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Amit shrivastava   27 October 2016 at 14:33

Increment during suspension period

Sir A case register against mr. X on 5.05.2012, department directed him to go to support the investigation on 18.05.2012. When he present before investigation agency on 24.05.2012, they arrested him and send to Judicial custody . Meanwhile investigation agency filed the charge sheet on 30.06.2012. after filing that charge sheet Court bailed out him on 23.08.2016 then he narrate the case before department and joined duties on 27.08.2012. On 31.08.2012 authorities suspended him w.e.f 24.05.2012 then issued charge sheet on 13.08.2013 which was stayed by court on 18.07.2014. Mr X revoked on nar 2015 on the pay sclae of 2012.

Qustion 1. whether retrospective suspension is admissible in law
Question 2. whether this case comes under contemplated suspension.
Question 3.whether holding increment by way of suspension is justified in the eyes of law after filing charge sheet without issueng order.
Question 4. is Aincrement is admissible to him.

please give guidance on this issue

vinayak   27 October 2016 at 10:32

Not releasing my terminal benefit

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.

Member (Account Deleted)   26 October 2016 at 16:22

Noc requirement

it is kindly submitted that i have applied for ECL srd for pwd (ref no Ref.No. ECL/CMD/C-6/Recruitt./16/50) on or before10 may 2016 and there after i have got employment under rites ltd (PSU) on 3 june2016.
i am reproducing the point of advertisement issued ECL, heading no5 point (e)as
"(e) Candidates working in Govt. /Semi Govt. Public Sector Undertakings of Central/ State, Autonomous Body,
Aided Institutions should send no objection certificate (NOC) from the present employer along with application
form."
as at the time of applying i am no where in employment and now its genuine hardship i am facing due to NOC requiremnt of subsequent employment even after almost passing of 1 month of last date of closure of application in ECL i.e 10 may 2016.
no where mentioned in advertisement regarding NOC for subsequent employment after applying for ECL.
i can provide relieving letter at the time of joining and duly certified copy of resignation letter which clearly mentioning about the job in ECL.

but ecl prospective employer not ready to accept this and asking me to give noc.
my present employer does not know about this as i from my point of view they have nothing to do with this noc as ihave applied to ecl job before going in job in present employer.
please suggest remedy

Mrs.Sweetlin   25 October 2016 at 12:55

Non response from HR

My husband got offer letter from capgemini and was expected to join on 20th Oct,2016 at Chennai MIPL. But he was told that background verification is not updated and wil let him know the new joining date soon. But from then he dint receive any call or mail from the company. Also there is no reply for any calls or emails from us. How to deal with dis problem? Kindly do suggest the needful at the earliest. Because due to the joining here my husband also resigned the previous company he was working. Now he is jobless and mentally so stressed

Vinod Kumar   25 October 2016 at 05:08

Service Matter

Dear Sirs, Good Morning.

1. Retirement or resignation during suspension is possible ?

2. When employee under suspension died before finalization of departmental proceedings. What is the guidelines ?

3. Whether any guidelines to fix subsistence allowance during suspension ?

AKHILA MOHARANA   24 October 2016 at 19:57

pay anomaly

I am working in SAIL presently in executive grade. Joined SAIL in non-executive grade in 1996. In year 2007 pay scale was revised. For non-executive it was 21% MGB for a period of 5 years. For executives 30% MGB period was 10 years. I got promoted to executive grade in 2010 with one increment of 3% as per rules. Huge pay anomaly created with non-executive batchmate presently working as juniors, in year 2012 upon pay revision of that cadre. Whether I am eligible for the MGB difference of 9% or Should I claim for a revised BP from 2012. Plz advice...regards

anushree c bhattacharya   24 October 2016 at 14:11

Freelance work profile-payment

Hello every one,

I want to know about anybody have idea about freelance servicing knowledge/laws? It generally used to be at home or being a individual give any kind of service to the particular client and get paid.
I am a freelance designer. I generally provide online design services. It has been 1 and hf year to be in this professional background never faced cheats.
Three months before I met with one client. done so much works according to they required and when they assured I send the whole documents. But now after getting all documents they are ignoring me for payment. I want to know the proper legal way to reach with us the way they got to be in pressure to pay the payment.

jagadish paranjape   24 October 2016 at 11:31

Applicability of certified standing orders

Establishment A had certified standing orders.The establishment was transferred to other employer twice under Sec. 25FF of the I.D.Act
Was it necessary for new employers to get standing orders certified again or they continue to apply to new employers.
Regards.

Lokesh   23 October 2016 at 19:10

Resignation Not Accepted By IT Company

I am working in clover it service pvt ltd its located 381-AB, Nirman Nagar, Janpath Jaipur - 302019.. I was joined here at 11 july after 3-4 days they singed by me a bond for one year to continue job here.. now problem is that they mentally haress me through deduct my payment.. and they dont provide any Medical, PF policies since joining.. apart from this they deposit extra amount into employee account for save the income tax and take this extra amount by cash without any written document. So please guide me how can i tackle it..

They also dont relive me they says you have sign the bond so complete here 12 month at least.

AKS   22 October 2016 at 19:30

Judgement copy - it techie as workman

The Labour Court in Chennai has passed a judgment, which can set a precedent for many such cases in future. It has termed a ‘techie’ working with the software company, HCL, as a ‘workman’. This will bring the employees of software companies under the ID (Industrial Dispute) Act.

http://www.hrkatha.com/news/685-sacked-techie-wins-lawsuit-against-hcl

I tried to find judgement online with no success.

I would like to know how to get copy of this judgement as I am not resident of Chennai ?

If anyone can help me for the same will be great help.