Shinde Pandurang
20 July 2015 at 17:42
Sir
I would like to ask you that to consider resignation on technical ground is there any criterion like completion of probation.
anil sharma
19 July 2015 at 18:56
hello
respected experts, two times of arguments heared by D.B tribunal and reserved the decission but failed to give the decission,because one of the double bench judge or adhiyaksh has transfered, now tribunal of double bench wants re hearing the argument but my advocate is not ready for the third time argument,
please suggest me, what is the legal treatment, I can take
thanks
subhendu rath
19 July 2015 at 14:07
a certain NGO secured an order from a High Court exempting it from the applicability of labour law. It was then overturned by another High Court after nearly two decades, taking no new fact into consideration. But the NGO concerned has continued to attach its exemption order with its contractual tenders and keeps getting labour-based contracts due to competitive advantage.
rachitp
19 July 2015 at 09:54
Hi,
I am working at Uttarakhand state owned PSU on probation period of two years(completed one year of probation). I have applied for extraordinary leave to pursue Masters degree(Rules defined for leave in Uttar Pradesh Financial Handbook volume II part 2-4 Rule 85 and subsidairy rule 157A(4)). The conditions are as follows:
(1) the government servant concerned has completed three years of continuous service on the date of expiry of leave of the kind due and admissible under the rules
(2) before grant of the extraordinary leave the government servant concerned gives an undertaking by executing a bond prescribed in Form No. 10 to the effect that he would, if required, serve the Government after returning from leave in the same post or in any other capacity as may be required for a period of at least three years and, in default, pay to Government an amount equal to ten times the monthly pay which he was drawing at the time of proceeding on leave, and other expenses, if any, which may be incurred on him together with interest thereon from the day following the expiry of the sanctioned leave at the rate of one per cent over and above the Bank rate in force on the first day of April of the financial year in which the leave may commence.
Now they tell me the ramifications caused by the EOL i would take:
First if I join back after leave and serve for minimum three years:
The probation would be extended and i will be put again on probation for 2 years(although i have completed 1 year of probation)
as a result my seniority will be affected and i'll be at the bottom of pool(I am at the 5th position of seniority) so impact on promotion
My increments will be kicked forward for two years so impact on salary sending me back two years in service(HUGE LOSS IN FUTURE!!!!)
The other if I wont serve for minimum 3 years after completing the leave(what i Intend to do):
I have to pay out bond mentioned above. the amount is ten times of current monthly salary i.e aroud INR 5 lakhs.
In addition the service bond for three years which i had given at the time of joining amounting to INR 1 Lakh also applies.
That makes 6 lakh bond amount if i leave.
And above all the Leave is without pay(which extraordinary leaves are)
Now the situation that I percieve is going for masters with EOL is a LOSS on every condition. Can anybody help me out by telling which of the conditions can be challanged or are invalid that are made up Hypothetically by the HR deptt. as other way of saying 'NO' to permit for leave.
Can anybody help me to come out of this No-Go situation???Also Is someone having power with whom the bond amount of 10 times salary be negotiated???
Asir
18 July 2015 at 22:55
As per the UGC letter dated 7th June, 2013,No:F.1-6/2012(PS) AND THE FOLLOW UP LETTER FROM DIRECTORATE OF HIGHER EDUCATION OF GOA WITH REF NO: DHE/MISC/2013/1935 DATED 17/07/2013, Study leave can be provided to a Assitant Professor to pursue higher studies. Now I am working in a University as a Assistant Professor in Physics. My qualification is M.Sc., Ph.D in Physics and I have completed three years of continuous service. Now I want to pursue M.Sc in other branch in regular mode(with/with out fellowship/Scholarship). Is I am eligible for pursue this degree under study leave ? In case I am not availed with scholarship to pursue this, can I get salary for this duration of this course ? I kindly request the lawyers from lawyers club to give clarification regarding this.
Saravanan Kumar
18 July 2015 at 22:52
I've resigned from my current employer, my notice period is 3 months. Either I can serve or buy out notice period as per appointment letter. I'm completing my one month notice period in next week. HR is non committal on my relieving date and not receiving reply also.
What shall I do now, the below is the point regarding my resignation.
"10. In the event of employee's deciding to resign from his services with the company at any time after joining, he has to give 3 months' advance notice to
the company in writing or pay equal amount of 3 months' salary in lieu of 3 months' advance notice. During the notice period, he shall complete all the
pending satisfactorily tasks assigned to him earlier without causing interruptions/disruptions to company's business activities failing which all his
arrears, if any, will be forfeited by the company & no documents pertaining to his relieving from the company will be given. He would also not be eligible for
any leave during the notice period.
However, the company shall have the right to treat his notice of resignation as resignation itself & revive him from service immediately without insisting upon 3 months' advance notice."
salim shaikh
18 July 2015 at 22:45
Sir I have all the documents . Just need to know is society noc compulsory for passport verification in police station. As im the owner . Have some dues pending with society they will not give me the noc.
gowrishankar
18 July 2015 at 21:24
Hi! I worked 18 months in esi corporation, I resigned my service Nov - 2012, till I didn't get some of arrear, leave encashment for balance leave, bonus for that period, gsli etc, I have given letter more than 4 times and filed RTI abt status of letter, no reply... What shall I do? Shall I file CAT? Am I get any interest for delay for my arrear?
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Pf deductions
Dear All,
We are a Private Limited Company and we have employed 5 employees on contract basis.
Now today we had a query wrt deduction of Provident Fund amount. There is no clarification whether PF has to be deducted on Gross Salary or Basic Salary? Our Contractor is saying that PF is to be deducted on Gross and Some are saying that it should be deducted on Basic. Request you to kindly give a clarification on this.
And also request you to kindly share any circular or notification in this regard.
Regards
Neeharika