Zoheb Khatri
01 September 2016 at 03:28
Good Day Seniors,
Kindly enlighten why BPO/KPO / ITES Company are comes under Shop & Establishment act and NOT under Company act?
Thanks
sunil
01 September 2016 at 03:05
Dear Sir,
1.Can a person of 60 years or more can be employed on Salary?
2. Whether that person can be given HRA as a part of employment contract?
3. Whether the salary paid to such person will be taxed as Salary Income and TDS will be deducted as Salary Income or at a rate applicable on professionals or any others?
4. Whether any law of the land prohibits or bars employment of a person of 60 years or more as an employee in an organisation where normal retirement age is 60 years.
R K SINGH
31 August 2016 at 23:20
Dear Sir,
There are 3 grades under GR. B Non-gazetted Service under Central Board of Excise and Customs- Inspector(Central Excise), Inspector(Preventive Officers) and Inspector(Examiner). Inspector(Central Excise) works in Customs, Central Excise and Service Tax Commissionerates and other two works only in exclusive Customs Commissionerate. There is provision in recruitment rules for absorption in a transfer of an Inspector from any Customs Commissionerate to an exclusive Customs Commissionerate on direct absorption basis on transfer on request in direct quota vacancy as direct recruitment are considered in the public interest as per guidelines of DOPT and on absorption basis service is counted. In my case I was working in the post of Inspector of Customs under a Customs Commissionerate in the grade of Inspector(Central Excise) and after 5 years of regular service, I joined in the post of Inspector(Preventive Officer) under exclusive Customs Commissionerate through direct recruitment. I want my previous service to be counted for the purpose of eligibility(not for seniority) for promotion to the post of Superintendent which requires 8 years of regular service in the grade. My plea is my recruitment is also direct recruitment and in public interest only, then my service in the grade of Inspector(Central Excise) but in the post of Inspector of Customs should be treated as equal to the Inspector(Preventive Officer) under Customs as there is not a single difference in the duty of two grades under the Customs department. It is pertinent to mention here that seniority are maintained at Commissionerate/zone basis and absorption on transfer is also treated as new recruitment but in that case service is counted for eligibility not for seniority. It means that only eligible candidates can be under zone of consideration and if a senior is not eligible, he will out of consideration zone. I want to file a case. Please suggest me.
AMITABH KUMAR
31 August 2016 at 07:14
Sir , First I m selected in assitant loco pilot 2012-2015.
Now i m joined JE in Railway by technical resignation.
So plz tell me what allowances i got
mubashar-us-saqib gill
30 August 2016 at 05:37
A man was apointed as comp teacher on contract basis in a school in 2004. Due to some ailment he lost his eye sight in 2008 during services. He did not properly inform to the department, so got regularized as permanant teacher in 2010. His ACR's are signed and verified as satisfactorily job done by his superiors. Students result are very good. Now the department has initiated proceedings against him that he is totaly blind so cannot continue his services. Is department justified and blind employee don t have right to serve his pupils. Plz refer case law also. Thanks.
Gayatri Sontakke
29 August 2016 at 14:19
PF liability of an employer fr a daily wager working for 2 days or 4 days
Swagato Roy
29 August 2016 at 13:40
Dear Sir/Sirs,
Are non aided Educational Institutions governed by any Trust considered as industry under Labour Law in India?
With regards
Swagato Roy
subhra123good
29 August 2016 at 11:58
Sir, Whether relieving or experience letter is must in contractual employment? i have worked for 1.2 years and properly resigned from job and there was no notice period.no dues from my side is pending, but my 18 days salary and pf is pending with the company.now if i join a new company whether relieving or experience letter is must? i have my offer letter,salary slips and resignation letter with me.
RITESH RANJAN
28 August 2016 at 21:47
Learned Sir/Madam, I serve a Central Govt. dept. and at the time of event was residing alone at my place of service. Recently in the month of May, I had to depart to my hometown due to severe sickness, as hospitals here denied to admit me without any attendant post which, I departed after giving intimation in this regard to my Controlling Officer via SMSs and conveyed verbal communication through his Work Assistants in this regard with a humble prayer to Condone my Absence also. In response to an RTI, he has admitted to receive the communication but, refused to confirm the date of receipt, which can be easily verified by the SMSs and testimony of those Work Assistants. Even after that, he issued a Memorandum reg. Unauthorized Absence and sent it to my permanent address. I don't contradict this. But, what has hurt me immensely is his act of pasting the same on my Govt. residence at my station of service, which has caused grave defamation and extreme sense of humiliation to me. Kindly guide 1. Whether the act of pasting the letter on my residence was good and justified in the eyes of Law? 2. What are options available before me in such conditions? Please help.
I shall remain grateful.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Employment of a person of 60 years or more in an organisatio
Dear Experts,
Need your expert advise on the following:
1. Can a person be employed in an organisation as an employee on fixed period of 2-3 years or more on Salary basis where the normal retirement age is 60 years?
2. Is it mandatory to have a time gap in re-employment of a person who retires on a particular date?
3. Whether HRA, CONVEYANCE ALLOWANCE, MEDICAL ALLOWANCE , medical benefits, Leave ( casual, medical/ sick, Earned Leave, benefit of Provident Fund etc. can be given to a person who is so employed or re-employed?
4. Whether contribution to National Pension Scheme can be made by the employer to such employee who is/ was already a member of NPS of that organisation and the organisation has opted for extension of 10 years in his membership of NPS?
4.1 Is there any legal bar under any Indian Laws to give or not to give any of the above or all the above benefits to a person of more than 60 years?
5. Whether the amount paid to such employee be taxed as Salary Income or professional or other contractual income and TDS deducted accordingly?
6. Is it illegal to employ a person of 60 years or more on Salary basis?
6.1 Whether it is must to employ
that person on contract basis and pay him fee only?
7. If such person is engaged other than on Salary basis, whether the amount paid to him will attract Service Tax on the amount paid.?
8. Advise generally on the precautions to be taken in employment / re-employment of a person of 60 years or more in the same organisation from where he retired in attaining the age of superannuation (60 years).
My email id is :
ceo@jghdelhi.net
saggarsk@ gmail.com
My mobile number:
9810137732.
Since, the matter is urgent, your early advise is requested.
Thanks and regards fir your advise.
Sunil Saggar