Amaresh Patel
31 January 2016 at 20:58
Am I eligible for getting special leave for submission of my defence statement /brief in rule 14 enquiry. If yes whom to write the application IO/LEAVE SANCTIONING AUTHORITY
Isaac Gabriel
31 January 2016 at 17:49
The date of birth of an employee was recorded as 19-12-1945 at the EPF office. But his actual date of birth is 19-12-1944. The mistake has been traced only now as the employee applied for weightage in pension.The EPF office refuse to correct its records stating there is no provision for making corrections after a lapse of 12 years.The EPF Appellate Tribunal also declined stating such cases are not taken up at the Tribunal. What is the remedy?
Chaitanya
31 January 2016 at 15:11
Hello all respected experts.
I have queries relating to a case. I wanted your invaluable opinions on this case. Would be highly obliged.
In an organisation incorporated under the Companies Act, 1956; there was an employee who was appointed as the Director of Academic Research. He was appointed in the London Branch of the organisation. The organisation was an academic organisation that was for profit and had the business of coaching students.
He was employed on a contractual basis for a minimum of 3 years and he could not leave the organisation before 3 years as per the terms of the contractual agreement signed by Mr. A, the appointed director of Academic Research and the management of the company.
It is clearly stated in the agreement that Mr. A has to complete a minimum period of 2 years before deciding to resign and has to give a notice of 3 month before resigning. And it i stated that if any dispute arises pertaining to any term in the agreement in future, the matter shall be referred to arbitration wherein 3 arbitrators shall be appointed. One from the employer companies side, one from Mr. A's side and the third arbitrator will be appointed by these 2 arbitrators so appointed.
Mr. A was appointed in the company in December 2012. After 31st March, 2013, Mr. A stopped attending the meetings and was served notice to attend the meeting on 10th June 2013. On 15th June 2013, Mr. A sent his resignation to the company, which is before completion of 2 years from his joining.
The Company, in a responsive against this act of Mr. A, which violated the arbitration clause, appointed an Arbitrator from it's side and sent a letter to Mr. A for appointing his arbitrator. Mr. A did not reply to this notice.
Mr A had access to the proprietary notes and material information of the organisation and concerning the safety of these documents, the employer organisation approached the Bombay HC and pleaded this fact. Mr. A rebutted that Bombay HC has no jurisdiction as Mr. A is a British national.
The company revoked it's pleading and filed the same in SC of India. In it's pleading before the SC, the company stated that that Mr. A should not misuse the documents and that he should appoint an arbitrator from his side as per the provisions laid in Arbitration and Conciliation Act, 1996.
Mr. A says that his services are not of commercial nature and that he is an employee of the organisation and that his services are not commercial in nature.
I would request the experts to guide me as to
i) what pleadings can Mr. A put before the
Hon'ble SC of India?
ii) Are the pleadings of the employer organisation before the SC justified?
iii) What are the actual legal rights and obligations of each of the parties?
The organisation is the Appellant and Mr. A is the Respondent in this matter.
Mrs.Ramya.K
31 January 2016 at 11:29
My friend was worked as contract worker and the company deducted PF. unfortunately the company terminated in 6 months(165 Days). So he went to office to submit his PF claim form. But the HR said you are not compleeted 180 days (From JUNE 15th,2015 to 31st Nov,2015 165 days). it was not possible to claim if at all submitted it will be rejected by pf. recently he joined in other company their he don't have PF facility. Advise him what to do?
b kumar chsndrs
30 January 2016 at 16:28
sir,
This b kumars, working as a tech. I joined railway in febuary, 2013. I applied for this post both railway SERly ERly in Dec, 2012 asper adv. minimum qualification M.P. and I.T.I. My H.S. was completed in 2008 but unfortunately I didn't mentioned in in my application form. I had been selected first Southeast Rly 2013. At the time of Attestation and document very vacation I had closed HS certificate and P.V.R the H.S. certificate . I had been farther selected Eastern railway at same post . I had took technical resignation and joined Erly2015 . but at the time of (E.RLY) attestation I informed about my H.S .they ignored . When I got the job, my dealing clerk didn't add my H.S. qualification in my service record as I did not mentioned it in my application form. Now please suggest me how can I add my H.s. qualification in my service record. What should I do?
.my service continuing from S,E.rly to Erly. My service book will come from Southeastern rly to ERly .i applied W.P.O for adding H.s. certificate but ignore to revived to accepted my request letter. . eastern rail way sent farther P.V.R. M.P. and iti can it problem P.V.R. without H.S.. Shall i be punished suppressed fact .how I add my h.s. or how mercy for my mistake .my dealer always threat about disciplinary action.
please give suggestion to save this problem . i am a55% disable person.
Rajesh Kumar
30 January 2016 at 13:23
Hi Expert,
Recently I joined TIME Institute for Staff Selection Committee Exam coaching. Key points are as below.
1. TIME does not have concept of demo classes.
2. Student can attend class only after paying first installment fees or full fees.
3. So I paid fees using my Debit Card and was required to fill the form wherein it was cleared mentioned "Fee once paid will not be refunded. As demo was not available, I was forced to pay fee to attend class.
4. After attending class, I did not feel comfortable as they were taking class in fast manner.
5. So i discontinued batch.
6. When I asked for refund, they are saying in Form it was cleared mentioned, there is no refund.
Can you please let me know can I get any Legal aid in this regard.
Thanks & regards,
Rajesh
loyaarajesh1987@gmail.com
c v kumar
29 January 2016 at 20:43
Sir, I want to know if Oriental Insurance is a public sector organisation and it follows GIC(CDA) rules 1975 have been gazetted or not, further i want to know if it is not gazetted can it be enforced on its employees.
b kumar chsndrs
29 January 2016 at 20:39
I applied in both railway E.R. and SER as M.P.and ITI minimum as per adv. Unfotunatly i miss to mention about my H.S. . I had been selected first Southeast Rly southeast and kol RRB had attached attention from and pvr H.S. certificate .it is only closed my service file . Ihad been farther selected Eastern rail at same post . I had took technical resignation and joined Erly but at the time of attestion I informed Erly about my H.S. qualification but they ignored as per my application .my service continuing from Serly to Erly. My service book will come from Serly to ERly.i to applied wpo for adding H.s> certificate .but ignore to recived to accepcected my requst letter. . eastern rail way sent farther pvr madhy mik and iti can it problem pvr without H.S.. Shall i be punished suppressed fact .how I add my h.s. or how I save to it. Dae of joing 2013 (serly).after tecnically regine farther posting e rly 2015. Mp 1996.H.S. 1998. how i mercy for my mistake
Bharat chhabra
29 January 2016 at 16:42
Hello My name's Bharat.Recently i got a job in a big company.Surprisingly,On my first day they called a lawyer and asked me to sign the bond for 1 year.If i would breach it,I have to pay 1lakh to the company.However I did manage to dodge them on my first day.And i have my plans to migrate to canada from the september this year.So,I won't be able to complete the 1year of bond.So,I want to know if i would breach it,Would they have any chance to take any action against me.Please help me.I'm confused.
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