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
Rajesh
29 October 2015 at 20:32
facing dual employement charge.B company has terminated and wants recovery of salary.A company has also send show cause notice of termination and recovery of salary.In B company appointment letter dual employment word is not used anywhere.B company Laywer threaten for recovery within week else face criminal charges
kindly advice.
Omprakash Saroj
28 October 2015 at 23:19
Want advice on Dual Employment.
What would be lagal action
potter4
28 October 2015 at 18:48
Do we include allowances like HRA/medical/Conveyance/educational or any other compensatory/incentive while calculating overtime ? (Under maharashtra shops and establishment act/factories act?)
Can you refer to some latest case laws ?
Thank you.
JAI SINGH RAGHUVANSHI
28 October 2015 at 17:24
An employee of the company died while driving company tanker on his way to company. The tanker tumbled down the road while turning the curve road in great speed. The calculated compensation will be deposited in labor court or MACT Court. Can factory inspector filed case against occupier of the company. Pl reply as soon as possible. Jai Singh. Legal Officer of company
Anita
28 October 2015 at 10:34
Pls suggest action for my query :
Case :I have resigned from my previous org on 08/09/2015 giving 20 days notice & my last day at work was 28/09/2015.
I have already sent exit documents to HR on first week of October.(exit papers were sent by HR to me via email on last day of my work at 1800 hrs, may be to ensure that I do not get clearance from anyone & the process gets delayed further) I have asked him while submitting my resignation letter regarding the relieving formalities & relieving papers - for which HR had smilingly said that he will be giving my relieving paper on my last day. & later on the last day, HR remembers that there is no relieving paper for employees in probation period. I ACCEPT THIS, SINCE IN MY CURRENT ORGANISATION THEY HAVE ALREADY ACCEPTED ME WITHOUT RELEIVING PAPER & HAVE TOLD THEM BEFORE JOINING THAT I CAN ONLY PROVIDE ACCEPTANCE OF RESIGNATION LETTER MAIL.
Now after a month of resignation, when I ask for my Full & final salary settlement for September, HOD says they need a proper detailed handing over, I have already informed our HOD the very day of resigning, that I will be clearing my invoices first since I have only worked for 4 and half months there & expecting me to clear old invoices of 2013-14 is a way too much. What were the old ex-employees did during their clearance ??? How did they got cleared without clearing their old invoices. I have not kept any of my work pending.
I HAVE ALSO TOLD MY HOD THAT I WILL BE HAPPY TO GIVE PROPER HANDING OVER IF ANYONE TAKES UP MY EXISTING JOB IN HAND.
IF AN ORGANISATION CANNOT GIVE RELIEVING PAPER DURING THE PROBATION PERIOD, HOW CAN THEY EXPECT ME TO PROVIDE DETAILED HANDING OVER.
KINDLY SUGGEST WHAT SHOULD I DO TO TAKE MY SALARY DUES.
NAVRATAN MITTAL
27 October 2015 at 23:02
Sir, please tell me that if a person is appointed in a state government service at a permanent post on probation of two years, then whether he will have a lien on this post if he resigns on technical grounds for central govt. service before completing his probation of the previous post in the state govt. service. In the Rajasthan Service Rules it is mentioned that on substantive appointment to a permanent post a person will have a lien of that post for two years. In this regard whether the appointment of a person on permanent post on probation of two years will be deemed as a substantive appointment on permanent post for the purpose of lien, if he resigns on technical ground before the completion of probation
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Gratuity is included in ctc
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