ganesh kumar
07 August 2014 at 11:19
Termination of Assistant Manager Grade-I of ICICI bank can be challenged under ID Act or not, Kindly advice.
P K Sharma
07 August 2014 at 09:42
Kind attention is drawn to Rule 3.1 as shown hereunder of Office Memorandum No.22011/4 /91-Estt.(A) of 14th Sept., 1992 of Ministry of Personnel, Public Grievances and Pensions, Department of Personnel & Training-
“3.1 If any penalty is imposed on the Government servant as a result of the disciplinary proceedings or if he is found guilty in the criminal prosecution against him, the findings of the sealed cover/covers shall not be acted upon. His case for promotion may be considered by the next DPC in the normal course and having regard to the penalty imposed on him.”
I was awarded a penalty of Censure. However in compliance to Para 3.1 of above Office Memorandum the sealed cover was not opened despite the fact that there are so many instances where an employee having awarded penalty of Censure prior to DPC have been promoted.
The rule is not only discriminatory but also contradictory which can be proved by the following example.
Two employees who were under the zone of consideration for promotion on 01.01.14 were served with chargesheets on 20.12.13 to reply in defence within 15(Fifteen) days. One of the employee submitted his replies on 25.12.13 & the Disciplinary authority awarded him a penalty of Censure before 01.01.14. DPC considered him to be promoted to next higher grade since Censure does not have any currency period. The other employee submits his reply on 02.01.14 & was also censured by the Disciplinary authority. However his candidature which will be in sealed cover will not be acted upon. Will there will not be injustice in later case?
Will the former will enjoy Promotion benefit whereas the candidature of the later will continue to remain in sealed cover?
The example cited above clearly proves that the rule itself is discriminatory and violates article 20 of the constitution of India since a double penalty i.e. (i) Minor penalty of censure and (ii) withholding of promotion is imposed to one of the candidate and also violates article 14 and 16 of the constitution of India since quantum of punishment is different for same type of penalty.
May kindly apprise that I have to proceed court of law for justice.
SURAJIT
06 August 2014 at 18:45
One of my friend was working in a MNC as communication assistant in corporate communication department on contract basis under ranstard. he has worked for more than 8 years now he has been given notice to leave the job. kindly advise can he claim for permanent post ? legal help from labour law side.
shivani rai
06 August 2014 at 12:04
I m working in an autonomous body delhi under 2 yr probation period provided that i will not be permitted to apply for outside employment during probation period. During the probation period i applied for central govt job and NOW i m selected . I have completed my probation period but confirmation is still waited. I have not intimated about this in both the organization. Shall i opt this new opportunity or leave it.
shivani rai
06 August 2014 at 10:40
I m working as a LDC Grad Pay 1900 in an autonomous body under MHRD , delhi since March 12, 2012 under a 02 yr. of probation period provided i will not be permitted to apply for outside employment during the probation period. In March 2013 i applied for junior clerk GP 2400 in rajya sabha secretariat. Now i m selected for the said post. In both the organization i hadn't mentioned my work details. I would like to know in this condition should i go for new job or not.
Jainodin shaikh
05 August 2014 at 19:42
Which is the proper forum to challenge the appointment of enquiry officer and arbitrary procedure adopted by him?
High Court, Labor Court or Civil Court?
The enquiry is initiated against an officer of a private limited company and NOT against any labor.
Member (Account Deleted)
05 August 2014 at 17:09
hi.. i am a government medical officer in gov medical college in karnataka.it is a autonomous institution.. my problem in work place is
i have applied for leave without pay for 6 months. 11 days prior to my date of leaving.i have given the letter in a proper format and on the xerox copy taken the signature of the incharge officer and the technitian who received it and also the seal of the department with inward no. and left it to proceed it to HOD.i called HOD and informed regarding this. i came back after 3 months because leave was enough for me and wanted to join back... when i came back and given my wish to join back in writing it was refused telling that i have not informed regarding my leaves when i spoke about the phone call i got the ans that phone call is not enough.when i enquired regarding my letter all the information was hidden as per instruction by HOD .but i saw the register that the letter was forwarded on the day when i came to join back.. HOD is telling letter is lost. KINDLY HELP ME WITH THE ISSUE AS SOON AS POSSSIBLE...
dinesh
05 August 2014 at 10:48
I am working Sales Head for an MNC company and have built & establish all process /policy/ infra / manpower and product launch of new category from Dec 2013 but I was the person who designed the road map of this company except for technical part I joined as Sales Head in March 2013 which I did successfully.
Product launch took place in Dec 2013 everything went well but being new category the sales did not happened as expected but as per our strategy we were heading towards the right path which no doubt will take its own time as "Rome was not build in day.'' Although company has only one product to sale right now & there is no brand extension or product addition being sighted in companies portfolio basket might take another 6 months to roll out and by the time without good volumes thru one product will create frustration and the attrition.
My new VP joined on 20th May everything was cool till 4th July when we were discussing some marketing plan he could not answer my query and abruptly started shouting in front of office staff and arbitrarily without notice he scrapped my position and violated all my rights by making dummy position in one hour and issued mail without HR consent that I will handle WUP project (alone) while all people reporting to me will be now taken care by him also all my responsibility by him and his coordinator.
I and my team is facing intimidating, harassing & humiliating mails from him as he started sending all mails down to my subordinates stating I have no right to manage team and i have to just obey his orders which has spoiled my earned image of 20 yrs in trade moreover all the issues pertaining to this VP has been shared with HR though HR convinces me that company trust you so have faith but for time being you just behave like a sheep and not like sales head which also does not satisfy my as convincing answer.
Now I am still facing unbearable humiliation from him where things have gone out of hand as he is creating hurdles in project and have asked HR to scrap my post and decide on my future. I have spoken to him that platform which he is standing is my individual planned and established infra how you can say that I have not contributed to company and what back ground he is has scrapped my position....which I was never discussed and neither ever mailed as concern if any. I have not resigned but yesterday Meeting Invitation to all was sent except me....whilst Richard is telling staff I have quit when I have not received any show cause or any communication from office ...so I immediately filed a NOTICE on 23rd July through a lawyer asking for explanation but very next day of receiving the legal notice company issued me the termination letter on 30th July 2014 .
Now, I want to be reinstated, compensated for wrongful termination and character defamation.Can I sue this VP for character defamation in IPC & Civil in slandery & libel category.
Would be looking for your urgent response and guidence what to do.
Prashant
04 August 2014 at 09:51
Respected All,
I had joined one ITES organization. However I left the organization within 2 months without serving complete notice period. I had neither accepted any appointment letter nor had I signed any bond with the organization.
Can you please assist me whether I am liable for the notice period? Now I have received a legal notice in which they are asking me to pay the Notice Period Amount.
On this can I go to the labor court or will I have to settle the notice period amount?
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Definition of regular service , appointment keeping in view industrial disputes act 1947
Sir,
I was appointed in an Government Autonomous Body on temporary basis on temporary post but for 13 years continuously without any single day break and without any extension clause.
I just want to know whether me, being workman can be considered as regular employee as per Industrial Disputes Act 1947 on the basis of following facts : -
(i) I have contineously worked on regular pay scale with all facilities connected with running pay scale like DA, HRA, CPF, implementation of 5th & 6th pay commission report on running pay scale without single day break, without any extension clause.
(ii) In the official papers while processing to employment exchange, the post was shown as temporary and appointment was shown on temporary basis.
(iii) can I fight for grant of ACP on the plea that I was continuously worked on regular basis for 13 years on the post without single day break.
(iv) Can I be considered as regular employee in terms of Industrial Disputes ACt 1947.
Kindly help