prakash
16 July 2014 at 20:22
Respected sir/madam,I am prakash sathvara, i had work 4 years 356 days only 9 days less in 5 years in UPL LIMITED COMPANY, BHARUCH(GUJARAT) without any break.i resign in that company with one month notice period completes 4years 356 days. MY company didn't gave my gratuity.SO, by indian labour&service law, can i have my gratuity or not?
G. ARAVINTHAN
16 July 2014 at 07:23
under Cooperative Societies Act, surcharge proceedings were initiated.
the proceedings were challenged before District Judge by way of Civil Miscellaneous appeal.
No provision to go for appeal/revision provided under Act against the same.
How to challenge the order made in that CMA?
under Article 226 of 227 of constitution of India.
Siddiqa
15 July 2014 at 19:52
Hi
Please let me know can't we take leaves for genuine reason and if management and HR r helpless whom should v approach
Thanks in advance
Santhosh K K
14 July 2014 at 16:40
I was verbally asked to either accept a transfer or put down my papers. I sent a mail (as they were not ready to offer any written communication in this regard) informing them that since the options offered did not suit me I would be forced to put down my papers. There was no response for a very long time. One fine day I am informed that it was my last day and as they have accepted my resignation and sent me a written communication to acknowledge that I have accepted the settlement offered. I feel cheated as they have not mentioned if they have accepted my resignation or not that could have helped me try for a job elsewhere. Request you to kindly offer your advice as to what could be done
raghavendra
12 July 2014 at 23:13
sir
one of my fried appointed as assistant Trainee in central public sector enterprises. as per the appointment letter after completion of one year he will be absorbed as workmen, during the period training company issued letter saying your training period is not satisfactory, after completion of one year instead of absorption has extended the training period ,, kindly advice me what is the solution
th
kannan
12 July 2014 at 17:18
a person got government job giving false certificate that "no one is in govt job in his family". at the time of deceased government servant (his father), his mother in government service. after 2 years of death of the government servant, he hide his mother was in govt job and got government job. How to take disciplinary action against him.
Member (Account Deleted)
12 July 2014 at 04:38
Hello,
I worked with an engg. service provider as a Design Engineer and was deputed at a Defence Site.
Though my employer is based in Gurgaon, I worked at client site, New Delhi, only (October to April 2014). I visited my employer's office only twice (interview & joining). My offer letter does not mentions notice pay though it mentions notice period (1 month). It also mentions that all my original certificates are to deposited which I refused. They tried to convince me (I was unemployed) but finally settled on to deduct 20% salary for 2 months instead. They deducted Employer's share of EPF from my salary as shown by salary slip.
15-10-14 - The client (Defence Directorate) upon joining issued me a Temporary Pass for Contractual Employment, issued by Min Of Defence. Of course after signing some documents which though I am not sure, was perhaps similar to Army Act. I was not given a copy of it.
All of us (non defence personnel) were barred from carrying cell phones inside, which hurt my further job hunt, though there was land-line in office but we were told to access it only in emergency. I used to keep phone in lockers for visitors as everybody else who knew its password including the employees of other firms working in same building.
02-01-14 - When I was going to put my phone there it was seized and I was given a paper (security violation). Some uniformed defence personnel visiting that area and not holding authorized phone pass, were also charged. We collected phones from Defence Security HQ near Rashtrapati Bhawan. From that day on I started keeping phone at a shop nearby.
The client regularly briefed us on significance of the earlier mentioned document, pass & security every month. During meetings some of us (not me) asked our supervisor (another non defence firm's representative) & employer to request the client to grant us a place for a formal safekeeping of cell phones as we used to keep the phones at shops nearby. Supervisor always said the client had denied.
I didn't like the job as it was non-technical copy-paste work (only according to me, not others) and unavailability of cell phone during office hours was hurting my job hunt. I conveyed it to my employer through written self-appraisal. I do not possess a receiving copy of it. I verbally cited this as reason for my unauthorized leave record (20 in 6 months) implicitly to the client also a number of times. Sometimes I informed through SMS (for leave, not the issue).
18-04-14 - Salary of march was finally paid after client pressured employer. No prior intimation of delay. I implicitly told colleagues I am thinking not to work till salary is paid. They told me last year when they did it (in April-13) they were told by client to 'Go Home'.
28-04-14 - SMSd client that due to medical issues I will not visit office.
16-05-14 - I resigned through email to HR, Admin & CEO. Cited health problems as SMSd to client for not being able to resign in-person. Proposed notice period to end on 30-05 OR 15-06-14. Requested to acknowledge and confirm the date of release. Stated I am not in possession of any of company's property. Asked for April's salary. Gave bank account details and address.
In between received call from employer's representative for pass. He told me if unable to visit office courier it at Gurgaon Office. I agreed to do so. When asked him about certificates and April's salary (I worked for some 18 workdays) he said contact Gurgaon office.
30-05-14 - Asked for unpaid salary of April & settelment certificates again.
30-05-14 - HR replied by saying you are continuously absent and received your resign, you have not served notice period. Contact Admin for salary.
30-05-14 - I replied by citing that I have mentioned the notice period in resignation & had asked them to confirm. Mentioned since still having health problems not able to visit office and requested again for salary and confirmation of release date.
31-05-14 - The pass expired(Was valid till 31-05-2014)
10-06-14 - Sent a signed resignation letter to Gurgaon office (The Manager HR & Admin) attaching the printout of email. Additionally requested to consider absence from 28-04-14 till 15-06-14 as leave without pay. Asked for everything (salary, relieving cert.) again by 15-06-14.
In between again a phone call by from employer's representative for pass. Again I agreed. Made my same query again. Same reply.
01-07-14 - Again he called this time I told him I'll deliver the pass (but inform him the date when I will deliver) only if he updates me on salary & relieving issue.
04-07-14 - Admin manager (employer) called (from client location) for pass. He told me the client is furious and contemplating action for the pass. I made my same query. He told me come to Gurgaon we'll talk. I agreed.
5 minutes later I thought what if the pass gets lost during courier or employer doesn't acknowledge the receipt. I called admin back at same no. He had left by then.
04-07-14 - I emailed HR, Admin & CEO stating that pass requires submission only to Security Office (Client Site/HQ). I added that the pass may not be in my possession. Even if it was I can send (by POST/Courier) the document/FIR copy of lost & found, only when EMPLOYER provides me formal acknowledgement of my resignation AND release/NOC/clearance letter through e-mail AND mail (not by phone). They may add the directive regarding submission of the above mentioned document to it.
Added that I forfeit any financial (including salary of month April'2014 and security) or professional claim provided EMPLOYER formally acknowledges the mutual termination of the contract and I wish to communicate with EMPLOYER only through e-mail/mail.
07-07-14 - Hr emailed.
Loosing pass and not reporting its loss is a grave misconduct besides having its legal implications as also reportedly explained to you during numerous telephone conversations.No NOC can be granted by EMPLOYER till you have submitted such an important Defence security document. While we received an email from you about your intentions to resign but such a request is to be followed up with a written and signed letter addressed to EMPLOYER giving due reference to your appointment letter and joining report. This has not happened yet. These actions need to be completed before your resignation can be accepted. As of now you are unauthorizedly absent from your duties with EMPLOYER. You are therefore, advised to immediately locate and return the Defence HQ security pass issued to you. Submission of a loss report and a copy of FIR is bare minimum necessary before EMPLOYER can act on your resignation request.
07-07-14 - CEO emailed.
You may please note that unauthorized holding of MoD identity card or its alteration, destruction or transfer to another person is a penal offence. I would, therefore, request you to attach due importance / urgency to the matter and revert back to us by 09 Jul 13.
08-07-14 - I registered a Loss Report online with Delhi Police. emailed Employer the LR no and way to verify it.
Then in moment of heat ( and in all my infinite wisdom) I committed 'suicide'. Please see at-least page 6-9 of the attached PDF. I cannot reproduce it here.
Please help me in finding a legally binding solution (alongwith the relieving/clearance certificate, NOT at all interested in money) without:
- visiting court
- Client office
- Employer's office
I do not intend to inform my family about this. I'm sole earning member.
I am sure the employer(may be not) and Client (Damn Sure) are contemplating legal action.
NRK MURTHY
11 July 2014 at 18:12
dear Sir,
how to calculate no of man days worked.
give me example.
murthy
Jasim
10 July 2014 at 23:18
I appeared in the recruitment test of a maharatna psu. I qualified the written test and appeared for interview. According to the recruitment advertisement I was eligible for multiple disciplines and by virtue of my performance in written test I was deemed eligible to be interviewed for 4 disciplines. there were 2 interview boards, first one interviewed me for only 1 discipline (Production) and awarded me 8 marks out of 15. second one interviewed me for the remaining three disciplines (Mechanical, Drilling & Cementing) and awarded me 10 marks out of 15. in the second board seperate marks for seperate disciplines were not awarded, they awarded a single interview score which was to be used for all the three disciplines. other than that, 25 marks were for qualifying exam. if a candidate had the requisite qualification he was awarded 20 marks out of 25 and if he had the next in line qualification(PG) he was awarded 25 marks out of 25. I came to know all these via RTI applications. I was not selected after interview. I filed an RTI application to know my marks. I got 88 out of 150 in written, 8 marks in first interview and 10 marks in second interview and i got 20 marks for my qualifying degree. As explained in the reply to the RTI application marks scored in written test were first converted to out of 60 and then added to interview marks and qualifying exam marks to arrive at the final merit list. moreover, 9 marks were fixed to be minimum qualifying marks in the interview. according to this information I was ineligible to be considered for the discipline covered by first interview board and I was eligible for the remaining three disciplines covered by second interview board. my total score for the disciplines covered by second interview board comes out to be (88*60/150)+10+20 = 65.2 out of hundred. and the cutoff marks for final selection for my category were 64.8, 64.8 & 66.6 for Mechanical, Drilling & Cementing disciplines respectively. according to this information I got marks that were more than the cutoff marks in Mechanical and Drilling disciplines. but the reply to my RTI application states that "board 2 found him fit for Cementing discipline only". I filed another RTI application, asking them, among other things, to list various criteria that were considered while deeming a candidate fit for a certain discipline, as any such clause wasn't mentioned in the original recruitment advertisement. moreover I asked them whether they took into account the candidate's preferences (that were asked in while applying to the recruitment) while deeming a candidate fit for a ceratin discipline. my preferences were in the order Mechanical, Production, Cementing, Drilling. I recieved a response from the CPIO to my application but he didn't answer my question in which I asked to list the criteria that were considered while deeming a candidate fit for a certain discipline, neither did he explained whether a candidate's preferences were taken into account while doing so. in fact he didn't even mention the question in his response. my question is how should I proceed further. I am not well versed in what the law says on such instances, but what I understand from common sense is that when a single interview score was awarded for all three disciplines then both merit and preferences should have been taken into account to prepare the final merit list (like UPSC does). And if such a rule (which allows an interviewer to randomly find a candidate fit for a discipline) random existed they should have mentioned in the recruitment advertisement. instead of doing that, the interviewers found me fit only for Cementing without any particular reason and when I enquired for the same they didn't provide me with an answer. not only that, they completely ignored my preferences of disciplines. I can understand the fact that there is some subjectivity as far as interviews are concerned, but that subjectivity ceases to exist after the marks for interview are awarded. after that only the total score and the preferences of candidates are used to prepare merit lists. so please help me figure out what I shall do next. thank you
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Technical resignation
Dear Sir,
I am working as TGT science (G.P.4800) at Jawahar Navodaya Vidyalaya since 27th September 2001. Now I got selected in a State Govt. aided/sponsored school as Headmaster(G.P. 5600). I informed my dept. before applying for the same and also got N.O.C from my dept. for appearing the interview.In my N.O.C it was mentioned that No Lien will be permissible to me.
My questions are -
1. How shall I give technical resignation?
2. Whether my service will be continuous if I resign from present post?
3. Am I eligible to get any Lien?
Thanking you with anticipation
Koushik