From last

month the employer getting ferocious with me any time with least good cause. On 27th of October I was

absent for an emergency and I didn't call the boss. Every absenteeism is non payable here.
On other day when I enter the office I saw a new man working on my desk. Boss said you are terminated

and leave now.
Below is from my joining letter --
You or the company may terminate the services under this appointment without
assigning any reason thereof by giving one month’s notice or an amount equal to one month’s basic salary

in lieu of notice period to the other party.

when I remind him about that he said ok from this day you are on notice period, you can come one month

just sit anywhere in the office don't work and after notice period I will give you the salary.I told him

that this will be very embarrassing for me and he replied me that I deserved that. Then I asked him to

give me a written notice and he agreed after using some arguments. I waited two hours but he left the

office without giving me that notice and I also left the office bothering embarrassment.
On this day I luckily got a better job offer. So I joined there next day i.e. 31st Oct.
Now On day november 1 I asked him by phone for my due salary but he said if you take notice and do as I

said to you,you will get your previous salary else you will give me your resignation letter.I told him

that I don't want to do that.I asked him politely that I don't want the money without working but just

for sitting. so please give me my previous month's salary and give me realise letter from my duties. but

he abused and put down the phone.after that day he never taking my phone still now.
Is there any hope to get my hard earned salary back and I do want to workin my new company. I will do

anything for that.
please respond ASAP and Please help me out.

Thanks and regards
Biswajit Chakraborty

umesh HALKAR   01 November 2016 at 12:53

Service matter

Sir,
If Civil / Criminal (Personal) cases is running at Courts of Law then individual (Plaintiff) can apply application before court for withheld the Departmental(Govt)transfer unless & until final hearing on case filed.
2.If case is filed at CAT then individual (Plaintiff) can apply application before court for withheld the Departmental(Govt)transfer unless & until final hearing on case filed.

vinayak   31 October 2016 at 19:08

Repeat of my query with additional information

REPRESENTATION OF MY EARLIER QUERY WITH ADDITIONAL INFORMATION
Sir,
I am a science graduate, and I worked as an officer in a nationalized bank, and now I am retired from service on 29-09-2016.

Earlier to that I was having a housing loan a/c at a co-op bank, and I transferred that a/c to my bank, and my bank took over this liability of Rs 8, 30,000-00 from co-op bank as on 01-05-2016. This I done because our bank is having facility to deduct EMI [Rs 8650-00 p.m for 120 months] from my pension [Rs23,000-00 p.m] a/c and there is a HO circular to this effect.
Now I am retired and my PF and Gratuty are not released, because they want to close my housing loan a/c out of my terminal benefit as per terms and conditions of loan sanctioned. And as a verbal reply they informed me that, unless terms and conditions are altered by executing a Memorandum of correction document, they cannot help me. I put forward my representation many times to this effect, yet management could not take any decision till today, and till today it is an unresolved issue, and no signature of mine is obtained on any document.
I earmarked this amt for my daughter’s marriage. Without this amt my daughter’s marriage is impossible.
I transferred this loan a/c on confirmation by our chief manager of our bank, and under his confirmation to deduct EMI from my pension a/c.
I transferred this loan account to my bank to help advance manager to reach his target. Now it is proved that I am a fool in doing so, because now he is not even lifting his telephone, even when I dialed to his number many times.
Under this circumstance please guide me what is better for me.

Mr.V.A.Todurkar.
Retired Officer, Dena Bank,
Zonal Office, Bangalore
Date: 31-10-2016.

anirudha   30 October 2016 at 20:27

Reply to show cause letter

Sorry for the inconvenience caused to my dear lawyer friends, thought of writing a response myself with your help. However, I am quoting the entire text of the Show Cause notice for your advice. "Madam, It is found that you are not attending your duty from 17.10.2016 without any official information. The functioning of the office is jeopardized for this irregular activities. Please let us know the reason for such absence without intimation in duty to the undersigned within 72 hours of the receipt of the letter." Dy Suptdnt Xxx medical college & hospital Kolkata NB: She was absent due to her sickness, has leave in credit, produced a valid medical certificate from a registered medical practitioner after 5 days rest. She is 75% blind, had brain surgery in 1990. Presently in great emotional distress, hasn't happened in her carrier spanning 36 years. Please respond under West Bengal Service Rule.

GUTAM NIYOGI   30 October 2016 at 19:57

Employee Pension under EPF

I had superannuated from a loss making PSU at 58 yrs of age. I had served the company from 1.6.1979 to 31.3.2014. My basic salary plus da was Rs 95000.00 at the time of my retirement and was more than Rs 2500.00 on 15.11.1995. My erstwhile company defaulted in contributing the employers share of pf and pension amt. for the preceeding 9 mths prior to my retirement date. The company has subsequently contributed the default amts to EPF and EPS funds. My Pension under EPS has been settled at Rs.1196.00 pm in Oct'2016 after 2 n halfs years from my retirement date. My colleagues who had earlier retired with lesser pay and similar service tenure are drawing EPS pension of Rs. 2000.00 pm.
My queries are :
1. What is the basis of calculation for the above low Pension amt in my case.
2. Whether my pensionable service will be affected in view of the defaults by the company.
3.Whether subsequent contributions to EPS fund by the co. will be considered for restoring Pensionble service covering my entire service tenure.
4.Will i be entitled to additional 2 years pensionable service for retiring at 58 yrs and 20 years of service.
5.What will be my Pensionable salary post 15.11.1995 and past service Pension.
6.What legal options do i have and against whom for this depriving me of my proper dues.




isn121@gmail.com   30 October 2016 at 18:12

Maternity Leave

Sir, my daughter is working in AP state Government since last 3 & half years as a Grade 2 employees recruited directly through AP Public Service Commission. She blessed with Twins in First issue itself and both are living healthy. She availed maternity leave of 180 days. Now my daughter is pregnant. As per AP State Government G O, employees are not eligible for maternity leave if two children are alive. My query is it correct legally? If it is not correct what is the basis and whether there are any judgements of Honourable High Court or Supreme Court? If so may please give citations.

anirudha   30 October 2016 at 01:29

Reply to show cause letter

How to reply

Vinod KUMAR G   29 October 2016 at 19:50

Salary Hold

Sir I am working for a ltd company as Regional Manager everymonth our salary used to get credited on last working day, this month for all other staff it got credited on 28/10/2016 except mine. When i checked with company HR i came to know that it is holded. And they had not given any prior intimations regarding same and still i dont know the reason why it is holded, kindly advise what to do.
Regards
Vinod

vinayak   29 October 2016 at 17:38

Representation of my earlier query with add information

REPRESENTATION OF MY EARLIER QUERY WITH ADDITIONAL INFORMATION
Sir,
I am a science graduate, and I worked as an officer in a nationalized bank as an officer, and now I am retired from service on 29-09-2016.
Earlier to that I was having a housing loan a/c at a co-op bank, I transferred that a/c to my bank. This I done because our bank is having facility to deduct EMI from my pension a/c and there is a HO circular to this effect.
Now I am retired and my PF and Gratuty are not released, because, they want to close my housing loan out of my terminal benefit. I put forward my representation many times to this effect, yet management could not take any decision till today, and it is an unresolved issue.
I earmarked this amt for my daughter’s marriage. Without this amt my daughter’s marriage is impossible.
I transferred this loan a/c on confirmation by our chief manager of our bank, and under his confirmation to deduct EMI from my pension a/c.
Under this circumstance please guide me what is better for me.

Mr.V.A.Todurkar.