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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Bachubhai A Monpara   25 August 2015 at 16:20

Pay protection in the same cadre direct recruit on probation

Respected members
I am in need of your guidance in the following matter:
I am working in the Junagadh Agricultural University and benefited with Career Advancement Scheme before 1.1.2006 from Associate Professor to Professor (PROMOTION) in the Pay sale 16400 -22400, which was in 6th Pay commission revised in pay band 37400-67000 + 10000 AGP and now I am drawing basic pay 69,720/- (59720+10000 AGP). To remove the world “PROMOTION” from my designation, I appeared in direct selection and have been selected as Professor and it equivalent post in the same pay band 37400-67000 + 10000 AGP in the same university, i.e. Junagadh Agricultural University with probation period of two years. I joined my new duty on 24.03.2015. Now, my pay is fixed as 69,720/-(59720+ 10000AGP) at 24.03.2015 with Date of Next Increment 1-7-2016. So, there is no monitory benefit due to direct selection, but I do have loss of one increment which was due on 1-7-2015 in original position.
Kindly guide me that pay fixation done by authority is correct or not. If no, then what should be my protected pay on 24.03.2015 and Date of Next Increment? Please clarify with quoting rules.
Thanks in advance....
Regards
BA MONPARA

Iqbal   25 August 2015 at 12:20

Notice period for off role employee

Hello Everyone,

I need your advice on the on notice period for off role employees. When i joined the organisation my notice period was 30 days as per my employment contract. But after completion of two years they are changing it to 60 days. Is this as per labour law Act or whether i should accept this condition.

Give me some act reference while replying and also advice me.

Regards
Iqbal
9999066277

Mallikarjuna yadav A   21 August 2015 at 15:55

Regarding the extension of services

Sir,


My father was going to retired in SCCL ( govt organisation in telanagana state) on nov-30 of this year and his appointment was based on his ssc certificate
my query was he was willing to extend his service to 1 year medically he was good is it possible to extend his service

praveen kumar   21 August 2015 at 12:35

Section 52 and 53 of factories act, 1948

Dear Experts



Section 52 of Factories Act says :
(1) No adult worker shall be required or allowed to work in a factory on the first day of the week (hereinafter referred to as the said day), unless—
(a) he has or will have a holiday for a whole day on one of the three days immediately before or after the said day

As per proviso to section 52 of Factories act - .." no substitution shall be made which will result in any worker working for more than 10 days consecutively without a holiday for a whole day".

Section 53 of the Act on Compensatory holidays.—
(1) Where, as a result of the passing of an order or the making of a rule under the provisions of this Act exempting a factory or the workers therein from the provisions of section 52, a worker is deprived of any of the weekly holidays for which provision is made in sub-section (1) of that section, he shall be allowed, within the month in which the holidays were due to him or within the two months immediately following that month, compensatory holidays of equal number to the holidays so lost.
(2) The State Government may prescribe the manner in which the holidays for which provision is made in sub-section (1) shall be allowed.


**** A factory seeks to declare a Sunday as working day.

The said Factory instead of giving holiday as per 52 (1) (a) seeks to apply Section 53 and to give holiday in lieu of the working Sunday beyond the statutory 10 days Limit.
Is it correct in doing so? Please enlighten as to when and how section 53 is operated?

J SRINIVASARAO   20 August 2015 at 16:26

Compulsory retirement after superannuation date

I am working in public sector bank. I was suspended in loan sanction case for no fault of mine. The inquiry was conducted and I have replied to the inquiry officers' report. Since the Management wants to give capital punishment, the disciplinary authority has given personal hearing. I have argued my case and submitted evidences stating I have not done any wrong thing. The Disciplinary authority has not delivered his order for more than 3 months.My personal hearing happened on 20th Feb 2015, My normal retirement date falls on 30th April 2015, My compulsory retirement order given 30th May 2015. My question- whether I can be issued compulsory retirement order after my superannuation. Whether I am normally retired since 30th April 2015 is my normal retirement date or compulsorily retired on 30th May 2015. What remedy I got? Can I approach High Court on this matter. Please give any citations in this matter.

sandeep   20 August 2015 at 15:42

Gratuity & leave encashment

Dear Sir,
I was working with a private university in Udaipur, I have worked there for 5Years & 10 months. According to the service rule of the university, I am entitled for gratuity and leave encashment.
I had submitted the application to the Registrar of the university for the same.
But after sending so many mails, they are not replying.

What I can do now, I would send them a legal notice, But I dont know how to send the legal notice, to whom I should contact.

jiten   20 August 2015 at 14:56

Non payment of salary

I HAVE JOINED A INFO TECH. CO.ON 05.05.15....N I TOOK LEAVE WEF 29.05.15 FOR 4 DAYS WITH MUTUAL CONSENT....JST AFTER 3 DAYS CO. SENT EMAIL REGARDING TERMINATION OF SERVICE.....REASON MENTIONED WAS UN PROFESSIONALS BEHAVE AS LEAVE WAS TAKEN IN 1ST MONTH.........I HAVE COMMUNICATED WITH CONSULTANT THROUGH WHOME REF I WAS EMPLOYED AS WELL AS CO.....BUT NO RESULT COME OUT........AT PRESENT NEITHER CO. IS GIVING SATISFACTRY REASON FOR TERMINATION OF SERVICE NOR GIVING SALARY FOR 24 DAYS........AND NO REPLY OF E- MAIL SENT BY ME MANY TIMES.......HOWEVER IT IS MENTIONED IN APPOINTMENT LETTER THAT CO WILL PAY 1 MONTH SALARY IF TERMINATED BY CO IN 1ST MONTH DUE TO ANY REASON.WHAT TO DO?

Reshmi p   19 August 2015 at 21:27

doubts on implementation if Supreme Court order

I am a lay man and I want to know what can be done to clarify doubts in a supreme court order and what can be done if it causes injustice to many.

neha rathore   19 August 2015 at 02:49

can any case for mental harassment be brought against the co

Hi, i have been working with a company for 2 years until July 9. I have served my resignation on 26th June and served a notice period of 40 days wherein only 1 month notice was mentioned in the 4 letter. Now after my resignation a new project arises for which the director's request me to stay, but since they dont agree my conditions about remuneration i leave after serving my notice period. There is no formal commitment made for the extension still my releasing letter and experience letter includes phrases that i backed out after committing. Can i send a legal notice against the company for mental harrasment and exploitation. Do i have any case here. Please advise.

Abhishek   18 August 2015 at 19:55

Notice period in probation

Hi, I am on probation period of 2 years from 27nov2014, as a graduate apprentice trainee based on a contract, saying, "fixed contract basis from 27nov2014 to 26nov2016".

now i just dont want continue in this job, I am resigning but as per my contract,

"during the traineeship period you will be required to serve a notice period of one month at the time of resignation. In case the company decides to terminate your contract, except for cases of indiscipline, misbehavior and nonperformance, similar notice period of one month shall be applicable. the company solely at it discretion can reduce the notice period after deducting or compensating the basic pay as the case may be in lieu of the notice period."


now my question is, i am a trainee and i have not even completed 9 months, how much notice period should i give? I am ready to pay in money as i can serve only 14days more.

I am right now in bhuj,gujarat,India.


please guide me. I have to write that in my resignation letter, it is drafted just i have to place the dates. I am already late in giving this.