karamsetty balaji
23 September 2015 at 22:42
CAT, HYDERABAD CONFIRMED MY RESIGNATION AS TECHNICAL RESIGNATION AND ORDERED TO COUNT QUALIFYING SERVICE FOR THE PURPOSE OF PENSION AND PENSIONERY BENIFITS. IN OA NO.178/99 VERDICTION DTD.23-02-2000. EVEN AFTER 15 YEARS PAST SERVICE WAS NOT TAKEN FOR DRAWING INCREMENT AND FOR FIXATION OF PAY IN THE NEW POST(DEPT. OF POSTS SAME DEPARTMENT). WHAT IS THE MEANING FOR COUNTING OF PAST SERVICE FOR PENSION AND FOR PENSIONERY BENEFITS. WHETHER THE PENSION CALCULATES ON THE LAST PAY DRAWN WITHOUT TAKING PAST SERVICE HOW COULD I GET THE PENSIONERY BENEFITS I.E RETIREMENT GRATUITY ETC.. AT THE TIME OF RETIREMENT. mY DOUBT IS INNER MEANING IMPLICIT IN CAT ORDERS i.e to take the past service for increment drawal, carry forward of leave, pay fixation in the new post. But, these benefits are not extended in my case so far. please guide me in this regard.
karamsetty balaji
23 September 2015 at 22:32
CAT, HYDERABAD CONFIRMED MY RESIGNATION AS TECHNICAL RESIGNATION AND ORDERED TO COUNT QUALIFYING SERVICE FOR THE PURPOSE OF PENSION AND FOR PENSIONERY BENIFITS (OA NO.178/99) VERDICTION DTD.23-02-2000. bUT, STILL MY PAST SERVICE WAS NOT TAKEN FOR DRAWING INCREMENT, FIXATION OF PAY IN THE NEW POST. IS IT CORRECT? PLEASE GUIDE ME IN THIS REGARD. WHETHER I AM ELIGIBLE TO GET THE PAST SERVICE AND ALSO WANT TO KNOW WHAT IS THE IMPACT OF JUDGEMENT ON MY PAY & ALLOWANCES IN THE NEW POST. AFTER 15 YEARS ALSO JUSTICE WAS NOT DONE IN MY CASE WITH THE CAT JUDGEMENT. PLEASE HELP ME.
durgesh chandra
23 September 2015 at 14:20
Sir
whether no objection certificate is valid after promotion,
kalyani vare
22 September 2015 at 23:49
What is notice period for employee in private limited company and proprietor base company?
raju
22 September 2015 at 19:29
In domestic inquiry if Enquiry Officer submits his report that dismissal is not applicable according to his finding, can Disciplinary Authority overrule the report of EO and dismiss the employee. What weightage than employee have in Labour Court.
abhishekpandey
22 September 2015 at 14:47
regarding a case of service matter someone suggested me advocate HARISHANKAR JAIN,of LUCKNOW HIGH COURT
WANTED TO KNOW how good is he ,and suggest some good service matter advocate as well.
plz reply soon
abhishekpandey
21 September 2015 at 23:54
regarding a service matter case,someone suggested me advocate Harshankar jain of lucknow high court , plz tell how good is he and suggest some other good service matter lawyer as well .
akhand
21 September 2015 at 20:37
Hello everybody, I need your valuable opinion as to what are the legal rights available to a women executive who was initially given appointment at Managerial level on probation period of 6 months which commences from 16.02.2015 and gets over on 16.08.2015 and after the expiry of probation period the executive has written mails and requested verbally to give confirmation to her appointment but despite that the Company is not giving her permanent status and when she demanded the same the management is putting undue work pressure on one pretext or the other and harasses her. She is working @ the package of Rs 6.50 LPA. Please advice what to do?
diksha
21 September 2015 at 20:34
sir
I joined as a po in bank of baroda on 6 July 2015. and i sign a bond of 3 lac for 3 years.now I am selected in ssc ,all the process of ssc took place before m joining in bank.now I want to leave bank and join ssc.
so what are the options for me regarding bond amount,how can I get my relieving letter with out pay bond amount?
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Seeking help in recovering terminal dues from my previous employer
Dear Labour Law Experts,
I want to know the provision & procedure under Shop & Commercial Establishment act to proceed legally under labour law of India against my previous employer.
I would like to brief about my case as below:-
I have worked for this company from June, 2014 to July, 2015 as Manager-Sales posted at at Kolkata and I was operating from my residence. I resigned from this company on 6th July,2015 due to differences in opinion during a meeting held at Gurgaon on 5th July,2015 and expressed my desire to serve a notice period of one month through mail. But instead of accepting my resignation, I was provided a letter on 6th July, 2015 itself stating that I have been terminated from the company w.e.f that day itself on the ground of "Summary Dismissal" alleging that I had earlier submitted forged, manipulated & fabricated fooding, lodging & travel bills and they refused to pay my legitimate terminal dues like leave encashment, notice pay, pending travel reimbursement and incentives etc. I have denied all the charges and sent a legal demand notice to my employer through a lawyer failing to receive the dues after repetitive follow-up & requests. After receiving the notice, they have replied through their lawyer and admitted to pay one third of the claim amount but denied to pay balance amount saying that since I was terminated under summary dismissal so I am not eligible for the balance amount and the above amount will be paid only after I handover some demo instruments. I have sent a rejoinder notice through which I have denied all the charges citing various incidents during employment and documentary evidence having not accepted any clause of this kind and also denied of having any demo instruments in my possession .But, they replied sticking to the above matter and threatened to proceed with a criminal case and pressurized me to withdraw my legal notices.
Company has only one registered office in India at Gurgaon,Haryana. I was posted at Kolkata and was operating from my residence. Salaries were being credited to my Kolkata Bank account.
I have following information about this company to share:-
• My Employer was Indian subsidiary of an US based MNC.
• Company has reported losses with Income Tax Dept. for FY 2013-14 & FY 2014-15.
• They do not give PF, Gratuity, Medical Reimbursement & LTA benefit to its employees rather offers salary as a consolidated amount.
• Company has around 10 employees in India and Sales Turnover is around 2 Cr.
My lawyer in Kolkata has asked me to consult a labour law specialist as according to him now I am left with two options; one, Money Suit which is time taking and involves cost and Secondly, could be Wind-up petition though it is not a recovery suit but I can recover the money which has been admitted by my employer since balance amount is disputed. But, he told that there is a provision under Shop & Commercial Establishment Act where there is no difference between Workman & Manager and since I did not exercise any power to grant leave, to initiate disciplinary proceedings and to make temporary appointments etc., I can be treated under non-manager category. He also told me that I can also claim for the salary loss with interest after termination ,till the time I am unemployed.
Requesting for your valuable advice on the various steps & proceedure under this act and plz let me know whether I can proceed from Kolkata or I have to consult a labour expert in Gurgaon seeing the jurisdiction.
Can anybody give an idea on legal service charges for filing a case with labour court or recommend a labour law expert in Gurgaon.
Regards,
Ani.