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raju   28 January 2015 at 19:23

Office work

I am working in private hospital as computer typist for the last 15 years. Almost 9 months back I reported some important matter to my head office against my senior officers who in turn to take revenge took away my personal labtop and found some office files relating to 3 years old files. Although at that time I was given verbal permission to do typing work in my personal laptop by my supervisor verbally who refused. I was issued warning letter to keep office files in my personal laptop. My query is that sine there files were unsigned and that too of 3 years old files. Warning issued as per our hospital rules is valid for 9 months from the date of issue. Now the problem is that I am being harassed on & off for approaching the head office by my senior and they are just finding ways to remove me from service. Please clarify although files found on my personal laptop were 3 years old and that too without any signed document and until and unless any document is not signed how it can become valid. Can they remove me from the service for keeping these files on my personal laptop. Please advice urgently.

PKS   28 January 2015 at 18:21

need advise

I Have been trasfer to Delhi to bang lore. Now I want sue case agsinst company... from which place I have to intiate my case banglore or delhi

Sunil Kumar   28 January 2015 at 15:38

Demand of 1000/- as processing fee.

Kindly intimate that I have purchased a new car from Maruti suzuki, Panchkula recently and the car insured by National Insurance Company with Bumper Insurance amounting to Rs. 10,998/- and within one week of insured car modest hit by a colony gate. I have contacted Maruti suzuki workshop for repair/maintenance of modest damage. The workshop official called insurance agent and the insurance agent demanding 1000/- as processing fee. I have requested time and again that the car is insured with Bumper Insurance (above from first party insurance. But the agent intimate that you have to pay 1000/- as processing fee and intimate me that IRDA has issued notification about the processing fee of Rs. 500/- to Rs. 1000/- recently.

Q. If the car is insured with Bumper Insurance from National Insurance company then why the insurance agent demanding Rs. 1000/- as processing fee. because I have already paid Rs. 10,998/- of Bumper Insurance.

Q.2 Kindly intimate by way of instruction issued by IRDA about processing fee of insurance agent of Rs. 1000/-.

Q.3 In any such condition what steps can be taken to avoid to these charges.




satish kumar   27 January 2015 at 13:25

Pl. advice me a sr. advocate who is well conversant in service rule and railway establishment to fi

Brief of proceedings of the case OA 1025/PB/2013 in CAT:
1. Legal notice dated 18.11.2012 was sent to secretary, railway board, new delhi and to GM & GM(P), RCF, Kapurthala by the counsel for applicant Sh. Arun Singla against the order of promotion to the post of AEDPM (B group) of three candidates dated 17.07.2010 passed by GM(P) and were earlier appointed in Nov. 1991 to the post of AP & DPS without fulfilling the eligibility criteria (without PGDCA computer degree) and not giving chance for promotion to the genuine candidates who appointed with completely fulfilling the eligibility criteria although the eligibility criteria was remain the same throughout the recruitment years 1988 to dec. 1998 except in experience. Not only the three candidates but others also appointed without computer degree. The post AP & DPS was merged as Sr. Engr./IT after implementation of 6th pay commission. Reply time was given within 1.5months to GM(P).
2. After end of 1.5 months, the counsel for the applicant filed a case in CAT, Chandigarh with OA no. 243/PB/2013 in the 3rd Feb, 2013 before the reply of the legal notice by GM(P) dated 06.02.2013.
3. Order dated 01.03.2013 passed by the Hon’ble Tribunal to give the reply of the legal Notice by the GM(P) to the Hon’ble Tribunal in which the GM(P) rejected the claim of the counsel of the applicant.
4. The reply of the order dated 01.03.2013 was given by the GM(P) on dated 31.05.2013.
5. Against the order dated 31.05.2013 of GM(P), the counsel for applicant filed a case in the CAT, Chandigarh with OA 1025/PB/2013 in june, 2013.
6. The counsel of the applicant demanded from the Hon’ble Tribunal to give reply of the OA 1025/PB/2013 by the counsel for respondents.
7. A written statement was filed by the counsel for respondents as reply to the OA 1025/PB/2013.
8. Replication on dated 14Feb, 2014 was filed by the counsel for applicant as a response to the written statement of the counsel for respondents in the Tribunal.
9. On hearing dated 15.10.2014 and on objection of the counsel for respondents, the Hon’ble members order the counsel for applicant to make party of the concerned persons for further proceeding of case.
10. On hearing dated 20.10.2014, the Hon’ble members ordered not make party of the concerned persons but to file an affidavit on the basis of order dated 20.10.2014 that the following candidates have not possessing the required qualification for appointment to the said post.
11. The reply of the order dated 20.10.2014 was submitted by the applicant and the affidavit will be submitted after arguing on the said order. The Hon’ble members told the counsel for applicant first to file an affidavit.
12. On dated 01.12.2014, the affidavit as well as reply of the order dated 20.10.2014 was submitted by the counsel of the applicant to challenge the appointment, seniority and promotion of the candidates of the respondents.
13. On hearing dated 04.12.2014, Hon’ble members asked client verbally to bring his educational certificates on next hearing date 23.12.2014.
14. On hearing dated 23.12.2014, argue was made in Hon’ble Tribunal by the counsel for applicant. The Hon’ble members did not asked the client to show his educational certificates although the client along with file of his educational certificates was standing with his counsel before the Hon’ble members to show his certificates.
15. Without pronouncement of decision date, the Hon’ble members sent judgment to the counsel for applicant.
16. has CAT power to vrify the certificates of the candidates against whom case is lodged?

Anonymous   26 January 2015 at 23:06

notice period recovery

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sandy   26 January 2015 at 17:50

Resigned but employer is not supportive

I am working with one of the leading health insurance company and I have resigned from my job on 15 jan 15, My notice period is 45 days or 45 days salary, so i opted for 17 days working and other salary return option as per left days. But now my company is not relieving me and saying they will not provide relieving/experience letter to me and take legal action against me if i abscond.

As per my appointment letter the note is "your employment will be subjected to termination at any time by giving 45 days notice in writing by either side or by payment of 45 days salary in lieu of notice, provided that in case of the notice of termination is given by you, it shall be company's discretion to decide whether you need to work out full period of notice or whether your services shall be terminated at some earlier date determined by company.

Please Guide

naseeb kumar   25 January 2015 at 19:16

Acp related

Sir,

I am working with district court, Delhi. I have joined the office in 2009 as an L.D.C.. Now in 2014 I have selected as stenographer in the same office/department in a open competitive exam. I have applied for the stenographer post through proper channel. I have joined my duties as stenographer in April, 2014.

when I will get ACP in the year 2019 from my initial joining or in 2024 as per joining as steno.

whether it is a promotion? if yes what benefits should get?



Therefore, all experts are requested to kindly provide/ suggest me rules on above matter.

Thanks and regards

Naseeb Kumar

satish kumar   25 January 2015 at 14:52

Pleading at h & p high court in railway establishment and servicr law

Pl suggest me senior & best service matter lawyer(Railway) to file a case in Punjab & Hariyana High court
OA 1025/PB/2013 filed by the applicant is dismissed on the ground that the OA is filed almost 23 yrs belated stage although the respondents apoointed in nov 1991 do not fulfill the eligibility criteria. legal notice was sent to the respondents in nov 2012 and 1&1/2 yrs relaxation was given by tribunal, in spite of this the CAT chd dismissed the OA after two years of pleading.

sujit   24 January 2015 at 20:10

Dual employment concequences

Hi Experts,

I accept the mistake that I have worked for two companies for 10 days. The last working day in my previous company is 20th oct & the joining date of my current company is 10th october. Now my current company may terminate me & that's okay for me.

But I want to clear this so that I will not face any legal action from any of the companies.

Let me inform that I have not withdrawn salary for october month from my previous company.

What are the legal actions I could face. & being a good citizen, what I can do from my side to clear the legal aspects, while accepting my mistake?????

PRASHANT   24 January 2015 at 12:28

Pay protection for direct recruitment in lower grade

I am currently working as ASM in Jabalpur Division (W.C.R), Basic Pay Rs.16450 (i.e. 12250 pay in PB2+Rs. 4200 GP as per 6th pay commision). I was initially appointed on 18.09.2006 as ASM in 4500-7000(2800 GP) and I was promoted on 01.07.2010 in 4200 GP .
In 2012, Indian Railway organized Centralised Employement Notice No.03/2012 for different graduate post which was conduct by RRB Bhopal , I had applied for it with proper channel and NOC.
I got clear all stages of this exam successfully and I got Sr.Clerk cum Typist(2800 GP) post in Jan 2015.
Sir, I want to know that Is any pay protection for this new post which is lower grade