vicky arora
07 March 2014 at 15:48
Case no. A.
Suppose, a company name xyz private ltd. (principal employer) entered into a service agreement with bcd private ltd.(contractor). In which bcd private ltd. is appointed as contractor for providing the following services (for e.g. supply of staff who will work as cook, office boy, peon and security guard at principal employer’s offices which are located at Haryana, Delhi, Noida, Ahmedabad & Bangalore). Total no. of staff is 53 who will work at principal employer’s offices (ie. Haryana branch office -35 employees, Delhi registered office -5 employees, Noida’s branch office -8 employees, Ahmedabad branch office- 3 employees & Bangalore branch office – 2 employees). Total no. of staff working with bcd private ltd. is 456. The principal employer & contractor are registered under “The Contract Labour (Regulation & Abolition) Act”, PF & ESIC and Shop & Establishment Act. The principal employer has a registered office at Delhi. The Contractor has a registered office at Gurgaon, Haryana.
Q.1. Whether contractor is liable to follow Minimum wage notification issued by Haryana State Government where it has registered office or Minimum wage notification issued by Haryana, Delhi, UP, Gujarat & Karnataka State Governments respectively where the principal employer has registered office and branch offices? (Moreover, contractor is registered under PF & ESIC have centralized registration no.).
Q2. Whether contractor is liable to maintain centralized or employer branch-wise- register of deductions, fines, advances, overtime & workmen etc.?
Case no. B (ref. to above case)
Xyz private ltd. (principal employer) is entered into another service agreement with def private ltd. (contractor). In which def private ltd. is appointed as contractor for providing the following service (for e.g. supply of staff who will work as security guard at principal employer’s office which is located at Delhi. Total no. of staff is 3 who will work at principal employer’s office (i.e. Delhi’s office). Total no. of staff working with def private ltd. is 44. The principal employer is registered under “The Contract Labour (Regulation & Abolition) Act”, PF & ESIC and Shop & Establishment Act. The contactor is registered under PF & ESIC. The principal employer & Contractor have a registered office at Delhi.
Q.1. Whether contractor is liable to follow Minimum wage notification issued by Delhi State Government where it has registered office even if employees are deployed at principal office is / are less than 20?
Q2. Whether contractor is liable to registered under The Contract Labour (Regulation & Abolition) Act & Shop & Establishment Act even if no. of employee deployed at principal office is less than 20?
Q3. Whether contractor is liable to maintain register of deductions, fines, advances, overtime & workmen etc. or not?
lakshman
06 March 2014 at 23:01
my 498a wife , is a government employ who has worked as part time tutor in an another government firm.is it legal to do two jobs at a time? what are the legal steps can be taken? is there any service rules for this in andhra pradesh.
jyoti
06 March 2014 at 21:50
An official of SBI was suspended pending commencement of disciplinary proceeding. He was instructed not to leave HQ and prior permission should be obtained from the Bank.
There was an incentive programme for visiting Malaysia by SBIMF. He had got selected and the tour programme was approved by the Chairman of the Bank.SBI Mutual Fund arranged for VISA and he proceeded to Malaysia for a 4 day programme alongwith 140 officials
Bank has now chargesheeted him for not taking prior permission. Incidentally, the other officials serving the Bank and who had visited alongwith him has not sought such permission.
kamaraj
06 March 2014 at 21:23
sir, I was appointed as B T asst in a tamil nadu aided school in 21-09-1992. I got two incentive and selection grade.In 12-3-2004 i got promotion as p g asst.My pay is very less than my junior ,appointed in 20-10-1992 as B T asst. He got two incentive recently and spl grade. The headmaster says that I cat not compare the salary of my junior because we are in differnt post (.He is junior in cadre and junior in service.) please kindly help me
lakshman
06 March 2014 at 15:36
i am ap state govt.employ in education department. i have been imprisoned under 498a for more than 48 hrs.i got bail after a week and joined my duty.after one month police have sent my remand report to D.E.O.who in return suspended me from the date of my imprisonment until all termination of all proceedings relating to the criminal charges. what can i do now to revoke my suspension? plz advice
Danish Siddiqui
05 March 2014 at 15:00
Hi,
I was working with a company and had been to USA for training & learning the process for one month. Company has made me sign a bond for that. The bond terms and conditions were either I serve in the organisation for two years or pay three lac rupees as compensation back to the company.
Also, While working with the company I have worked much longer hours due to business requirement I have worked 15-16 hours per day for month on month and even on weekends also to stabilize the project whereas the appointment letter have only stated 9 hours a day 5 days a week. I have not got any overtime for that project.
I have left the company after 1.3 years for better career prospects with out any notice period now the company is not issuing me the relieving letter as I have not paid the bond amount and asking a certain amount (includes bond amount) to give my relieving letter.
I am ready to pay the notice period amount, and not the bond amount as I feel I have served much longer hours than required in the company.
Could you please help me what legal options are available with me? Whether company can deny issuing me the Relieving letter ? What will the process to file a case against the company? How much it will cost ? Appreciate if anyone can reply to my above doubts so that I can go ahead with the legal option
Ramarao Velagapudi
05 March 2014 at 06:35
I was suspended in 1987 on a complaint by a client of bank of misappropriating money from their account. CBI filed a case against me in 1989 & I was acquitted in 1990 of the charges.
I was not reinstated nor was a charge sheet issued to me since 1987. At my request, Hon High Court had ordered payment of full salary to me in Jan 1991. Bank reinstated me in March 1991 & served a charge sheet.
Enquiry was started in Nov 1991. Defense found that bank documents furnished as prosecution documents were tampered with and unrelated papers were substituted. Enquiry Officer recorded defense objections and chided PO. PO had collected certified documents summoned by defense and suppressed same, but stated before EO that custodians refused to give certified documents.
PO presented same documents later as prosecution documents and defense pointed out the above deception. recorded by EO.
EO replaced in Jan 1994 by another. EO2 had rushed the proceedings - first he stated enquiry will be 'de novo', but continued cross-examination of PW from previous hearing date itself and even same question numbers were adopted. PW stated that complainant tried to cheat his branch and that he was 'advised' by RM office that she was a 'friend of GM' and to open an account and forward her loan application for sanction. (I had alerted branch and the scam was stopped).
Cross-examination of PW2 by defense was interrupted & witness was 'discharged' without allowing disclosure of his complicity.
Next day he declared enquiry is closed. Defense's protest was ignored, some statements (falsely attributed to defense) stating they didn't have any witnesses /documents to present were inserted in the enquiry proceedings.
I was removed from service and appeal was rejected.
Writ was filed by me in Hyd HC in 1999 and is pending.
Please advise what are the options available to me.
V. Ramarao
Minna
04 March 2014 at 18:58
Dear Sir/Madam,
I am glad to be a part of this Forum. I am facing an issue and will appreciate if someone can guide me in this respect.
I was married last year and had to move overseas where my husband works. I had taken permission from the organisation (semi-government not for profit organisation) I was working for to issue me paid leaves during that time which was granted to me. After my leaves were over, I was advised to join the organisation with immediate effect. Since I was not able to join back, I resigned from the organisation in September.
While I didn't receive the acknowledgement, after 18 days from the date of my resignation I received a back-dated letter from the organisation stating that 'they accept my resignation. However I will be relieved at the scheduled date (after 1 month) once I clear the dues. Since then I asked the company to kindly let me know my outstanding dues so that I can clear well in time, during the notice period and be relieved on the scheduled date. However, I was not informed of any of my dues during the notice period.
Since then I was continuously following up with them to kindly let me know the pending dues. After repeated reminders I received an accounts statement in January 2014 indicating the the dues to be settled (while there are no outstanding dues pending from my end, they want to get back the money which was accidentally credited to my account by them - an error on their part)
When I enquired over the date of my relieving from duties, I am made to understand that I have already been relieved on the scheduled date last year but I need to clear my dues now so that I can get an experience certificate.
I tried to make them understand that I was not informed of my relieving nor was I informed of the nature of dues to be settled during my notice period. I requested them to kindly change the date of my relieving on the day when I was informed about the pending dues. But they have ignored my requests are not willing to accept this.
Since I was not clear of the fact that I have been relieved from the organisation, I was not able to join any other organisation. This has caused a gap of 4 months in my professional career since I was only able to join other organisation after January once I was made to understand that I have been relieved.
Please advise as to how should I tackle this issue? Should I take legal recourse.
Many thanks
Navin Pandya
04 March 2014 at 13:57
Dear Legal Experts,
Namaste!
I have the following query:
M&M Ltd's Certified Standing Orders provide for dismissal without Notice. How Labour Commissioner has certified and allowed such provision? Is it not violation of fundamental/human right?
"clause 23 (1) A workman guilty of misconduct may be-
(a) warned or censured, or (b) fined subject to and in accordance with the provisions of the Payment of Wages Act,1936, or (c) suspended by an order in writing signed by the Manager for a period not exceeding four days, or (d) dismissed without notice." The formality of charge-sheet and enquiry to be completed.
Can such provision be challenged under Writ
Petition?
Kindly advise.
Best regards,
Navin Pandya
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