suneetha Jain
12 June 2015 at 15:40
Sir, My Brother who is a regular APSRTC Employee (Deputy Superintendent-Traffic)served from 2004 to 2007 (he also completed his probation period successfully) absented his duties from then. Later, after some time, he was removed from job. My query is can he get back his lost job?? If so, How?? Please guide us.
merajlawassociates
11 June 2015 at 18:32
my queary is whether an retiner advocates natuer of employment is onrole employment.
wheather any company or law associate for him or his client can be used ret.adv. as poa.
and if such poa autherasition made whether concern advocate have to accept it and what impact of it on advocates regisration sanad.
whether an ret. advocate is advocate under advocate act.
what is the retainership laws in india and whether it is related with labour law or not.
what is the minimum fees for ret. advocate. and if any company violate this agreement what action or relief for ret. advocate. kindly revert.adv.parvejkhan!@gmail.com
vikaschauhan
11 June 2015 at 17:58
Hi Sir/Mam,
I resigned my organization on 23rd April’15 after receiving a verbal confirmation from my manager & intimidated 5th June’15 as my last working day. I also agreed to pay off all my dues. I have a notice period of 2 months mentioned in my offer letter but my manager assured me that I can get a buyout for 15 days & I can serve a notice period of 45 days only.
On the basis of the verbal confirmation form my manager I committed my future employer that I can join them on 8th June’15. But at the time of my releasing me the management & the HR said that I have to serve full 2 months’ notice period.
I mailed the management & the HR on 5th June’15 that I would not be continue my tenure with the company & consider the day as my last working day. I also stated that I have given the complete handover of my responsibilities & created my backup.
I stated that I would be happy to settle my account in the full & final statement in lue with the buyout deductions. The company has my 35 days salary pending with them & I had 9.5 days leaves in my account (privileged & sick cum casual).
On 9th June’15 I received a mail from the HR manager say that I have not been released from my duties from the company as the exit checklist was not signed from any of the department & I have to serve my full notice period. He asked me to turn up for the employment.
As I have already joined my new company on 8th June’15 as I have committed them so. I asked them to consider 5th June’15 as my last working day & settle my account as per the company norms in the full & final settlement.
On 10th June’15 I received the mail form the HR manager that as per my offer letter I need to serve 2 months’ notice period I have failed to do so. Hence the company would not be relieving me & my case would be considered as a “Absconding” case.
Have I really Absconded? What can I do to get my full & final settlement & my relieving letter & experience letter?
R.Ramesh
11 June 2015 at 14:37
Dear Sir,
Doctor's who are working as an consultants for 7.5hrs or 8hrs per day in an Private Hospitals in Hyderabad covered under shops & Establishment Act are they are eligible for leaves like CL,SL,PL and Public holidays. So please give necessary information on this.
Thanking you,
Ramesh
R.Ramesh
11 June 2015 at 12:22
Dear Sir,
If Doctor's working as an employees in private hospitals in hyderabad for 7hrs or 8hrs per day on monthly salary basis are they eligible for leaves like CL, SL and PL as per law or not.
Thanks & Regards
Ramesh
Varun Joshi
11 June 2015 at 11:46
There is a lot of discrepancy regarding who has a right to audience in a labour court. Section 36 of ID act says No advocate can practise in a labour court unless accepted by the union. But the order 3 of cpc says only recogonised agents can appear in courts of India. Section 33 of Advocates act also states that only Advocates have the "Right to Audience". But i came across a report by NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION which states the word 'agent' applies to anyone authorized by the plaintiff. And the learned advocate Gopal Subramanium says supreme court has 'deprived' right to lawyers in the labour court. How does all this add up?
rajesh singal
10 June 2015 at 17:33
Dear Experts,
My wife is a central government servant at officer level from more than 10 years. Untill now she has been an outstanding record in her ACR's given by her previous superiors(boss).
Recently her superior has been changed and now she has been in a trouble since then. Every day or other she has been assigned works with an unachievable timeline to finish it and each time due to breach of timeline, she has been issued either a memo or show cause notice for not completing work. She has been harrassed also to do travel in odd hours, lot of sanctions on taking her due leaves. Her boss is doing this in concent and directions from 2nd level( boss of her boss) of her boss. She moved an application to her boss to transfer her to another role/department but it has been rejected by her superior.
She has been very much worried that her boss might be planning to build a list of memos & show cause notice against her and eventually trying to dismiss her on these records..
Please suggest, how can she protect herself from such a situation. Any forums which may be helpful and give advice.
Nirankar Sharma
10 June 2015 at 17:09
Vide CAT Bench Lucknow order dated 09-07-1991 on my OA No.232/1990 I was awarded and had availed the entitled benefits retrospectively in terms of order “...Accordingly respondents are directed to pay the arrears of salary and allowances and other benefits taking into consideration of those who have been promoted to the post of JTA(S) with effect from 1977.” Recently in terms of 6th CPC recommendations’ and DoPT guidelines, my that time juniors in all India Seniority list have been allowed Grade Pay of Rs.4600/- with effect from 1st Jan 2006; Whereas I am still holding the benefits of Rs.4200/- GP with effect from the date of my retirement (31st May 2008) from service in Geological Survey of India.
Kindly advice whether the instructions in the CAT order above/attached here can be availed by me in present situation also; As my routine appeals on the issue to the concerned authorities so far are futile only.
With Thanks & Regards.
Priti Acharya
09 June 2015 at 10:09
Dear Sir,
I was appointed in a Pune based local software company as Vice President Sales & Business development around 8 months back (Oct 2014). During my tenure I was responsible for overall sales and sales operations, overall growth, define sales cycle, go to market strategy, designed service lines, new website and content, digital marketing, branding, advertising, streamlining IT services, started inside sales team, lead generation, and email campaigns. Company was badly in shape and needed quite more time to gain existence, recognition and starts generating revenue. I had a very limited resource and tight budget to execute activities; even though I was able to manage decent number of opportunities every month. It was unfortunate that none of the opportunities were able to convert into sales (revenue) due to many associated reasons. He stopped communication with me for last two months (March, April, & May) and asked me to report to CTO. Even for my marriage leave I was asked to talk to CTO for an approval. I am still on probation; he never confirm my employment.
On 24th May 2015 Sunday, my boss called me to office for a quick meeting in the morning at 10 a.m. I thought it was a normal business discussion call but it was so unfortunate day for me. He started behaving so weird. He was predetermined about throwing me out of the company with any reasons. He started raising issues related to work, sales, my duties – he told me he hired me only to do cold calling only! He created heavy tensed environment and pushed it so hard and asked me to leave saying “He can’t stand me an eye to eye” I walked off from office.
Very next day on 25th May 2015 Monday morning, I was not able to access my official email ID and I found out that my email was blocked as per the instruction from my CTO. I sent an email from my personal gmail ID to my systems admin keeping my boss and CTO in CC requesting to grant me an access to my official email. By now it was clear that my boss had made up his mind and he doesn’t want me in that office. I sent an email requesting to confirm him pay me my currant month salary and money as per one month notice so I could resign instead he terminates me!
I received unsatisfactory answer and I went to office as per my regular working hour but I was denied entry. I went straight to my boss’s cabin to discuss what the matter is! He called for a security to chase me out of office, but I defended my self-saying, I haven’t resigned yet and I am still an employee of the company. He pushed it hard and in return I had to dial 100 and ask for a police help. When he saw I dialed 100 then he asked me to stop and called me in his cabin. He lied by saying that, he will do my payment in 2 days’ time and asked me to submit all company assets like ID card, accessories, visiting cards, other documents. I did exactly the same upon trusting in his words.
Even after one week he never responded to my email or calls. Exactly after 11 days he replied sending some unexpected calculations indicating he will not pay me a single paisa. He doesn’t want to pay me for the month of May either forget about June as part of notice period. Also he threatened me saying If I go legal than, he’ll black list my profile in NASCOM and make sure nobody else hires me in India. Can he really throw me out of the company without giving me a time of one month notice period or my salary?
Please tell me what do I do? Can I file a legal case against him? What are the chances I get my salary?
Shah
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Denial of interview by upsc
I was not called for the interview for a post advertised by the UPSC. I challenged this in CAT as I had the essential qualification mentioned in advt. In their reply, UPSC has stated that it has changed the essential qualification and issued a corrigendum AFTER the closing date of application. Can the UPSC change the essential qualification after the closing date without giving the persons who had this new qualification any chance to apply?
In my OA, i had only prayed for inclusion of my name in interview. In view of the reply of UPSC, should I request for change of my prayer?