Maheshvjti
11 November 2015 at 11:24
Dear all,
I wish you and your family HAPPY and Prosperous DIWALI.
I need your expert opinion / advice about gratuity eligibility for employee working in software company which works 5 days in a week.
I found many answers to this query and at the end I am not clear if 4 years 190 days criteria is applicable or its 4 years 240 days.
According to gratuity act even though it's mentioned under section 2, the interpretation of these criteria's are taken differently by company HR and employees.
I need your expert advice so that it can be justified to company HR person.
P.ESAKKIMUTHU
10 November 2015 at 22:36
In a case of alleged misconduct of absence from duty from a particular date, the daily rated workman was terminated without any enquiry. In the Labour Court no evidence was let in on the side of workman as it is an admitted fact of termination for absence without any enquiry . The Labour Court among other things held that non examination of workman in the witness box is not correct and hence dismiss the case against the workman. I am gong to file a writ in the High Court.Before that i want to know from experts that is it necessary to examine the workman as witness for his termination without enquiry.Is it the findings of the Labour Court correct that non examination of witness is incorrect to prove his case of termination
Naveen Kumar
10 November 2015 at 17:38
Hi Sir,
This is Naveen Kumar, on 19th June I joined Ltd. Company in Gurgaon and in August Month I got a notice that due to Project Roll off I will be released by the company after 30 Days. Now My query is "The offer letter which I signed with the company having 90 days Notice ( Paid in advance or 90 Days Prior Notice) but company gave me 30 days Prior notice. when I show the 90 days Notice period Notice to the company then HR Team told me that its Project Roll off case and I will be paid only 30 Days Notice only but there is No such condition Mentioned in the offer Letter. Now please suggest me what Can I Do to get my complete 90 Days salary.
Regards,
Naveen Kumar
sudip jain
10 November 2015 at 12:51
Sir
Mere office mein 3 boy work karate hain. to kya mujhe boys ka kahin par registration yaa insurance bhi karaana hoga .
Rajan
09 November 2015 at 16:39
Sir,
As my son doing courier private booking agency underThe Franchise of a leading courier company .
One of his clients parcel booked by him value of RS.62,000/- send through the leading courier company not delivered to the consignee. And in the leading courier company website in tracking report it shows in transits (UNDER INVESTIGATIONS).
Leading courier company not responding and they are informing, as per their printed booking AWB("minutely printed") terms and conditions on a consignment bill without insurance at the time of booking company will not be liable for any losses and damages.
At the same time Client booked the parcel asking harassing my son to deliver the parcel or returned to them. Or otherwise they will send legal notice to my son and claim the amount value of the parcel or deduct the same in his service bill. And also threatening and harassing him every 1 hour through his mobile they will give complaint to local police station for further action.
But the parcel’s details are still showing in the website of the leading courier company “ IN TRANSIT”( Shipment Under Investigation )
Requesting your concern please help how to resolve this critical situation from both side.
Expecting yours kind consideration in this regard.
Thanking You,
Sincerely,
Rajan.
Sudhir Ranjan
08 November 2015 at 16:03
Query regarding Implementation of penalty-
1. I am an officer of ‘Indian Railway Service of Electrical Engineers’ recruited through Union Public Service Commission’s ‘Engineering Services Examination-1982’ held in Aug’1982. I joined the service on 27-02-1985 along with other officers of IRSEE-1982 Exam batch.
2. In 2002, a Memorandum of Charges’ (Major Penalty Charge Sheet – SF/5) was served to me.
3. The case was finalised in July 2005 when the Disciplinary Authority imposed the penalty vide his order dated 25-07-2005. The relevant paragraphs of the Order of D.A. are as below-
“ 13. In view of the above, I hold both the articles of charge proved against Shri Sudhir Ranjan and hold him responsible for serious misconduct mentioned above. Ends of justice will be met if a penalty of ‘reduction by two stages in the same time scale of pay for two years without cumulative effect,i.e., which will not have the effect of postponing future increments of pay’ is imposed on Shri Sudhir Ranjan, SrDEE/TRD/Dhanbad, which I hereby do.
14. Accordingly, the penalty of ‘reduction by two stages in the same time scale of pay for two years without cumulative effect,i.e., which will not have the effect of postponing future increments of pay’ is hereby imposed on the said Shri Sudhir Ranjan.”
4. An appeal against the above penalty order of DA was submitted by me on 26-09-2005 which was rejected by the Administration subsequently.
5. At the time of receiving the charge-sheet in late 2002, I was working as Sr Divisional Electrical Engineer at Dhanbad, in Selection Grade,i.e., in the grade 14300-18300 (5TH PC scales).
6. In 2004, promotion of officers of IRSEE (1982 Exam batch), to Senior Administrative Grade (SAG), were started. First officer of the batch was promoted to SAG on 21-05-2004. The officer just below me in the Seniority List of 1982 batch was promoted to SAG on 30-03-2005. However, I was not promoted due to the pending charge-sheet. Although I requested the administration to expedite the early finalisation of charge-sheet, it was not taken due care.
7. The charge-sheet was finalised on 25-07-2005. On implementation of penalty order dated 25-07-2005, my basic pay was reduced by 2 stages (i.e., by 2 increments) and frozen at that level.
8. After completion of penalty on 24-07-2007 , I was promoted to SAG on 03-08-2007. My pay was fixed at 18400/- in the scale 18400-22400, from 29-8-2007, when I actually joined as Chief Electrical General Engineer, at Bilaspur (CG)
9. I submitted a representation to Railway Administration stating that since the penalty was with non-cumulative effect, I should be given pay equal to my junior of original 1982 batch seniority list.
10. The Railway Administration replied that as per Railway Board Establishment Circular no.RBE 89/2005, such parity of pay will not be given to me, but my seniority will not be affected.
11. Upgradation of IRSEE 1982 Exam batch officers to Non-Functional HAG has been declared w.e.f. 29-07-2015. My name is not there in the list.
12. I have learnt through some reliable sources that my seniority has not been maintained at my original place with 1982 Exam batch, and has been reassigned with the batch whose promotion was in progress at the time I was promoted to SAG, i.e. , in Aug’2007.
13. This action has resulted in following additional implications, apart from my pay being reduced by 2 stages for 2 years ( which I would not have suffered, had this reduction not been there)–
(i) Less pay throughout, and smaller increments, right from the date of expiry of penalty, till date.
(ii) Loss of NF-HAG upgradation along with my juniors.
(iii) Expected delay in other career opportunities throughout my remaining service.
13. Is it correct implementation of a penalty with non-cumulative effect given by DA, as stated at para 3 ? Do I have any remedy ?
SUDHIR RANJAN
rishi
08 November 2015 at 14:19
Hi,
I am working as a contractual Network Engineer for a MNC org in Bangalore.after 6 mnths of Job now employer asking to do field work, H/W installment & even a technician work. which are not matched with our job profile & not informed me at the time of joining so i refused to do this. now my parent company &
employer asking to give resignation without giving me notice period. I think it's not my mistake that they don't have any technical work for which they hired me. So please tell me how can i resolve this issue.
ravindra kumar
07 November 2015 at 19:08
My relative was retired from irrigation uttarakhand and taking own pension as well as taking family pension after death of his wife who was died during her job period in education department uttar pradesh.it is possible to get both pension.
Bharat s karad
07 November 2015 at 18:01
Dear sir
What is the procedure for operating waiting list in govt sector job
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Resignation Issue
I am in the probation for just 2 months now I want to give resignation. Will I have to serve a notice period for 1 month as per company policy??.
First of all I haven't signed any appointment letter or offer letter or bond or agreement or any kind of documents with the company.
Please advice asap