Pradeep
27 February 2014 at 22:56
Sir, I am working in a PSU where peculiar incidence occurred. An employee appointed as Cat -I Mzr and later on promoted to the clerical grade. When he was appointed as Cat-I mzr his date of birth was recorded Feb 1958. Later on when he submitted his matriculate cert to get promotion it is seen that there is difference in between earlier recorded date of birth and HSC. As per HSC his date of birth is Feb 1954 . He got all promotional benefits on the basis of HSC. Accordingly employer decided to verify the cert from the concerned board to ascertain the genuineness of the cert. Several correspondence were made with the concerned board and requisite fees also paid but till date board authority did not reply. As the superannuation time is approaching management issued his superannuation notice on the basis of HSC. As per HSC he will be retiring from the service wef 28.02.14. Now the concerned employee take the shelter of law and got interim stay. Hon'Ble court directed to maintain the status quo till the outcome of decision. Now wheat steop management will take
1. Whether he will continue in his existing grade & capacity
2. Whether any fresh letter is to be issued to the employee , if so what type of letter to be given.
Can such case to be sustained in the eye of law as Honb"le SC given various judgement on the matter and matric cert is a valid documents and the Dob as recorded in the HSC should be taken as final. Kindly guide me
Jitendra Jain
27 February 2014 at 21:10
Dear All,
I am in need of your guidance in the following matter:-
- My client has served more than 8 years continuously in a Public Limited Company covered under Payment of Gratuity Act.
- He had resigned from the services of the company before six months back (September 2013) but he was not relieved by the company and informed him after one week of his resignation that some decisions which were taken by him during his last two years of tenure are being enquired.
- My client after waiting a period of two months started correspondence with the company to pay his entire dues including amount of gratuity but they did not respond.
- Due to this he lodged his claim with controlling authority under payment of gratuity act on 2nd Dec 2013.
- After lodging claim with the authority by my client, they informed him on 7.12.13 that services of my client terminated due to misconduct / lack of confidence in my client and lodged a vague FIR on 10th Dec'13 just to give strength to their decision of termination.
- They have done this all just to grab the amount of gratuity as gratuity is not payable in case of termination.
My query is can employer terminate the services of employee after tendering his resignation that too after 4 months of his resignation while during his long tenure with the company he was never given any letter / charge sheet about lack of confidence / misconduct.
Employee
27 February 2014 at 17:46
Dear Sir,
I received only 50% of salary for month of Dec-13 and that to delay by 3 days. There was no written or verbal information about half salary payout. There after till date the salary is gathered for 2 full month and pending 50%. Company was giving assurance that the matter of low fund will get resolved in 4-5 days time but this never happened. Non payment was done to complete sales team. Now the company is asking to resign from immediate effect and if not than company will terminate me from immediate effect. I want to understand as how can I take out my salary as I got into big pit due to number on non payments to bankers and other sources. I am morally down due to this and not able to understand as what is to be done. Please advice.
SARAVANAN.R
27 February 2014 at 17:25
Respected Sir,
Is there a notification of Ministry of Labour and Employment to include Hotels, Restaurants and eating places under Factories Act,1948. I saw in the Internet, an article on Economic times to the effect. Kindly correct me if I am wrong.
Saravanan Radhakrishnan
arunpal singh behal
27 February 2014 at 17:19
Can a registered trade union expell it's members for indiscipline and not letting the union to work and perform it's lawful duties ?
arunpal singh behal
27 February 2014 at 17:13
If a registered trade union has already given a notice of elections and is holding elections by secret ballot . Can some members hold a parrallel elections ?
SARAVANAN.R
27 February 2014 at 16:44
Respected Sir,
My query is whether private hospitals particularly corporate hospitals or hospitals under management of body corporates is an Industry. It is the same service sector like restaurants and Hotels which are not covered by Factories Act, 1948. Hence is there any law in our country which provides for protection to people in service organisations in private sector.Does the ID Act covers above workmen if he or she is retrenched or dismissed from service.
Saravanan Radhakrishnan
arunpal singh behal
27 February 2014 at 13:33
I am the president of Visaka industries kaamgaar sanghatan a registered trade union having 392 members. Our 3 years term expired on 29/12/2013 . Our union constitution states that we have to take a general body meeting in the month of January/February and if in that meeting the 9 office bearers don't get elected unanimously than vote by secret ballot is to be taken . But as our term was over on 27/12/2014 we decided to hold the meeting earlier than January and hence put a notice on 23/12/2013 to hold the meeting on 9/01/2014 . Some of the members did not let the meeting to be hold by making noises n tearing the union register . We gave 9 members show cause notice for disturbing the meeting and expelled 9 members . We than gave a notice of general body meeting on 26/01/2014 as it is mandatory to give a 15 days notice for general body meeting and hold the meeting on 09/02/2014 . In that meeting attended by 156 members I got elected unanimously as president and it was decided to hold the elections for other 8 office beards .hence election notice was given on 14/02/2014 and elections were held on 23/02 2014 and out of 392 members 202 polled our 8 office bearers got elected by getting 187 votes .
Meantime the other group gave us a notice that as we were not organising a general body meeting so they were holding a meeting on 05/02/2014 although it is mandatory as per unions constitution that members can hold meeting only after givin a 20 days notice to the union and if the union does not holds the meeting only than they can hold the meeting and it's also mandatory that a 15 days notice is given to members for general body meeting . They gave a notice to us on 18/01/2014 and hold the meeting on 05/02/2014 and put election notice on 15/02/2014 and hold the elections on 21/02/2014 and declared that they polled 192 votes and their winning candidates got 145 votes .
I want to know the legal status of our elections and does our expulsion of 9 members for anti union activities legally correct?
CS Jatinder Kapoor
27 February 2014 at 13:14
one of our clients was working in a private firm from last eight years and left the job.
- His employer didn't pay him salary of last two months, bonus and other benefits.
- Employer also refused to sign provident fund form and sent a letter to provident fund organization that this employee has not resigned from the job and he is absent from the duty.
- the salary was being paid in cash only.
now what remedies are with us to get our dues?
plz advice me.
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Manufacturing process under factories act 1948
Respected Sir,
Will the workers in a canteen in a factory under the meaning of Factories Act 1948 come under Factories Act. I mean, whether the provisions relating to safety and occupational hazards for workmen in factories, is available for workmen in canteen also.Whether an eating place or restaurant is a factory under Factories Act.In the internet, I viewed an answer that kitchen and cooking people come under Factories Act and where as Servers/ bearers come under Shops and establishment act of states.Kindly correct me if I am wrong.
Saravanan Radhakrishnan