mmsarvotham
18 March 2014 at 21:56
I joined a private Ltd company of Delhi as consultant for helping them open a company in Ghana for exporting raw cashew nuts from Ghana.Rs 50000. was fixed as fee per month in India.No paper work was made in this regard as one of the directors was a friend.
Ghana company was opened with three directors of the Delhi company and me as Resident director without share.Investment was not transferred by the Delhi company to Ghana due to some problem so it was decided that we export through a company in Ghana who will also be the supplier of raw cashew nut.For hotel stay /boarding/transportation and other expenses USD 100 was fixed as daily allowance .Again , no written agreement was made.
From February to October four consignments totaling 800MT were made.The advance amount in full as per the proforma invoice was remitted by the Delhi company to the exporter's company in Ghana directly.I obtained resident permit in Ghana and became an NRI.
During November 2013 amount for 210 MT was sent against the p.invoice for supply.
One of the directors in Delhi wanted to engage his own people/relative in Ghana and stopped my daily allowance after 19th Dec 2013.By then I had overseen shipment of 5 containers. Since no amount was paid I had to leave buying my own ticket to Delhi.Since Feb., 2013 I had spent my own funds of USD 2500 which they had promised to reimburse in Delhi.
They engaged the relative of the Director in Delhi to organize the export ad also the Director visited Ghana to have some kind of understanding with the exporter/supplier.The exporter /supplier has sent only 3 containers in January and has asked for time from them to export.
After cleverly making me to leave Ghana , they realized that they were unable to liaise with the exporter. I offered to go back to Ghana but they refused and the Director in Delhi went to Ghana himself to talk to the exporter. Some understanding was arrived at between them for shipment of balance goods but I was kept in the dark about any development.
Now since they are facing problem with exporter, they are intimidating that only after the exporter sends all goods, they would pay me the consultation fee from January which they have stopped paying and also my ticket money and USD 2500 spent from my pocket to stay in Ghana while doing their work.After making me leave Ghana and usurping all the work in Ghana ,by dealing with exporter on their own for 3 months ,once they realized that they cannot deal with the exporter in Ghana they are trying to hold me responsible for the exporter delaying the shipment. They are not willing to send me to Ghana to deal with the situation but wants me to solve it sitting in Delhi.This way they have not paid any dues to me.
The directors have always communicated over phone and refrained cleverly from sending mails. Many times they had denied having knowledge a certain matter and I had to show them all my mails.
1. I need to claim my consultation fee ffrom Jan 2014, return ticket money of USD 1200 and USD 2500 which I had spent in Ghana. I have correspondence for all the above and reminders sent by me.
2. Though I am willing to be sent to Ghana to help them get goods from exporter, I want them to stop holding me responsible for developments after 19th Dec 2013, since the date I was made to leave Ghana.
3.Though no mail was received by me till date as they have the habit of communicating through phone only, so that they can deny later, one director wrote a nasty letter today.I wish to claim damages for that.
Please advise.
s das
17 March 2014 at 21:36
Sir
I would like to know whether there is any specific law/guideline which governs maintainence /marking of attendance register i.e "L" for leave,"A" for absent etc.
Also what is the difference between "Leave" and "Absent"
subrata panja
17 March 2014 at 17:30
Respected Members,
I am a contractual Paramedical staff under Indian railway.In the railway there are many persons who are engaged as "Contractual Paramedical staff"(Group-C)since a long period and serving as the regular employee.I like to know is there any scope to regularization of such employees and any example of this type of regularization process is available as ready reference?
KRaj
17 March 2014 at 15:53
I have worked in a software firm which is a Private Limited Company for 27 long years. Since last many years I was getting part salary only. Since Nov.'13 I have left the company and serving in another firm. My total outstanding is Aprox. 22Lacs. (Salary O/S. Rs.6Lacs, Service Amt. Rs.8Lacs, PF Adj. Amt. Rs.5Lacs and Overdue charges committed by company Rs.4 Lacs). The company has no assets or resources except 2 products' software source code which is hard to sell. There is a house in the director's wife name who is also a director in this company. But there is a I.Tax attachment notice on the house from some other matter.
There is one more partner (50% stakeholder) of this company is a owner of another company which is running successfully. This partner has personal assets too. But he become partner in between i.e. 4 years back.
Now I am communicating with both of them but I am not getting any commitment or assurance from anybody. I am helpless and my whole life's savings are hanging in the employer's mercy. Except this money matter my relationship with my employer is very good and cordial.
I have my daughter's marriage and son's higher education ahead (in 3 months time) and have no savings with me.
Can anyone suggest me the correct legal advice. Is it possible to get legal remedy for my problem. If possible how to recover money. Is there a law which attaches the personal assets of the director to pay employee's salary & service amt. outstanding. How long it will take to complete the case. In PF, the company has deducted but didn't deposited the amount for last year and given assurance that it will pay back as per PF calculation with other benefits when I leave. How to handle this problem. In which court these cases will fall? Is it possible to approach consumer forum or other authority which does remedial action speedily. Please advise me. Thanks.
PANKAJ TIWARI
16 March 2014 at 21:02
महोदया,
ईस ईमेल के द्वारा में आपका ध्यान उस मुद्दे की तरफ आकर्षित करना चाहता हूँ जिसकी तरफ आज तक सरकार ने न ही शिक्षा विभाग ने और न ही मीडिया ने कोई ध्यान दिया लेकिन आज यह मुद्दा कितने ही परिवारों के लिए एक समस्या बन चुकी है l
में आपका ध्यान आकर्षित करना चाहता हूँ शिक्षा विभाग में कार्यरत महिला प्रबोधक अध्यापकों की तरफ जिन्हें भाजपा की वसुंधरा सरकार ने वर्ष २००८ ने पेराटीचर से प्रबोधक के रूप में नियमित करके कितने ही परिवारों के जीवन को एक नई रोशनी प्रदान की लेकिन बाद में सत्ता परिवर्तन हो गया और इनकी स्थानान्तरण की कोई निति नहीं बन सकी बाद की सरकार ने इस पर कोई भी ध्यान नहीं दिया जिसके आज ६ वर्षों के बाद भी प्रबोधको को कोई राहत नहीं मिल पाई और विशेषकर उन महिला प्रबोधको को जिनकी नियुक्ति उनके विवाह के पहले पेराटीचर के रूप में उनके पीयर में या उसके आस पास हुई थी और उसी विद्यालय में प्रबोधक के रूप में उनका स्थायीकरण कर दिया गया, उसके बाद इनमे से कितनी ही महिला प्रबोधको का विवाह दूसरे जिलो में हुआ पर स्थानान्तरण निति नहीं होने के कारण वे आज तक अपने गृह जिलो में नहीं जा सकी उसका नतीजा यह हुआ की न तो वे अपने परिवार पर नहीं अपनी नौकरी पर ध्यान दे पा रही है और उनके जीवन में कई प्रश्न खड़े हो गए की वो अपने सामाजिक दायित्वों का निर्वाह करे या अपने कैरियर पर ध्यान दे l
जब सरकार ने दूसरे अध्यापकों के स्थानान्तरण के लिए आवेदन मांगे तो यह कहकर प्रबोधको के आवेदन स्वीकार नहीं किये गए की इनकी नियुक्ति उसी विध्यालय के लिए हुई है (संलग्नक-1) लेकिन इनके नियुक्ति पत्र (संलग्नक-2) में कई भी इसका उल्लेख नहीं किया गया था व बाद में यह शर्त लगाना वाकई अनुचित है और संवेधानिक अधिकारों का उलन्घन है l
वही पर जहा आगनबाडी प्रेरको की नियुक्ति की जाति है तो इस चीज का ध्यान रखा जाता है की की अविवाहित युवती की नियुक्ति न हो (संलग्नक-3)और अगर ऐसा होता है तो शादी के बाद उस पद के खाली होने के कारण सारी प्रक्रिया फिर से करनी पड़ती है लेकिन पेराटीचर की नियुक्ति करते वक्त इन सभी बातों का ध्यान नहीं रखा गया और कितनी ही अविवाहित युवतियों को नियुक्ति दे दी गई क्या सरकार को पता नहीं था की इनका विवाह भी होगा और यह अपने ससुराल भी जाएँगी और अगर इनकी नियुक्ति करके इनका स्थायीकरण किया गया है तो इनका स्थानांतरण होना भी प्रासंगिक है व समय की जरुरत है पहले भी राजस्थान पत्रिका ने इस मुद्दे को उठाया था (संलग्नक-4) लेकिन कांग्रेस की सरकार ने कोई ध्यान नहीं दिया है |आज जब राज्य में एक महिला मुख्यमंत्री बनी है तो एक नई उम्मीद जगी है की यह महिला प्रबोधक अपने गृह जिलो में स्थानांतरित होकर अपने परिवार और अपनी नौकरी पर ध्यान दे सकेंगी l
इन प्रबोधको ने भी अपने स्तर पर हर जगह आवेदन किया (मुख्यमंत्री को,शिक्षा मंत्री को,विभाग को) लेकिन कोई नतीजा नहीं निकला (संलग्नक-5) l
महोदय आपसे यह जानना चाहता हूँ की इस केस को कोर्ट में डाला जा सकता है
DKTAZILANOM9909
14 March 2014 at 22:01
Dear Sir,
We are the permanent employees of a PSU and an exempted establishment from The Employees' Provident Fund & MP Act, 1952 under requisite provisions of the Act. So our Corporation maintains PF details by its own Trustee Board. We have our self generated pension scheme which is far better than the Govt. Pension Scheme i.e. EPS’95 Scheme. Our query is that can we get exemption from EPS’95 ? If yes/no, then why?
Note : Our contract labour employees have no pension scheme of their own & so they are covered by EPS’95.
regards,
Swapan
Priyanka Vijay
14 March 2014 at 11:45
Hi there,
My query is "can women employees be employed in night Shifts in IT/ITeS companies if yes, then under which provisions?
My query is specific for the State of Tamil Nadu, Andhra Pradesh and Hariyana.
I could not find any provisions in S&E act of these States.
Please let me know the answer.
regards
Priyanka
Jasjeet Singh
14 March 2014 at 11:13
My client joined a private company on 4 april 2013 and company filled a bond of 1 year. Now due to unavoidable circumstances he gave his resignation to the company. but company inform him that either pay a bond amount of 2 lakh rupees or complete a notice period of 1 month. After that my client got ready to complete the notice period of 1 month. When my client went to the company, they did not allow him to enter the company office and send him back. On the other hand company sent two notices to my cleint at his correspondence and permanent address. According to me, they are just creating a ground for suing my client. But my client is ready to serve for notice period. but they are not allowing him to join for remaning notice period. what should we do in this situation. Assitance of my learned friends is required. Should i send them legal notice?
prakash
13 March 2014 at 22:05
If one's brother has appeared in an written examination for job in the same department in which he is working. And the person has participate in the examination process as an evaluator only but has not scrutinized his brother's answer sheet. Also his brother is not selected and there is no any manipulation or irregularity in the said answer sheet. In this case can the person is charged with major penalty if yes under which law?
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Relieving letter
Hi,
I am working as management trainee in one of the leading KPO based at gurgaon and my terms of contract required me to serve 90 days period notice however I got one offer which required me to join with in 45 days so I may give only 45 days notice and also ready to buyout the remaining period of my notice.
However I dont have coordial terms with management and they are strict on giving 90 days notice without any negotiation otherwise they are saying they wont give me the relieving and without it I will not be able to join the next company.
Would they witheld my relieving and what is the procedure that they will give me in 45 days
They are harassing me daily by saying you wont get relieving in 45 days.
Plesae help I am very tensed.