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

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ashwini   19 April 2015 at 21:55

Employer forcing me to extend notice period more than the terms in contract

Hi, I have just resigned since my employer blocked my internal transfer saying I am their very important resource. They raised their voice and scolded me for applying for internal position. Due to these reasons I resigned, and my manager scolded me again saying I am being unprofessional holding the key position in the company. Though it is mentioned as 1 month notice period in the contract he asked me to extend it to 3 months. Also threatened me that he could write anything bad in my relieving letter.
I do not have any offer in hand, But still I do not want to extend my notice period because I have to make further plans for my career which needs time. Kindly guide me how can I negotiate, and what are the actions I can take for their threatening remarks.

amw   19 April 2015 at 05:24

Absconding leaving without serving period

Hi, I joined IT company for 3 days. I got better offer from another IT company and I joined new company. After joining new company I sent my resignation letter to the old company. Please let me know if it will create any legal issue for me in my current job in new company and in future. Is it required for me to get reliving letter from old company for which I worked for only 3 days. Old company is saying that they will not relive me. Please advice.

shekhar sharma   18 April 2015 at 21:58

Regarding leave

i am working in central govt autonomus body (ESIC).i was given EOL for study purpose for pursuing my PG.my seniority and service remain intact in EOL.My query is that am i eligible for earned leave credit for that period as EOL for study purpose period count for qualifying service ,even EOL for medical purpose EL are credited for that duration .

Rajnish   18 April 2015 at 16:36

Regarding gratuity applicable or not

Dear Sir,

please take a note that, i am working in India company around 2 year.
after 2 year company transferred to Abroad and start work on abroad payroll.

also note that, company calculated full & Final settlement in India part and paid to me.

now i have completed in Abroad more 5 years on that payroll.

In this case i have applicable for gratuity. Please confirm and reply.

Thanking you in advance.

Regards
Rajnish

Rizwan Pathan   17 April 2015 at 15:12

Gratuity applicability

Dear Experts,

A Person has completed 5.6 years of service in an organization but in a 3rd year of service he is total mandays (including leave and holiday reaches to 190 days only.

Hence in above case a person is eligible to get applicability under five year of rule.
if yes then would he be eligible to claim gratuity of year in which he worked for 190 days only.

Your earlier help on above would be highly appreciated.

Thanks & regards,

Rizwan Pathan

ARUN   17 April 2015 at 08:45

Technical resignation under new pension scheme

DEAR SIR,
I HAVE JOINED CENTRAL GOVT SERVICE IN Dec 2011 AND COVERED UNDER NEW PENSION SCHEME.. IF I JOIN ANY OTHER CENTRAL GOVT ORGANISATION BY GIVING TECHNICAL RESIGNATION, WHAT ARE THE BENEFITS?. PLEASE GUIDE ME. THANKING YOU.
YOURS FAITHFULLY

DEEPAK PATIDAR   16 April 2015 at 15:11

Joining a new psu after resigning previous psu but without informing both new psu and previous psu a

Dear Sir,
I am in Probation period of 1 year in a psu 'x' and I have executed a non judicial bond with Psu 'x' to serve it for five years after probation. Now, after 8 months of joining Psu 'x' ,I have got an offer of appointment from a new Psu 'y'. What I am intending to do is resigning the previous Psu 'x' before joining new Psu 'y'. But neither i do have informed about my previous employment to new Psu 'y'
not about my new job to the Psu 'x'.Can this action of mine lead to any legal action??

If Yes ,then what will be an appropriate solution as I am very keen to join new Psu 'y'??? Also I have to join new PSU withing 15 days..

Please reply as soon as possiible

THank You!

Sunny   16 April 2015 at 12:50

Non-payment of salary

Sir,

I was an employee of Management cadre at a private Limited company in Delhi since April 2006. I have offer letter, appointment letter, increment and promotion letters, copy of resignation with acceptance, last salary structure and experience letter from this company. I have not received salary for the last 8 months, i.e. from August 2014. I came to know that the company has not payed PF from July 2013 on wards. I have lodged a case with the Labour inspector but they are only giving different dates for hearing. Kindly guide me how to get all my dues cleared from this company.

Thanks,

RANJAN   16 April 2015 at 08:39

Service matter bank

Enquiry and penalty order quashed by single judge highcourt in the year 2012.Bank has filed appeal in double bench for reenquiry from the intial stage which is pending.
In the meantime I came to know that after showcause notice Disciplinary authority has
recommended for minor penalty but on the dictates of Vigilance Department major penalty chargesheet was issued.The above documents were sought by me through RTI but bank has refused to give hence final appeal is pending at CIC delhi.
After obtaining above document can I file review petition under section 114 rule 1 of cpc viz Discovery of new and important matter of evidence which after the exercise of due deligence was not within his knowledge or could not be produced when the decree or order was passed.
If above documents prove that whole exercise was at the behest of vigilance department then law laid down by the apex court in the matter of Nagraj Shivrao Karjagi v syndicate Bank in which ruled that no third party like Vigilance department or Central vigilance commission could dictate Disciplinary authority how they should exercise their powers.
Then whole chargesheet and subsequent actions shall be nullified and I will get promotions and all arrears of pay from the
date of penalty.
Please guide me in detail with proper rulings.

Sharad Mohan Krishna   16 April 2015 at 02:28

Employment


I was employed with this company in Gurgaon who went ahead and terminated my services without giving me any termination letter - and even I have not resigned. In fact their MD had verbally told me that he would help me getting another employment. But since neither I have resigned nor have they given me any termination letter, am I entitled to continue getting salary from them. This happened in Nov 2014 and I haven't received any salary since then. I tried speaking to the MD a couple to times but he has been keeping busy. I have also send a couple of emails but no reply.

Thus if I remain silent, will I continue to be entitled to accumulated salary for all the months which are passing by?

Thanks & Regards