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Member (Account Deleted)   09 April 2016 at 18:51

Dpc

Respected Experts

I work as TGT (Hindi) since 2000 with good APAR in one of the school run by Ministry of defence where for past 4 yrs no DPC has taken place. i am eligible and seniormost TGT candidate for Promotion. My querry is
1. Isn't DPC must be held every year as per rules?
2.if DPC is not held then can the authorities be held responsible for that and sued in the court?
3. can the eligible employee ask for seniority and salary benefit from retrospective effect?
4. Can the benefits from retrospective effect can be denied to me?
5. what course of action should i follow although this year i have begun with writting letters and before this only verbally this thing was projected by me to my seniors visiting the school?

rohan singh   09 April 2016 at 18:09

termination

Hi.
My name is Rohan. I was working with LIC of India as development officer (DO) since nov 2010 and now I have been terminated from my service on 12th March 2016 stating that I was not able to justify my cost limits in 2014-15 as prescribed by organization regarding business which I have to bring for Lic.they have given me 3 months advance salary and now when I am asking for my experience letter ,
Noc and
pf accounts details,
they are not entertaining me and are refusing to give me Noc and experience letter.I am very much worried regarding my future carrier as I am only 33 now.I want to ask can I apply for govt jobs after termination from Lic and how to get experience letter ,noc and pf details from Lic.
Pls suggest.

Dr. Vinay Kumar   08 April 2016 at 16:30

Filing reply to slp ..

Dear Expert,

My case is related to ante dating of promotion of scientist post under FCS. I won the case in CAT and HC Delhi dismissed the WP(c) file by UOI. The Govt. after partial implementation of the CAT order and payment of partial amount, have filed SLP(Civil) CC in SC. A copy of the SLP is sent to me because I had filed a caveat. The SLP was file after elapse of 571 days since the order of HC Delhi. Should I file Reply to SLP before its first listing or simply I should appear on listing date with proper preparation. Kindly help with suitable and proper reply.

Regards
Dr. Vinay Kumar
Ex Scientist and Technical Director, GOI.

SHASHI BHUSHAN LAL   08 April 2016 at 12:31

Lien/technical resignation

Benefits of LIEN & Technical Resignation

mohd mahboob   08 April 2016 at 00:12

Interviewee allowance or travel allowance for candidate

please provide details which acts or law are come in interviewee allowance or travel allowance for candidate in private company

C Mohan   07 April 2016 at 12:27

Raising of fresh petition in industrial tribunal after quashing of writ petition in high court

Sir, it is stated that a writ petition was filed by me in the year 2009 for my illegal termination in High Court of Delhi. The same was put in "Rule" category after sometime of 2009 itself. I have also filed application for urgent hearing, but the request was not conceded by Hon'ble High Court and the WP was remained in "Rule" category.

Now in last month, I was able to quash WP of 2009 and granted liberty to file the petition in Industrial Tribunal. Sir, my one request is that opponent advocate raised an issue during the said hearing in the court that he will oppose petition -

(a) if filed in Industrial Tribunal for condonation of delay for the period from 2009 to 2016 and

(b) also oppose to file the same in Industrial Tribunal.

In this regard, it is stated that it is a fact that in so many occasions our office workmen cases were won by them in Industrial Tribunal and were challenged by Management in the High Court.

Kindly advise on above two issues please whether condonation of delay on the plea that "WP was pending in "Rule" category in High Court for so many years and urgent hearing was also rejected can work or condonation will not be given by Industrial Tribunal in the case.

Anonymous   07 April 2016 at 00:39

Implementation of Non-Compete Clause

Hi,
I joined my current organisation in Dec 2008. The joining letter I signed at that time did not have the Non Compete clause.
In past few months many employees including people from top management joined a competitor and they were not bound by that clause because it was never rolled out.

All of a sudden we received an email stating that with immediate effect i.e from 1st of the month non compete clause is implemented and it has been agreed that existing employees cannot join list of competitors for period of 1 year post termination of job due to any reason, else, the employee will be penalised appropriately.

My query is

1. Does any such clause exists, if so, can it be implemented without consent of employees and can it be directly imposed upon them. I.e. without signing any docs?
2. Are outsourced companies or BPO/KPOs bound to this law?
3. Can a employer penalise employee without signing any non compete related doc?
4. How do I tackle the issue?

Looking forward to get proper guidance on my queru.

Senthil K Nallasamy   06 April 2016 at 19:23

Dearness allowance and its calculation

For example, our Private Sector company was giving Basic (Rs. 3000) and DA (Rs. 3000) to the employee and there were only two components. We were paying the PF for the combined amount (BAsic + DA).

Now, in this financial year, I would like to revise this structure.


1. Is it possible to take away the DA completely and call it Special allowance? This means that my PF amount will be lowered. Is this accepted by law?


2. Is there a minimum hike year on year to the Basic as well as DA anywhere stipulated by Factories act or any other law?


3. For the new employees joining, can I get rid of DA? This means that the current and new employees will be on different structure. Is this fine?

raghavendra   06 April 2016 at 18:42

Pg

sir

please someone suggest me under what act paying guest bussiness should be registered leagaly, to pay tax and obtian loan from bank etc.


thanks

V.N.K. MENON   06 April 2016 at 13:23

Gratuity

a settlement has been arrived at between employer and employee for final settlement of industrial dispute. Since gratuity is protectedby statute, can it be contracted away by such a settlement; if it cannot be contracted away can he claim gratuity in such an event.

Shall appreciate valuable views of experts.