T. K. Jacob
01 April 2014 at 09:27
Sir,
The Indian Institute of Spices Research, Kozhikode(Calicut)is an Institute under the Indian Council of Agricultural Research,New Delhi, Ministry of Agriculture, Govt. of India.Based on a judgement of the Hon'ble High Court of Kerala in 2009, we are engaging 30 workers as casual workers in our Institute. The High Court judgement directs us to engage them only when casual work is available at the Institute. However, some of them completed more than 240 days of casual work in a year for the last continuous 3 years (they worked 3 years, completing 240 days in a year). Now they have requested for payment of non-productivity linked bonus.Kindly advise us whether they are eligible for bonus?
We are highly obliged to you for an early reply.
With thanks and regards,
T.K. Jacob,
Principal Scientist,
Indian Institute of Spices Research,
Marikunnu Post,
Kozhikode, Kerala-673 012
Mob: 09447539967.
puneet
01 April 2014 at 01:04
Hi Sir,
I filed the case in the Bangalore labour court. All the hearings are over.
The case is now left for awards for more than 3 months. The last hearing was in the month of December.
May I know how much time it generally takes?
I also got the information the Judge is getting retired this month(April).
Can anyone suggest what I can do to get my awards on time.
Regards
Raziya Jakate
31 March 2014 at 12:31
Greeting Seniors!
Can basic salary be considered 6500 for all only for PF deduction (Employee contribution), even if their actual Basic is more than Rs.6500.
SAM
31 March 2014 at 10:31
Dear Respected Advocates,
I am working in Mall Management company in Mumbai in Andheri East. We require expert advise from Advocate for his opinion on Labour and Service Law. Would be able to file matter in labour court in mumbai for service related issues.
Request you to kindly please do post your name and mobile no. in message so that i will contact you and forward it to my HR Dept. and will fix up meeting with yourself.
Thanks & Regards,
SAM
staffy
31 March 2014 at 09:17
hello,
i took vrs from my service ,with inquiry pending as an alligation of not attending my boss after office hours at his house for dictation,my alligation was dismissed,
my gratuity is pending,will i m going to receive interest on delayed payment of gratuity,for 1.5 years?my gratuity was ordered in 1feb 2014 but still pending ,will i m going to receive interest for 1.5 years i.e time i fought inquiry,if yes under what provisions of rajasthan service rules,i want to quote it in my application.
subhash chandra
30 March 2014 at 18:20
Sir
I have requested for posting at Jaipur
accordingly DOPT O.M. but my department has refused to implement it. Application & O.M.
attached. Please guide me what wold me next step so Department follow it.
To,
The Director General of Meteorology
India Meteorological Department
Mausam Bhawan Loadi Road
New Delhi -11003
Subject:- Request for Posting at Jaipur as AM-II
(Reference: - O.M. F.NO. 28034/9/2009-Estt. (A) Govt. of India Ministry of personnel, Public Grievances & pensions ( DOP &T ) North Block, New Delhi. Dated 30th Sept. 2009. Subject: - Posting of husband & wife at the same station.)
Sir,
With reference to the office order cited above subject, I have been promoted to the post of AM-II and posted at DGM'S office, New Delhi.
In this connection I am to state that my wife is working in Rajasthan Govt. in Education Department as a teacher and posted near Sanganer Jaipur (Govt.Upper Primary School,Thala.) Posting certificate enclosed as Annexure -I.
My teenaged children are studying at Jaipur and needs my patronage; therefore my posting at Jaipur may kindly be considered sympathetically.
Furthermore, DOPT O.M. F.NO.28034/9/2009 Esst. (A)dated 30th Sept. 2009. Para 4 section(vii) which envisage that-
4(vii) Where one spouse is employed under Central Govt. and other spouse is enployed under the state Govt.:-
"The spouse employed under the Central Govt. may apply to the competent authority and the competent authority may post the said officer to the station OR if there is no post in the station to the state where the other spouse is posted." Enclosed as Annexure- II.
Under the above provision your requested kindly consider my case of posting at Jaipur.
Thanking you.
Yours Faithfully.
Date:-
(Subhash Chandra)
(SA)
MC Jaipur (Rajasthan)
Annexure: As Stated
Annexure- II
Posting of husband and wife – Same station – DOPT Order
F.NO.28034/9/2009-Estt.(A)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
North Block, New Delhi, Dated the 30th Sept2009.
OFFICE MEMORANDUM
Subject: Posting of husband and wife at the same station
In view of the utmost importance attached to the enhancement of women’s status in all walks of life and to enable them to lead a normal family life as also to ensure the education and welfare of the children, guidelines were issued by DOP&T in O.M No. 28034/7/86-Estt.(A) dated 3.4.86 and No.28034/2/97-Estt.(A) dated 12.6.97 for posting of husband and wife who are in Government service, at the same station. Department had on 23.8.2004 issued instructions to all Mins. / Deptts. to follow the above guidelines in letter and spirit.
2. In the context of the need to make concerted efforts to increase representation of women in Central Government jobs, these guidelines have been reviewed to see whether the instructions could be made mandatory. It has been decided that when both spouses are in same Central Service or working in same Deptt. and if posts are available, they may mandatorily be posted at the same station. It is also necessary to make the provisions at Paras 3(iv) and (vi) of the O.M. dated 3.4.86 stronger as it is not always necessary that the service to which the spouse with longer service belongs has adequate number of posts and posting to the nearest station by either of the Department may become necessary.
3. On the basis of the 6th CPC Report, Govt. servants have already been allowed the facility of Child Care Leave which is admissible till the children attain 18 years of age. On similar lines, provisions of O.M. dated 12.6.97 have been amended.
4. The consolidated guidelines will now be as follows:
(i) Where the spouses belong to the same All India Service or two of the All India Services, namely lAS, IPS and Indian Forest Service (Group ‘A’);
The spouse may be transferred to the same cadre by providing for a cadre transfer of one spouse to the Cadre of the other spouse, on the request of the member of service subject to the member of service not being posted under this process to his/her home cadre. Postings within the Cadre will, of course, fall within the purview of the State Govt.
(ii) Where one spouse belongs to one of the All India Services and the other spouse belongs’ to one of the Central Services:-
The cadre controlling authority of the Central Service may post the officer to the station or if there is no post in that station, to the State where the other spouse belonging to the All India service is posted.
(iii) Where the spouses belong to the same Central Service:
The Cadre controlling authority may post the spouses to the same station.
(iv) Where the spouse belongs to one Central Service and the other spouse belongs to another Central Service:-
The spouse with the longer service at a station may apply to his/her appropriate cadre controlling authority and the said authority may post the said officer to the station or if there is no post in that station to the nearest station where the post exists. In case that authority, after consideration of the request, is not in a position to accede to the request, on the basis of non-availability of vacant post, the spouse with lesser service may apply to the appropriate cadre authority accordingly, and that authority will consider such requests for posting the said officer to the station or if there is no post in that station to the nearest station where the post exists.
(v) Where one spouse belongs to an All India Service and the other spouse belongs to a Public Sector Undertaking:
The spouse employed under the Public Sector Undertaking may apply to the competent authority and said authority may post the said officer to the station, or if there is no post under the PSU in that station, to the State where the other spouse is posted.
(vi) Where one spouse belongs to a Central Service and the other spouse belongs to a PSU:-
The spouse employed under the PSU ‘may apply to the competent authority and the said authority may post the officer to the station or if there is no post under the PSU in that station, to the station nearest to the station where the other spouse is posted. If, however, the request cannot be granted because the PSU has no post in the said station, then the spouse belonging to the Central Service may apply to the appropriate cadre controlling authority and the said authority may post the said officer to the station or if there is no post in that station, to the station nearest to the station where the spouse employed under PSU is posted.
(vii) Where one spouse is employed under the Central Govt. and the other spouse is employed under the state Govt.:-
The spouse employed under the Central Govt. may apply to the competent authority and the competent authority may post the said officer to the station or if there is no post in that station to the State where the other spouse is posted.
(viii) ”The husband & wife, if working in the same Department and if the required level of post is available, should invariably be posted together in order to enable them to lead a normal family life and look after the welfare of their children especially till the children attain 18 years of age. This will not apply on appointment under the central Staffing Scheme. Where only wife is a Govt. servant, the above concessions would be applicable to the Govt. servant.
5. Complaints are sometimes received that even if posts are available in the station of posting of the spouse, the administrative authorities do not accommodate the employees citing administrative reasons. In all such cases, the cadre controlling authority should strive to post the employee at the station of the spouse and in case of inability to do so, specific reasons, therefor, may be communicated to the employee.
6. Although, normal channels of representations/complaints redressal mechanism exist in the Min. / Deptts., added safeguards to prevent noncompliance may be provided by ensuring that the complaints against nonadherence to the instructions are be decided by the authorities at least one level above the authorities which took the original decision when they are below the level of secretary to the Govt. of India/Head of the PSU concerned and all such representations are considered and disposed off in time bound manner.
7. Hindi version will follow.
(C.B.Paliwal)
Joint Secretary to the Govt. of India
subhash chandra
30 March 2014 at 18:12
Sir
I have requested for posting at Jaipur
accordingly DOPT O.M. but my department has refused to implement it. Application & O.M.
attached.
jay
30 March 2014 at 11:54
Respected Sir.
I am jay Bhogaita from Jamnagar. I am Law Student and running my Consultancy for Labour Law.
I want to know how much fees for renewal a Labour Licence for a company manpower is 300.
which documents to submit and where.
testa
29 March 2014 at 19:38
I quit the job for the harassment and bullying in the company.informed major things to management, they asked to continue and assured the problem won't repeat i was not ready since i felt not safe continuing.As few things happened in front of TL and i didn't get any permanent solution for the same.i was not even allowed to continue my work my system was controlled by some one and my work was not getting saved.Few files where locked in server, informed tl And showed it to some senior no help received from any one.i decided to leave the job and next day sent a resignation mail to hr briefing the things happened.and procedure to be followed to get relived.
I got a call from TL Saying his job is under Problem because of me.i went back to office and explained to to them they gave Knowledge Transfer Option and they said they will decide and tell me what exactly it is.As i had worked only for 2 months and there was no training given to me.i accepted for kt Since it won't take much time.
Next Day i was expecting a mail from them instead got call from the TL blaming for not going to office.as we are not allowed to access person email and my official email was only foe internal purpose.i was expecting a reply.As i didn't get any reply i replied them asking about our discussion.they replied as if they don't know anything and i have to give 3 months notice or 6 months salary as per indemnity bond.i was still under probation period.It was for 3 months i had completed only two months.As i left the job because of the problems i faced i was not ready to pay them 1,50,000 Rs and was not even feeling safe to go back to the office.
I replied them its difficult to work for any one with that kind of work environment.h\He started blaming me that their are lot of girls working in his company no one had any problem till now.I had no words to say.
Now after one and half month i have received a notice saying i have to pay 1,50,000 and 5000 for notice.and i Should apologize for speaking about work culture.
Plz guide me How i can proceed... consulted a lawyer he is asking for 15,000 for replying for the notice. Financially i am not in a position to pay so much of amount as i am unemployed now.
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Please help! manager not releasing in 1 month: company notice period 2 months
Dear All
I work in MNC with 2 month notice period.
Below is the clause in my employee agreement which was signed by me at the time of joining –
Termination of Agreement
Either party is required to give written notice of intention to terminate the employment agreement or pay an equivalent amount calculated on basic pay for the unserved period of notice. The notice requirement shall be as follows :
Employees on probation: One Week
Confirmed employees: Two Month
Am I bound to work for full 2 months?
OR
I can get release after 1 month and paying 1 month equivalent amount?
Kindly provide your expert advice urgently !
Regards
Anju