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

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ananddubey   30 May 2015 at 14:19

Filing a case

My Client has been sacked from a job on the ground of sexual harassment. In appointment letter it is stated to refer the dispute to arbitration. But my client wishes to file a criminal case of Defamation on the employer. Also Suggest me in Detail can i do so. Also the relevant section and procedure to do so.

shashikala   30 May 2015 at 09:47

Termination and not paying incentive

hi i m the employee of reliance life insurance i got terminated in the month end of April2015 . agents working under me have done an insurance in DEC 2013 for which death claim received at reliance for that my company served me a warning letter to me in jan 2015 for not giving right information in form. after that no case of such kind got actioned by me. but in aug 2014 my insurance adviser has come with a new policy request but my branch manager sent a saftey mail to investigation team of company to check the authenticity of information provided in form. but company has not taken any step on our mail sent by branch manager to just get the insurance amount from customer. so i was not at any fault as i already raise doubt on authenticity of insurance. no in april 2015 they directly terminated me on the issue of aug 2014 that u have again provided false information although i and my branch manager did the mail in aug 2014 only. now where i m at fault, they served me termination letter now i cannot even join other company they did not gave me incentive also which i earned in the month of mar 2014. i used to be the topper employee of company even i got awards many time.

vinayak   29 May 2015 at 23:19

Harrassment caused by hr personnel for full and final settlement

Dear Experts,

I resign from my previous employment and my FNF is pending. When I enquired for my FNF they informed me to clear my outstanding loan first which I cleared by transferring balance amount due. One of HR personnel is knowingly harrassing me. On first occassion he provide me calculation with last working date as 01-01-2015 but in acutal it was 15-01-2015. I informed him that its not correct. Then on seccond occassion he provide me calculation with last working date as 12-01-2015. Reason he provide that I was not login in system after 12-01-2015, which i n actual I log in on those days. He asking me to provide proof of my login upto 15-01-2015. I had mail which i sent from my official mail id on 15-01-2015 which can act as proof.

What remedy is available for such harrassment by HR personnel? Whom can I approach for justice?

Dr.T. VENKATESHAIAH   29 May 2015 at 16:46

Pay fixation in direct recuitment

Respected Sir,
I am really impressed your answers to the queries raised by other employees who are having critical doubt on service matters.
I need to seek your kind help and suggestion to proceed further on fixation of my salary. The following few points will facilitate to you to extend your expert advise in this matter.
1. A State GOVT PSU had advertised for the post of Director (Finance) on 23.05.2009.
2. In response to the above advertisement I had applied for the said post through proper channel.
2. Based on my eligibility the company had invited me for the interview on 09.07.2009. The company did not issued appointment order immediately.
3.State Government had issued a direction on 14.10.2009 & 6.6.2012 to the company to appoint me to the said post.
4. The company has issued appointment order on 19.01.2015 for the said post.
5. Reported for the duty during February 2015.
My humble request you kindly advise me on the following points.
a. There is delay in issue of appointment order more than six years by the employer and no fault from my side. therefore, Salary has to be fixed from the date of issue of direction/order issued by Government from 14.10.2009.
b. I had forwarded my application through proper channel and I was in the central Government Pay scale of 37400- 67000 with Grade pay of 8700/- my total grass salary drawn during January 2012 was Rs.94,890/-
(under central Government pay scales)
c. Presently I am drawing salary of Rs.88460/- in the present organisation (State Government organisation) with their minimum pay-scale.

d. Kindly advise me whether I am entitle for additional increment for the six years from the date of issue of direction from Government on 14.10.2009 & 6.6.2012.
e. The company has delayed to issue of appointment order with one or the other reasons more the six years.
f. My present salary is lesser than the earlier salary drawn by me.
g. Kindly advise me under which provision I can request our employer to protect my salary. Intentionally, my employer had delayed more than six years to issue appointment order.

I will wait for your kind advise in this regard.
Thanking you sir,

T.Venkateshaiah

Jatin Biswakarma   29 May 2015 at 15:51

Epf query

Dear Experts...this is a real situation...please reply...company wants to reduce its future PF burden after considering increment in basic salary.

Company is paying PF on the Full Basic Salary, say on 26,000/-. There are other components in addition to this basic also. Can the company frame a policy to pay PF only upto the statutory limit i.e. on 15,000/- instead of entire basic of 26,000/- which every year increases after increment.

Please give reference of relevant section or precedents if possible. If yes, then what will be the procedure to be followed by the company?

V.N.K. MENON   27 May 2015 at 15:14

Slp in apex court

As you are aware it is vacation time now. I had filed SLP against Division Bench Order rejecting early hearing application.
The case is registered and I am waiting for listing.

If the SLP is granted, whether fresh appeal has to be filed? I am petitioner-in-person.
Ld. experts please guide.

Vasudevan   27 May 2015 at 00:24

Grant of macp

I am a central government employee. I got my promotion on 13.10.1997. During July 2008, I was arrested by the police and subsequently suspended for judicial custody exceeding 48 hours. A criminal case was booked in 2009 in which I was acquitted in 2011. In 2010, another criminal case was filed which is pending and in 2011, departmental enquiry was initiated which is also pending as on date. As per 6th pay commission report, I am eligible for MACP bnefit from 1.9.2008. As I was under suspension, it was refused. Now the suspension period i.e. 3.7.2008 to 30.4.2009 was treated as dies non. Whether I am eligible for MACP from 1.5.2009 during which no case/inquiry was pending against me at that time. Please clarify.

ManjunathH   26 May 2015 at 19:32

Manager Harassing

Hi, In the resent past I've had health some domestic issues for which I have taken leaves from work. In the month of Jan for 3 days, due to death in the family; in February due to wife's health concerns for about 2 weeks and in April and May together 4 days due to my health issues. Also, during some of these months I have worked on weekends to make sure that not much of my work is hampered. However today the manager calls me for a meeting and suggesting me that I quit the company. He is also threatening indirectly that even if I stayed I may not get the opportunity to apply for another role within the org. I have worked for this company for 8+ years. If I go to hr I am sure they will support the manager only. What are my legal options? Can I file a case in labor court for harassment? I know I risk the job if I go legal but I am assuming even the manager will risk the job if I go legal. Which I am fine about. Do I have any legal grounds here and is there any lawyer in Bangalore to take up the matter?

Any assistance is appreciated. Thanks.

drrajeshkumar   26 May 2015 at 12:24

Count of past service towar red pension

Sir, I was a confirm TGT in Dte. ofEdu GNCT Delhi from 08 Nov 1996 to 03 Jan 2012. I joined as Asst. Prof. in Haryana Govt. on 04Jan 2012 through proper channel & proper permission after tendered technical resignation. I was also granted a lien for two yrs by GNCTD. I was covered under old pension scheme in GNCTD. I was alloted a new GPF Acc. by Acc.Gen. Hry. Now pls. tell 1. Will Hry. Govt.cover me under old pension scheme on the basis of my service of GNCTD ? 2.If not, will GNCTD grant me pro rata pension for my 15yrs.service? 3.Can I join back my pervious post in GNCTD although my lien period has expired but I have not submit my resignation till now ? Pls. reply. Thanks.

drrajeshkumar   26 May 2015 at 12:15

Count of past service towared pension

Sir,If a confirm employee (whose service is more than 15 years )covered under old pension scheme of Govt. of NCT Delhi join a higher post in Haryana Govt. through proper channel after 01/01/2006 than will he be covered under old pension scheme by Hry. Govt.? If not, is he eligible for pro rata pension from GNCTD?