JS Singh
09 February 2015 at 22:45
hello. I have had some hearing sessions in chandigarh high court in last two years. Can i get some recordings of arguments(in text/audio) made in those sessions by both lawyers.
Thanks.
Nick
09 February 2015 at 01:03
We have IPC 498a/304B case pending in lower court for last 5 years. My father was a primary school teacher in West Bengal and he was suspended from the date he arrested. My-self, son is the prime accused in the case. One month back my father retired from the service.School authority not giving the retirement benefit to my father.School authority said they will provide the only PF amount now and gratuity,pension and commutation will be provided only after the final judgement of the case.I would like to mention here school authority has given the 75% of salary to my father till retirement.
However I father applied for accommodating the retirement benefit to school authority after the retirement and in reply to application they have issued a later saying "However in terms of G.O No.888/ES/O/PEN/IM-2/2011 Dt.-15/07/2011 he is entitled for ad-hoc pension till finalization of the case subject to the conditions stated in the said G.O"
I would like to ask few questions to our expert as below.
1) What should I do now to release all amount entitled?
2) what are the conditions in the said G.O
Thanking in advance.
RAMANARAYANAN.G
08 February 2015 at 14:07
Sir,
Pay revision was implemented in a company for the period from 01/08/2000 in July 2014 along with pay revision arrears benefit form 01/10/2008.The process of fixation and arrers computation were completed and amount of arrears payable to each employees (including retired employees) were arrived in December 2014.During the time period of 01/10/2008 to 31/12/2014 more than 12 employees from the company were retired, resigned or relieved.Most of these employees had closed their EPF Account also and withdrawn the entire PF balance in their account by themselves.(the company does not have any control on this).
Now, these employees are demanding for the employer portion of the EPF contribution also along with the arrears amount on the argument that had the proposal been implemented during their service tenure, ie between 2008-2014,they would have got the employer contribution of the PF portion of the of the arrears amount also.Is their argument valid and should the company liable to pay the employer contribution part of the arrears amount also to those retired employees?.If so,is it possible to remit the same to the EPF Department in the name of the respective employees whose account is no more in existence with the EPF department?
RAMANARAYANAN G
Arindam Bhaumik
08 February 2015 at 02:03
Is it mandatory to provide proof of visiting home town in case of availing Home Town LTC? Suppose the nearest railway station is situated in a different municipal area from the declared home town( for e.g. Howrah in case of Kolkata) is it mandatory for the claimant to produce a document to office as a proof of having visited home town even if railway tickets for journey from Hqrs. to the nearest railway station of home town has been provided to office? May the experts provide their valuable opinion in this regard.
Richa
06 February 2015 at 16:16
Dear Sir,
I was working for a consultancy which is in Delhi and through them I was deployed at their client location Pune University.I worked for them from 7th Nov 2013 to 28th April 2014.
I was resigned from the company in month of April 2014 and was released from the service on 28th April 2014. But till now they have not processed my April'2014 month salary.
I continuously send the mail and contact them after April 2014 but they had not given satisfactory answer.In July 2014 they told me that they have not receive my name in report of April 2014 from Pune University People.So I contacted pune university and ask them to send the report again with my name.They send the report (I am having mail of same) in August to consultancy inspite of that they have not processed with my salary inspite of they got the salary of me from pune university
Consultancy people again come back to me and told me that they need a new work order for me.
They are not contacting pune university telling me to get work order.I again contacted Pune university they told me that from their side everything is clear to consultancy.
From last 10 months I keep contacting my consultant but they are not replying with a satisfactory answer and also they are not contacting with Pune University people regarding my issue.
As per my understanding I am a employer of consultancy and so they need to take all responsibility of me inspire of that they are not processing my salary.
I am having Appointment letter , experience letter and relieving letter of consultancy which clearly stated about my experience details as "This is to certify that Richa Tiwari has been working with Neelkanth Digital Infonet Pvt. Ltd at
University of Pune since 07-Nov-2013 to 28-April-2014.She has been relieved from the services of the Company and obligations with effect from the close
of working hours on 28-April-2014.".
I am in Pune and in appointment letter it is written "It is agreed between the Parties agree that only the appropriate Court in Chandigarh shall have the
exclusive jurisdiction to entertain and try any suit or matter in dispute between them relating to this
Agreement."
Please Sir suggest me what should I do to get my salary ? What action should I need to take ? It is not possible for me to go to Delhi or Chandigarh as I am in Pune ?
manoharan
06 February 2015 at 07:35
I was appointed as Accountant wide your appoinment order dated 17/04/2013 and I joined my duty in 06/05/2013 and from that I am working sincerely and delicately to the company. As I have submitted my resignation on 24/09/2014 for my future prospect by giving one month notice which I clearly mentioned in my resignation letter itself as per my appointment order. My salary for the month of september 2014 is put under hold and all my colleagues got their salary for the month of September 2014 on 07/10/2014 except myself. And subsequent letter on 08/10/2014 requesting to release my pending salary and my immediate relieving because of my salary put on hold, while I asked about my hold salary on 08/10/2014 while I was attending duty on notice period, I have been called and asked not to attend duty and ask me to leave from the office immediately, I was not permitted to attend duty and complete my notice period.
After that Mr.Lakshmi Narayanan / Liaison Officer have make a call (08/10/2014) to me and threatened me that we will spoil your career by informing the company you are goint to join in future and make your life miserable in any way.
On these circumstances, I feel annoyed and I have been mentally tortured. Now (09/10/2014) Mr. Lakshmi Narayanan called for the auditor meeting tomorrow (10/10/2014) to know the status and handling over. I feel discomfort and mentally distrubed to come to the office. I request you to kindly arrange the meeting in the Auditor Office and I also request you to kindly assure give me a relieving order tomorrow after my meeting with our Auditor.
I assure you that will come to the Auditor office tomorrow to give my status to the auditor and get relieved my duties by tomorrow after I receive my pending salary and my relieving order.
Yet to be not receive any communication from company and not release my salary.
Kindly advice me what can i do to further.
Regards,
P.Manoharan
Abhishek srivastava
06 February 2015 at 00:29
Dear sir I have been working since last two months on the basis of offer letter since then I haven't received my salary please guide me what remedies do I have
Phanindra Kumar
05 February 2015 at 17:37
Dear Sir/ Madam
i have a queries in regard to factories act
1. can a person be appointed as manager for more than one factory? if so under which section/rule
2. can a corporate office personnel be appointed as factory manager?
3. is it mandatory that manager must be present in person in the factory or can be on paper?
please reply me.
Regards
Phanindra
Rajesh Chandak
05 February 2015 at 17:24
Hello Sir,
My brother he is working in one of the leading Chandigarh based company C & F which is at Akola (M.s) has a senior accountant . Due to Fraud done by Manager , company terminates my broher from job and not even giving salary of two months .Also company has accepted that there is no fault of accountant though they are refusing to pay salary. In this case what should we do to get our salary back or to lodge a complain .
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Civil suit for excess recovery by employer
Hello Experts,
I need urgent attention to below given matter.
I left an Pvt Company registered in Delhi and office in Noida where they agreed to relieve me by mentioning INR 1,08,000 /- (Short Notice period money + Training Bonds amount ), signed by me and I have handed over cheques to them for the same amount as per details mentioned in short notice period recovery notice. No break-up of liability was mentioned in due letter and only sum was there.
I was chasing this company to seek my Exp, NOC letters etc but didn’t get any response over phone call for next 11 days after cheques hand over ( handed over on 14th Sep 2007) and during one call made to HR to ask for letters required by next employer including break-up of liability, I got to know that they are preparing to send legal notice to me. As they were not issuing any break-up of how this much needed then I decided to stop cheque payments and notified HR person by email and call.
Below given is the email which was sent by me to inform about cheque payment stop:
***********************************************************
Hi , ,
I have observed that the declared amount by you to be paid against short notice period is high. The amount to be paid should be less than the conveyed amount.
I request you to send me the letter for the final amount to be paid with break up. For the mean time please don't deposit the handed over cheque to for the amount INR 54,000 /- dated 15 Sep 2007 and INR 54,000 /- dated 20 Sep 2007. Please confirm that do I need to pay the full month salary or only basic salary for the short noice period.
I have requested my bank to stop these cheque payment.
After getting final amount letter to be paid from , I will hand over fresh cheuqe for the amount to be conveyed. The cheque is only stopped because of discrepancy in sum of the payment to be made by me to as per the letter issued by you.
Regards
********************************************************
After few months, I received a legal notice from this company asking INR 5,00,000 for loss in project and replied from my side mentioning same amount to be payable for my mental stress and suffer caused in absence of requested exp and NOC letters due to them.
After few months ( ~1 year) of last working day with this company, I received court Civil suit copy where they asked for INR 14,00,000 for “Short Notice period money + Training Bonds amount + Project loss which was participated by me” but Employment agreement only says for 2 months notice period and no clause to share/bear project profit/loss.
I would like to get experts view on this considering Due letter signed for INR 1,08,000 /- , cheques handed over but no break-up was given stating leave balance etc..:
1. Can employer ask for higher amount than INR 1,08,000 stated in due letter as they didn’t give me break-up. Delhi Shops and Establishment act says Employer needs to settle balance Annual Leaves in employee account during employee’s exit but they didn’t consider this?
2. Can employer ask for full Bond amount even if Employee has served some period for that bond. I saw few rulings by HC and SC asking to consider training bonds on prorate basis by considering served period out of total period?
3. Can ignorance of law when due letter was signed takes over any law/policy. In my case if I signed letter to give INR 1,08,000 /- when was not aware about Leave settlement and Training Bond rulings then it cant be considered now and base is only INR 1,08,000 to talk further?
4. Does court considers mental suffer of defendant party on such matters where contract or conditions are always put in favor to employer and employee has to sign considering circumstances?
Thanks a lot in advance.