Anonymous
02 November 2015 at 17:10
Dear experts ,
I am working in software company in navi mumbai as software engineer. I joined as fresher in june 2014 and neither any person work under me nor report me nor I advise anybody. Now I got a much better offer in Noida , also my home town . My appointment letter with current company reads "either party can terminate service by giving two months notice or the payment for said period. Before relieving you have to complete the assigments pending" . Currently I donot have any assignment. New company asking me to join in one month time and ready to pay for buyout as mention but not ready to extend joining beyond more than 1 week further . I resigned on oct 20 and requested to relieve me in one month and pay for 2nd month, company is not accepting it saying its company's discretion yo accept it or not. They are not adjusting 16 leave also that i have. Manager has become rude to me , and reluctant not to relieve before december 23 , when I asked reason on mail , he is denying saying its management decision , we cannot tell the reason on mail. Though he is telling orally that new resource will come and when i will train him then only they can leave me.What options are available to me ? I live alone in mumbai , being a female , please suggest if I could approach labor commissioner office or inspector under shops and establushent act ? In similar case bombay high court has given decision in employee favour in 2008 . Please see www.dnaindia.com/mumbai/report-hc-upholds-buyout-of-notice-period-1196417
Regards
Sweta
jayesh shah
02 November 2015 at 04:24
Subjet: Technical Resignation formalities from one gov. department to another for same post same grade pay.
Questions: Is it necessary for any government employee who resigned from Tax Assistant post from CBDT (Mumbai) on technical
resignation and to join another CBDT (Gujarat) as same post (Tax Assistant) same grade pay (Rs 2400) to follow new joining
procedures like document verification, Police Verification, Medical, Identity Certificate, Character Certificate,
Attestation form etc again (as all this joining procedures have been done at first appointment and the same are recorded in
service-book).
Details: I am working as Tax Assistant CBDT Mumbai ( selected through SSC CGL 2012). Now i am selected as Tax Assistant in
CBDT Gujarat ( through SSC CGL 2013). At the joining time in CBDT Mumbai all joining procedures like documents
verification, police verification, medical etc are done. Now i am about to join CBDT Gujarat soon. I have already get all
clearances like vigilance, finance, bank or any other loan/recovery or due. I am about to get relieving order from my
current dept. CBDT Mumbai to join CBDT Gujarat as Tax Assistant and with same G.P. Are all this joining procedures required
to be done again like document verification, police verification, Medical, Character Certificate, Attestation form
submission etc. I am asked with my offer letter to fulfill all these procedure again like document verification, police
verification, Medical, Character Certificate, Attestation form submission.
It is my technical resignation through proper channel.
neeraj
01 November 2015 at 08:54
Sir I am in suspension from June and my dept lodge a fir against me in august I have taken regular bail. Now tell me what to do reinstate as dept officer wants bribe for that is there any rules of suspension of such a long time.
Nikhil Thorat
31 October 2015 at 18:41
I worked with Fergusson College, Pune from 1st July 2013 to 25th July 2015 as a temporary full time faculty as a replacement under faculty development program. I received my consolidated salary of 10 months for the academic year 2013-14 from UGC in January 2015. 18 months after joining the college. For the academic year 2014-15, my salary is still pending. I strongly believe that its ignorance of Fergusson College because of which I am not receiving my salary. Because now i am working in some other reputed college (i believe this name is irrelevant) since 3 months as a replacement under faculty development program and am receiving my salary from UGC regularly along with internal payment from my new employer. Fergusson College has never paid me for other internal activities such as internal paper corrections and internal exam duties for two years either. Everytime I visit college, I am sent back with innovative lies. I have all the documents to varify that i worked with Fergusson college and also did all my duties. How can I take legal support in this matter and receive my entire money? Please suggest.
rayu mahambare
31 October 2015 at 17:34
The Labour Court passed an order of clubbing two ULP Complaints together. The said order was challenged before the Industrial Court in Revision which was dismissed.
Whether the said Revisional Order can be challenged before High Court ?
Plz guide me in detail.
Thanx .
prakash
31 October 2015 at 10:59
Dear All,
Myself Prakash, I served for 3 yrs. 8 Months in MNC company, In my last increment letter Gratuity amount is included in my CTC and NOT mentioned about the service of 5 yrs.(240 Days) as per Gratuity ACT, Now my employer is denying to pay my part of contribution for Gratuity in F&F. Please help and advice.
Regards, Prakash
SIVAKUMAR
30 October 2015 at 22:09
Dear All,
I am shiva Working 4 years and 8 months in my current organization,Its a private Limited Company which comes under shops & establishment act having 6 working days per week.My doubt is if i will resign with 1 month notice period am i eligible for gratuity claim? If i am eligible for gratuity but my company says i am not eligible what should i do for claiming my gratuity amount??.
My company calculating gratuity after an employee rendered service of 5 years on his actual working days of service except CL,MEDICAL LEAVE,NATIONAL & FESTIVAL HOLIDAYS most probably he will not get gratuity for 5 years.Is it right as per the Act? if i get explanation for all my queries i will be very kind of you all.
Regards,
Shiva
Gyan Prakash Mishra
30 October 2015 at 18:02
We have engaged lot of contract labour and all the records are being maintained under the provisions of the contractor labour act. the factory inspector / chief inspector of factories are insisting upon to maintain the records as per factories act that means duplication of of work.
How to handle it?
Prasad
30 October 2015 at 11:02
Date:30.10.2015
Dear Sir,
SUB: Termination from SBI due to non disclosure of Pending Criminal case- REG
Before going into the details, please check the following data:
Date of joining as Probationary officer in SBI: 01.03.2011
Period of Probation: 2 years
Date of Probation extension (for 6 months) letter: 02.04.2013
(The extension is given after the completion of 2 years of probation and the reason is poor performance but not the non disclosure of pending case)
Date of Termination letter (Only after 1 month after Probation extension): 03.05.2013
Date of receiving Termination letter: 20.05.2013
I (Prasad KSNV) have completed M.Tech and joined SBI as Probationary officer on 01.03.2011 in my last attempt only. (At the time of joining in SBI, my age is 33 and I am OBC Candidate. For OBCs, 33 yrs of age is the last opportunity for entry into PSUs)
Before joining in SBI, I used to work as a lecturer in an Engineering College.
The year was Apr 2009 and I have intimated my wish of marrying one of our relative to my Mother. (My father expired previously and I am the eldest son in my family) But, my Mother did not approve my wish and fixed a marriage with another girl. I tried my level best to cancel the marriage but I could not. So, at last, as I don’t wish to marry against my consciousness and as I don’t want to do injustice to the girl I loved and also as I don’t wish to do injustice to the girl, with whom marriage was fixed, I finally told my Mother on the day before marriage that I will not marry. Even though, it was my fault to inform them in the last hours, because of my timid nature and family constraints, I could not have courage to tell the girl’s parents or my Mother well ahead of marriage. I dared in the last hours because I don’t want to spoil 3 lives because of my timed nature.
Aggrieved with this, the girl’s parents (who are from a political family) filed all fake cases against us that we have taken dowry before marriage from them and cheated them without marrying (Actually, we have not taken even a single pie from them. Further, we have paid around Rs. 1 lakh as we cancelled the marriage with them) U/s 417 r/w and 420. The Police, even though the girl’s parents did not produce any proof of our taking dowry, because of their political background, filed an FIR against us and ruined our lives.
I have never ever in my life had any experience with Police, Lawyers. As a result of which I had absolutely Zero knowledge about the rules and regulations in Police and Law.
Later, we were all arrested and sent to Jail. We got bail after 3-4 days and later after some time, the issue was settled among the elders around Aug 2009.
From then onwards till my joining in SBI, I did not receive any summons from court. So, I thought that matter is settled forever. This has happened purely because of my absolutely zero knowledge about the law.
So, while joining in SBI, I simply filled Nil in the columns of pending case, arrest etc as I thought it is a false case and that too a settled one.
But, I came to know that case is pending only when I received the summons from court in Oct 2011. When we approached the Girl’s parents, they told us that when they receive summons, they will tell that they have compromised.
In the mean while, in Dec 2012, I was given a show cause alleging Bigamy and pending criminal case and wanted explanation from my end by 31.12.2012. Actually I was never ever involved in Bigamy. I approached union leaders and they advised to close the case at the earliest else I may lose the job. I explained in detail about the false case, my ignorance of legal formalities, and my having a single wife but not bigamy and asked time for 1 month to show the proof of settlement of case.
I have also passed the confirmation test in Dec 2012 which is mandatory for Probationary officers
So, with the help of our Advocate, we have finally closed the case in Lok Adalat as a compromise with girl’s parents in Jan 2013 and submitted the copy to the Bank in the early week of Feb 2013 along with a request to condone my mistake of non disclosure of pending case.
I was anxious till 01.03.2013 as 2 years of probation is going to complete. After 01.03.2013,since, I did not get any information from Bank Local Head office in Hyderabad, I thought that Management pardoned me for the mistake and I was waiting for confirmation letter.
But on 02.04.2013, Probation extension letter was given to me citing poor performance but no mention about the non disclosure of case. I approached the union leaders and they said that it is a minor issue and management wants to give a small punishment only and I was assured that I will not be terminated. I was never indifferent to my duties and I have never received any complaints from my superiors either verbally or in written. Then, how can the Bank cite the reason like poor performance?? I think that Bank is convinced at this time that the explanation that I have submitted in Dec 2012 & Feb 2013 are justified and felt that since the case is settled, it is not important to remove me from service.
But on 03.05.2013, Termination letter was prepared and served to me mentioning non disclosure of pending case on 20.05.2013 with one month notice for separation. How can the Bank change its stand all of a sudden?? Just one month back, it did not mention about pending case and now, it is removing citing a pending case.
I filed the case in High court of AP,Hyderabad in Jun, 2013 for stay. But, I could not get the stay and the case is still pending in High Court of AP.
2 years have passed by and I was facing severe problems financially and mentally.
Till now, My case has not reached the Judge.
I request your good selves, whether I can win the case?? If Yes, How much time will it take to win the case??
I request all the elders (Lawyers) to kindly guide me and help my family
Thanking You,
Yours faithfully
Prasad KSNV
snunna3@gmail.com
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Charge sheet for applying the post on deputation.
I am Central Govt. Employee working in Karnataka. In same organization, training centre of UP Circle called for the post of instructor on deputation basis for which they have addressed to some Circles but not mine moreover Training Centre of UP hosted this notification on indiapost.gov.in website. I got the information from website and applied for the post of instructor on deputation basis in UP through proper channel but my administration has neither sent my application to Training Centre UP nor allowed me to give the interview. Now after one year my Region initiated action against me under CCS 1964 stating that you had caused inconvenience to the department as UP Circle had not addressed this notification to Karnataka Circle. I got mentally harassment and dishonored in the department.
Please guide on this matter. What the action can I take against the administration?