mukesh Gupta
27 November 2014 at 15:41
1. Is it permissible under law if the amount of gratuity exceed from the ceiling limit of Rs. 10 Lakhs in a case where a persons has claimed gratuity from the different employers for the period he has worked?
OR
In other words the maximum limit of Rs 10 lakh is for entire service career or for each employment.
Chirag Sheth
27 November 2014 at 13:33
Dear, Do ESI Act applicable to Companies to which PF is applicable from very first day of Incorporation? Kindly clarify. Other details are as follows: the company is in service industry. the company has 20 employees(including contract persons). There are some employees who draws salary less than Rs.15000 per month. Thanks in advance!
Praveen Kumar
27 November 2014 at 12:02
The Kerala State Co-operatives Consumers' Federation Ltd is the apex body of the consumer Co-operatives in the state of Kerala. My sister is working there as an Assistant Manger. Though it is a cooperative society, all the recruitment's and other activities are managed by Govt. It comes under co-operation Minister.
Two days back she got a letter from Executive director that she was transferred and de-promoted as per her request. There was no such request sent from her side. The Executive director has no right to do this. MD who has right is on election duty in Jharkhand. Actually this director is corrupt and has many cases against him. In order to safeguard his corrupt colleagues he intentionally did it. she has written to MD, but her colleagues say, there is no chance, as MD will do what these political goons say.
what is the way out through law??
Please advise. Can she go on her own through court, as lawyers are asking huge amounts.
Arun
26 November 2014 at 19:03
Dear Experts,
Kindly clarify me on the below,
Our company Business orders and Employees alone taken over by another company and they are saying the fresh employment letter will be released with the condition that the Gratuity and otherleave balances will be continued.( As if they are not settling the employees now)
Kindly let me know,
1. Will this be treated as break in service
2. And if the new company come back and say that we are not eligible for Gratuity since the offer letter issued only now.
Kindly advice.
Thanks in Advance.
ELUMALAI
26 November 2014 at 13:12
IF A LISTED LTD COMPANY NOT PAYING SETTLEMENT ,HOW TO PROCEED TO GET SETTLEMENT?
SINCE THE EMPLOYEE RESIGNED PROPERLY AND NO DUES.
Charan singh
25 November 2014 at 23:39
Dear Sir/Madam
I worked in public sector bank for 6 month then quit from job due to some personal reason . Now after stay home about 1 month i have been selected for another government job . is it necessary to show my previous job experience as i dont want to show beacuse question would be arise why left job ??
is it offence to hide previous employer detail as dont want to get benefit of experience . and now at the time of interview can i apply as a fresher ?
neel
25 November 2014 at 13:46
Hi,
I want to know, if employee didn't accept the confirmation letter and if he resign from company then what will be the notice period for him.
Will it be according to probation period or he have to server complete.
Regards,
Neel
Pooja
25 November 2014 at 00:29
As per previous query..
I have sent them legal notice through state level labour office. My hearing date is on 12/12/2014. I can't afford a lawyer. I need little guidance as I'll stand for myself.
I don't have proper salary documents.
I have video recording of owner of that institute about salary, agreement, pf,esi.
I have my biometric to prove that they made me work on Gazette holidays.
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Inter se seniority between direct recruits & promotes
i am working in Airports Authority of India(AAI),a public sector undertakings.AAI has its own Recruitment & Promotion rules i.e. R&P rule 2005 in which it is mention that ratio of DP & DR will be 3:1 and seniority rules are true copy of DoPT order 1986.
it is noted that last direct recruitment was done in 1998 after that they have not recruited any single DR managers however released departmental promotion regularly by ignoring direct recruitment.
till oct 2007 it was around 1065 total sanctioned post but none was the Direct recruits.
finally ,AAI has advertised recruitment for E-3 level (Group A) manager post in october 2007 for vacancy of 2005 & 2006.however no details of DR quota vacancy from 1998 to 2004.
Now AAI has taken about 32 months to complete this recruitment process & in between given 475 departmental promotion with intention to keep DR juniors to DP.
AAI have declared the final result in feb 2010 for 171 post& published in AAI website .next day AAI withdraw the result from website & have done a blunder to reduce DR by curtailing the seats by 50% of advertisement without any justified reasons.however after the litigation & intervention of the court it was resumed.
after our joining i.e. may 2010 AAI stopped publishing seniority list of Manager(Elex) however releasing promotion regularly & even from retrospective dates to give maximum advantages to DP's under stagnation relief etc without publishing seniority list.
we have represented many times for releasing integrated seniority list of DR & DP and to stop promotions without releasing seniority list.but no response from AAI till date.
AAI is assuming that as per R&P rules which are true replica of DoPT order 1986 actual joining date i.e. may 2010 will be taken for seniority consideration therefore all DP's promoted before may 2010 will be seniors to us.so they are giving promtotion as per rule & no need to issue seniority also.
However AAI is misinterpreting their own rules & DoPT rule 1986 also. as per this rule "the relative seniority will be determined as per roster/rotation of vacancy for that year ,if to the extent direct recruits are not become available in any particular year,the promotees will be bunched together in the bottom of the seniority list below the last person from direct recruitment".
here if AAI is assuming actual joining of DR for consideration for seniority & taking advantage to delay the recruitment so that DR will not become available n particular year till all DP's promoted. like in our case AAI has taken 32 months & promoted 475 DP's in between.
Apex court in his milestone judgement dated 27.11.2012 in N R Parmar case truly interpreted the DoPT 1986 order & said that " the Availability of DR is the date of initiation of the process of the recruitment that is the date of sending requisition to recruiting agency for recruitment" .
after this judgement DoPT has also issued an order dated 4th march 2014 for true interpretation of the 1986 order & said that effective date will be 27.11.2014 (Judgement date) and settled case with whatever the interpretation of 1986 order taken befor this may not be reopen.
However AAI is adamant to not accepting apex court judgement by saying it as a case specific and not accepting DoPT order by saying that as an public sector undertaking they have their own rules & seniority will be govern by this only by their own interpretation.
we have given many representation but AAI is acting as a dictator & adamant to listen.
some of our friends already filed an writ petition in High court of delhi but it was mishandled by our advocate,case went for regular hearing without any interim relief. only single hearing was done in the court & in this also our advocate was absent & petitioners was outsider so they were also not present thus not a single word from our side in court therefore this case went for regular list of hearing.
now new 367 post have been created & promotions may come any time ...
pls suggest suitable action ...
dhirendra singh
Manager(elex)
Airports Authority of India