Rajiv Kaicker
28 August 2014 at 13:19
Can anyone send me the complete judgementb of
Food Corporation of India v. V. Mohammed Manzil, 2008 LLR 154 (Ker HC).
Manish Das
28 August 2014 at 01:28
I recently got a Govt job as primary teacher in West Bengal. The qualification required was 10+2. I was pursuing Bsc graduation degree when i was appointed. Is it illegal to continue my studies(regular course) along with the job? What is the standard procedure to continue my studies along with the job?
Dheeraj Kaushik
27 August 2014 at 12:47
time limit to file an review application under section 7B ag. the order passed under section 7A.
Is dictrine of res judicata apply to Writs
Dheeraj Kaushik
27 August 2014 at 12:26
Sir,
What is the limitation period to file an appeal against the order passed under section 7A of the EPF ACT.
ANKIT KUMAR DAVE
27 August 2014 at 11:53
Dear Sir
I want to know about this. my questions are as below--
1. who is issuing authority of this certificate.
2. What is importancy of this certificate
3. It is compulsory for a factory.
4. It is in which act related
Preethi
27 August 2014 at 10:50
Labor License - Gujarat
Previously labor license (Gujarat) was applicable if 20 or more than 20 workers work in an Organization. Has this been changed to 10 or more workers? Is there any notification on the same?
ramana
26 August 2014 at 22:36
sir, i am a teacher in government school in ap. my wife registered 498a case on me and my family members,which caused judicial custody for more than 48 hours. District educational officer issued orders for suspension for the above said reason. He ordered for the departmental enquiry, which is held, but of no use to me , hence i pushed to go to andhra pradesh tribunal at hyderabad.
my prayer details are "proceedings of suspension is being illegal, arbitrary and set aside same with a consequential direction to D.E.O.to reinstate me into service forthwith with all consequential benefits".
The honorable APAT ordered "the case of the applicant is squarely covered by the order passed in O.A.6286/2013 by division bench of this Tribunal on 26.08.2013." further it added "in view of the circumstances explained above and also following the order in O.A.6286/2013, this O.A. is allowed by setting aside the order of suspension issued by the respondent".
when i sent my represention for reinstatement with APAT order to my D.E.O.,by clasue (C) of sub-rule 5 of rule 8 of the Andhra Pradesh Civil serivices rules 1991, he reinstated me into service pending finalization of disciplinary proceedings and subject to the outcome of the result of the judgement in the 498a case".He has not mentioned regarding my suspension period (7 months)i.e. it is to be considered as period spent on duty or any adjustment to leaves .now my questions are
!)am i eligible to get back wages or not, as per tribunal order?
2)what should be done when an officer issued proceedings to reinstate into service from suspension, without mentioning the suspension period?
3)is my suspension period is regularized or not?
4)if i am not elgible to get back wages what about my annual increments and other benefits , are they postponed or stopped till the judgement in 498a case.
please guide me .thank you in advance
nitin saxena
25 August 2014 at 17:47
hello sir, please advice if the applicant during the pend ency of the revision against termination order here superior authority the applicant had died... after the died of applicant appointing(superior ) authority pass termination order and order challenge in high court ..if the termination order quash after 7 years by high court ..then compassionate appointment time period count or not? bcoz at that time applicant was not in service he was terminate..here dying in harness rules apply or not during the termination of service.
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Resignation and notice period buyout
Hi Everyone,
I am working for a indian IT company. But currently I am in US with my spouse and kid on 3 months Leave without pay. Due to some personal reasons I had to resign my job because HR is not ready to extend my LOA for few more months. Because I am not in a position to leave US i.e. going back to INDIA to serve the notice period of 3 months, I opted to buy out my notice period. To make a buy out my employer is asking me to pay 3 months gross salary which is coming around 2.5 lakhs which is very high amount. It includes Basic pay (~35000)+HRA(17350)+ Special Allowance(26000)/month.
My employer is not having policies clearly defined. No policy document is clearly saying about the buying out notice period. Also when my employer's HR team prepared FnF Statement. If I ask why do I need to pay 3 months gross pay, they are asking me to refer the point from my offer letter. And no where it is specified as Gross salary. As per industry standard most of the companies asking to pay the basic salary to buy out the notice period.
In my offer letter point under Notice period says as follows.
""Notice Period: On confirmation your appointment with the Company will be subject to termination with 3 months notice or payment in lieu thereof. Should you desire to resign from the Company you shall provide the Company with a prior written notice of similar period of such resignation or payment in lieu thereof. However, in case any disciplinary proceedings are either contemplated or pending against you, the Company shall have the right not to accept your resignation. If you desire to resign from your services hereunder, you shall, not withstanding the provision with respect to payment in lieu of the notice as provided hereunder, make yourself available during all office hours, for such period from the date of tendering your resignation, as may be required by the company as its discretion order to ensure smooth transition.""
Please note that it says "payment in lieu thereof". Just payment. What does it really mean? No point says that payment is Gross. Just a payment.
Please advice how I can take it forward. I am able to pay money for buying out my notice period. But not the gross salary, because for the past 3 months I am on Leave without pay.
Expecting your responses.