raghavendra
04 August 2016 at 19:20
dear sir
please anybody provide me the recruitment advertisement and bio data or application is differant. Bio data or application format will not speak the terms and conditon. the advertisement notification only speaks about the terms, against the terms of notified advetisment employer should not go and should not add any additional terms/clause in applicaiton format.please advise me.
thanking you
Raghav Sarkar
04 August 2016 at 17:43
I just completed my engineering in june 16. A coaching institute came for the campus placement in our college and selected me for the post of the faculty of Chemistry. They gave me an offer letter clearly stating my post to be Faculty Chemistry. But when i joined, they forced me to take maths and other subject classes and only on many requests gave me one Chemistry class but still forced me to continue with the maths classes as well. Now when i refused to continue with other subject classes, they terminated my job.
Also our college had rule that if you get selected by a company then you are not liable to sit for any other placement. Now since I was selected by this institute, i was not allowed to sit for other companies. Now this unjust termination has left me unemployed.
Can the institute be booked for wrongful termination and breach of contract? The problem is that they have not given me appointment letter. The only proofs i have are the offer letter and the bank account for receiving salary.
What's the advice of experts on this? Please mention the IPC section under which they can be booked.
RAMESH CHAND GUPTA
04 August 2016 at 10:08
I got retirement from Desein Private Limited after servicing the Company for more than 33 years, at the age of 70 years, on a senior position as 'Vice President' in June 2015. Company has transferred my services in the past, to sister concern "M/S OPG" probably in 1999 and again back to Desein, probably in 2001, without taking my consent, for Company's benefit, probably on taxation. The original Desein appointment letter served in 1982, does not have clause of any transfer. It has a clause of gratuity on retirement. The Company is not paying me full gratuity, treating transfers at new appointment. I could learn that if a Company transfers the service of an employee to its sister Company, all previously earned benefits in transferor Company, are also transferred to transferee company and there is no break of service. I could know that this has happened at the time of transfer in this case also.
It may also be known that Director - HR is an under-matric and has no knowledge of law at all. He is manipulating rules to his benefit, to probably drawing highest salary in the Company and retail his job. I have sent many letters to the President and Executive Vice President of Desein, but to no effect. They are not even responding to my phone calls. They are avoiding any contact with me to respond to my legitimate claims, submitted in writing, since July 2015.
Please guide me what are options available to me to recover my legitimate dues.
Anonymous
03 August 2016 at 20:59
Hi sir I left a job not serving the notice period and also sent my resignation letter through mail they are insisting me to come personally and resign , I was on probation just complete four months .If not they are threatened to legally. Will they fill case
Manish Verma
02 August 2016 at 17:11
Sir,
In the final year of Graduation(Regular) I joined Central Government Service. Sir I passed Graduation also with the prior permission from my department and included my Degree in Service Book also. Now I got to know that my attendance was short during the final year of graduation. But as my College has issued admit card I appeared after getting permission of employer.
Now I want to give graduation base competitive exams. Will it create any problem later. And what should I say in interview if asked about the same. Please help me sir.
B Singh
01 August 2016 at 13:33
Case was heard before conciliation officer who forwarded with his recommendation for sanction before the LC which is awaited for months due to employer having strong approach. As per ID Act Amendment 2010 can I file case before Labour Court directly and what is the procedure as presently due to no job my income dried up. Please advice.
PRADEEP KUMAR MISHRA
01 August 2016 at 13:16
Dear All,
Can a disciplinary proceeding be initiated by serving charge sheet without serving a show cause notice/explanation before the service of the charge sheet? Can any body give some case reference, preferably from SC?
Thanking you all,
with regards
Pradeep
Kamal Kumar
01 August 2016 at 12:28
Respected Sir/Madam
My wife is doing Government Job as a Junior Scale Steno typist around 20 years in the State of Punjab. Her Head of the Department is saying that I will conduct a Test of Stenography and whosoever secure merit in the test the Seniority shall be granted accordingly as Senior Scale Stenographer/Junior Scale Stenographer. Some Stenographers (Not Junior Scale Stenographers) who are joined the department recently and are far far junior to my wife shall also appear in the said test. They are more efficient and shall definitely secure merit. Which means that the length of service of my wife shall be ignored as the employees Junior to her shall be promoted to Senior Scale. The HOD said that I shall conduct the test after one month, as I am giving fair chance to all to polish stenography skill.
Sir/Madam my question is whether this act of HOD is legal ? if not then what to do ?
Avinash Kumar
30 July 2016 at 16:21
I am working in a private company. The company has not given me joining letter. What is its legal effect? What shall i do in such case.
Please tell me.
Thank you.
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Payment of subsistence allowances
Sir,
I am under suspension and was getting suspension allowances from October 2012 onwards.
I was working in AP , but company took me to MP and filed a criminal suit against me. After coming out on bail, I started remain in MP, where my family staying.
After making payment for 6 months, first 6 months 25% then 50% of wages per months, I was issued an amendment to original suspension order stating that my head quarter will be AP, where I worked. Original suspension order was blind one. My request for change of my head quarter from AP to MP also got rejected by my company, though my reasons were genuine in nature.
In the mean time, after 1 and half years company issued charge sheets to me for departmental inquiry. I attended and sought for certain documents as required to produce my defence. This was as per the rules of company. I was neither denied nor supplied these documents by IO. Even after various reminders. I stopped attending inquiry since non providing of documents to me .
Since I have not stationed at AP, company stopped my allowances also from april 2013. After reducing my allowances rate from 50% to 25% in march 2013.
Writ appeal was filed by me before Jabalpur high court in april 2013, seeking 1. Release of 75% allowances from april 2013 onwards and 2. To provide documents to me to give my defence. Otherwise for stay of inquiry.
Company gave explanation to high court that my allowances got reduced to 25% since I am not cooperating with inquiry. Non payment of allowances from april 2013 is due to non stationing at AP.
I have also given reasons for non stationing and not attending inquiry since it was being done one sidededly. also given before High court, the reasons for not reporting to AP and also the fact that my request for change of head quarter also got rejected by company.
I started reporting AP on the hope of agetting 75% wef april 2013 on 25.03.2014. But company started paying me only at 25% from 25.03.14 and nothing was paid from april 2013 to march 2014 24th.
High court gave judgement , but the directions were not specific on my allowances issue.
I have been directed to complete the inquiry. Company has been directed to give allowances as per rule.
I have completed inquiry and again from September 2015, it is still pending at my company side. No movements.
Company gave 50% from September 2014 and from January 15 75% and again NOTHING WAS PAID TO ME from april 2013 to march 2014.
I am still claiming the same but no response.
My query is : can I approach High Court again for specific direction for payment of wages at 75% wef april 2013 onwards or can I approach supreme court on the basis of earlier court verdict. I am facing a huge financial crisis . please advice. Thanks in advance
srinivasan