venugopal
26 February 2014 at 12:05
Sir; I have been terminated from an mnc due to lot of internal politics. My employment agreement says 1 month pay if terminated.they are paying me that. They mentioned inefficiency and delivery failure.
Can I take the company to court since I had delivered twice the completed work. What can I do get them to prove their claims. Pls suggest
regards
Venugopal
ANILKHANNA
26 February 2014 at 03:15
Dear Concern
I joined Private Company in Jul’12 (18months) and terminated my services for under performance. When termination processed I was on Sick leave(employee insurance act, sec-73 states not possible during sickness) due to Dislocated fractured in right hand – PIN installed in bones. I am right handed person. Two different Doctors advised to avoid travelling & work with right hand. But company’s empanelled doctor given opinion to join (as per HR Mail), but I had not joined and shared advised of central government doctor’s advised. And company issued termination letter on this. Before going on leave, my manager put me under Performance Improvement plan and before the final review I went on sick leave.
My Line manager & skip manager (boss of line manager) ruin my career of12 yrs for escalating my grievances to HR-Director of my company. In the complaint I also recorded issues of exploitation & false allegations, few of them were:
1. Stopped reimbursements of consecutives 4 months
2. Taking business session of continuous 14 hrs
3. Using abusive language (Chu*ia & sister Fu*ker) in his cabin & telephonically – Audio recording not available
4. Forced to signed back dated Performance Improvement Plan (PIP)
5. Bias Treatment & putting me under such situation to hamper my performance. All worst branches mapped to me so that my performance (sales) should not come.
6. Line Manager visited my home during my absence in night (10:15pm), when my wife was alone and misbehaved
7. Asked me to report on email morning & evening to exploit among other colleagues
8. Asked to work on weekly off days i.e. Sat & Sunday
Someone please guide, is it possible to reinstate (by stay order) my employment with company for 3-4month (just to buy time).
Other fact are as following:
• company had disbursed basic salary in lieu of notice period
• company’s belongings are in my custody
• my other reimbursements of 40k are still pending at company’s end
• Intentionally, during PIP peried I requested support (through emails) from my line manager & trainer to support me but they had not supported. All emails available.
• Empanelled doctor was MD and my two doctors was Ortho surgeon & ortho specialist
• During my employment I, company issued one In-subordination letter and mentioned that I am not authorized to challenged/argued the letter
P L E A S E H E L P B Y S U G G E S T I ONS
Regards
Anil
Rama mohan Acharya
25 February 2014 at 16:58
Can son/daughter of a deceased employee raise an industrial Dispute under ID ACT on the ground that he/she has not been provided the employment on compassionate ground? It is clarified that the establishment do not have any rule for proving the employment on compassionate ground for dependent of deceased employee.
Rama mohan Acharya
25 February 2014 at 16:54
There is a provision under EPF Scheme under para 26-B which deals with in case of doubt on the date of eligibility to becomes a member of the Fund, the RPFC has the power to conduct an enquiry and decide the same. For this purpose he will have the power of CPC. Normally it is applicabe in case there is difference of opinion between employer & employees regarding the date of joining. My query is whether there any analogous provision is there under ESI Act?
Gorthi
25 February 2014 at 15:19
Dear All,
Is Bonus Acts apply to Pvt Ltd Company which is running under Educational field( Pre Primary education )
2. What is the pre condition to apply this act( In terms of Min Employee strength)
Regards
Nura Nais AS
25 February 2014 at 02:26
My Father who was working in IOCL as an OO-2
expired this month. I was given the opportunity to apply for Compassionate Appointment, Grade 'C' and 'D'.
I have done my Graduation in Computer Application [3years] from IGNOU, New Delhi.
IOCL is rejecting my degree as it is not full time.
But the form that i was provided to fill for compassionate appointment nowhere states that the degree should be full time[image attached].
The question that i want to raise is:
Does same recruitment rules* applies when appointing a candidate on compassionate ground ?
[*In general IOCL appoints only full time courses.]
V.N.K. MENON
23 February 2014 at 21:13
BRIEF DESCRIPTION
=================
PROCEEDINGS IN LABOUR COURT: (sequentially)
------------------------------------------
= After cross-examining the w/man the employer vanished and did not subject himself for examination.
= In the next hearing none-appeared for management and was declared ex-parte by the court.
= In the next hearing my advocate as well as other party’s did not appear.
= When I came to know about it, restoration application was filed and it was granted whereas other party vanished / absconded.
= The court gave 14 opportunities /hearings, but Management neither appeared nor applied for restoration.
= Reasoned Award was passed finally after 1 ½ years by Labour court ANSWERING ALL THE ISSUES.
=When notice of implementation was received from the Labour Dept. Govt. of NCT Delhi, the Management woke up and submitted application to Labour Court for review of award. Labour Court rightly rejected it by a reasoned order.
IN THE HIGH COURT
=================
YEAR 2006
--------------
= Employer filed WPC invoking Art. 226/227 on the plea that they were not given notice on restoration application of workman by labour court.
= Main WPC went through adjournment-after-adjournment and NO ARGUMENT TOOK place except 17-B application.
= W/man filed for interim relief u/s 17-B of ID Act which was rejected by Single Bench.
YEAR 2009
-------------
=W/man filed LPA. Division bench passed CONSENTED ORDER granting 17-B. Accordingly Employer wanted to take work from w/man and reinstated him in 2009 in the unit of employer at remote place and an advocate my cousin was looking after my interest.
YEAR 2012
-------------
= When I was given a forced retirement in the year 2012 on attainment of 60 years. It was a forced retirement in the sense that I was discriminated against my (about 20) contemporaries/ colleagues and also in the absence of a retirement clause in service rules / appointment order.
(1) When I was given a forced retirement in 2012 which was RECEIVED UNDER PROTEST, I came to Delhi and inspected the records in the court and found that I was not represented properly.
CRUX OF THE MATTER
-------------------
= I FILED A MOTION TO DISMISSAL OF WPC ON THE GROUND THAT THE W/P IS CLOAK OF AN APPEAL IN DISGUISE, RELYING ON APEX COUR JUDGMENTS, AS THE MANAGEMENT DID NOT USE THE REMEDY AVAILABLE FOR RESTORATION THOUGH 14 OPPORTUNITIES WERE GIVEN BY LABOUR COURT. THIS WAS LISTED FOR HEARING AFTER SAY ABOUT 5 MONTHS.
=In view of the long gap, I, the w/man filed APPLICATION for interim relief during pendency of WPC under 17-B as per the will of statute .
= MOTION TO DISMISS WAS IN ABEYANCE DUE TO 17-B application.
= Therefore, I filed application for early hearing of WPC.
Ground/ cogent reasons (in short):
---------------------------------
(a)Senior citizen; sickness ; (b) no livelihood (c) disablement inflicted during the course of employment : (1) aggravation of breathing problem & (2) hearing problem because of posting at high altitude as I was discriminated from other employees in the matter of winter equipments to withstand severe cold at the place of posting situated at high altitude of 4000 ft. Also No bonafide retirement benefits given which cannot be attached by any court of law as it is protected by Sec.60(1)(g) CPC and ratified by Apex Court in several cases.
**LPA early hearing was disposed off by Div. Bench giving opportunity to approach the Single Bench again with the prayer.
** Accordingly approached Single Bench – judge recused.
** Next hearing before another judge “for admission”: CAUSE LIST (the two applications):
(i) Application in re. regard to MOTON TO DISMISS WPC
(ii) Application for early hearing.
= Judge commented upon early hearing ONLY and taking the version of Management as gospel truth. The truth is that, It is very unfortunate that I got no opportunity to speak at par with the advocates of opposite party. Some time back there was a proposal to video recording all the proceedings but was not implemented for unknown reasons. REALLY TRAVESTY OF JUSTICE. It is pertinent to say point out that Opposite party is believed to have incontrovertible tainted course and conduct including guilty of graft charges. I do not want to elaborate further in the public forum.
IN THE CIRCUMSTANCES I WANT TO FILE LPA and WHAT STAND THE EXPERTS RECOMMEND TO TAKE IN LPA, SO THAT IF IT IS DISMISSED I CAN FILE SLP.
CONSIDERED GUIDANCE / OPINION IS SOUGHT FROM Ld. L/C experts, please. Thanks and regards.
Lorax Michael
23 February 2014 at 17:56
I joined this company as an Manager operation they gave offer letter for the same.(its the part of a deal which they made with me)
But when my first month completed and I got my salary slip at that time I got to know they made me Asst.Manager and reduce my salary without giving any prior information.
Other wise I wouldn't have join the company,they came to me and want that I should join their company.
After this I have no option but to except the post of Asst Manager where I was not satisfy,I feel cheated.
The ordeal not stop here they started harrsing me one way or other time to time.
Things went in bad shape when I ask the leave for my festival they agreed to it and my senior verbally told me to apply for the same, I did the same.
before leaving they did not approved the leave nor declined it ( I applied the leave on 16th DEC and I went on leave on 21th DEC) they called on the night of my festival and they were forcing me to cancel my leave and join the company.
That was their game plan to terminate me but I refuse and called the HR and told the same thing about the behavior of my superior.
but no one listen to me.
on 13th Jan they were forcing me to take warning letter for false allegation which they made and they want acknowledgement for the same,when I asked some clarification .
They send me on long leave and they send me a letter of termination with more false allegation which I do not except.
I even try to gave the explanation but they don,t answer .
Now I am without job and they have mention a clause in that letter if I try to work in any company with same work mode which I was doing for past 20 years they will file legal action.
I have two girls but no job to support.
I don't know what to do please advise.
Lorax Michael
neha
23 February 2014 at 00:04
Namaste,
I have worked in a teaching institution for 11 years. I resigned in April 2013. My employer is not paying gratuity at one go. he is ready to pay gratuity in five yearly instalments. can I ask for gratuity at one go.
Pls Reply as early as possible.
Thanks
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Dismissed from service
The Deputy General M ANAGER,
(The appeallate Authority )
STATE BANK OF PATIALA
Zonal Office Haryana,S.C.O. 70,SECTOR-5
PANCHKULA ,HARYANA
Subject:- Staff cash department,
Sh. RAM DASS BAGH, HEAD CASHIER
APPEAL AGAINST ORDER OF DISMISSAL
Sir,
Please refer to the above cited subject I want to draw in your kind notice that I am posted as head cashier “E” in state bank of Patiala northern railways workshop KALKA DISTT PANCHKULA HARYANA since july 2009 and performing my duty sincerely and honestly in the bank.but I am sorry to inform you that in the year 2010 the n.r.w.kalka branch received summans from distt. Court panchkula in a case u/s138 of N.I.ACT.Titled of the case is R amesh kumar vaid municipal councilor kalka v/s Lalit Kumar an employee of northern railways workshop kalka in this case I appeared as a bank witness and attended the court hearing on behalf of the bank as per order of the branch manager and produced bank record as desired by the panchkula distt .court.in this case Lalit kumar an employee of railways workshop kalka found guilty and convicted for a rigorous imprisonment of one year and compensation equal to the cheque amount.so he has grauge with me. In the year 2010when I had appeared as a bank witness in the criminal complaint u/s 138 of N.I.ACT. so he was keeping enmity and he wants to take revenge from me and so he falsely and knowingly implicated me in a bribe case with the help of his relative mr.dhiman postedin C.B.I.chandigarh anti corruption branch. on 12th april,2011 he called me at about 7.30p.m on his residence and there was some officials of C.B.I.present and they caught me with both the hands and mr.lalit kumar who was having nexus withC.B.I. persons managed TO THRUST the tainted money in the inner pocket of my paint and registered a case u/s 7 and 13(1)d read with sec.13(2)of p.c.act and arrest me.on 08/10/2013 the special judge C.B.I.HARYANA AT PANCHKULAheld me guilty and on 09/10/2013had convicted me for R.I.for three years in a p.c.act case no 84 of 2011 u/s 7 and 13(1)d read with sec.13(2)of p.c. act and releasedme on bail for 60 days for filing an appeal in the hon”ble Punjab and haryaya high court at Chandigarh against an impunged order/judgement of conviction and sentence awarded to meby the ld.trial court panchkula.Now I have filed an criminal appeal in the Punjab and Haryana high court on 14-11-2013 .appeal no.3869-SB of 2013 (o&m) .on 14-11-2013 the honble Punjab and Haryana high court Chandigarh admitted my appeal and the interim bail granted by the ld.trial court vide order dated 09/10/2013is extended till further ordersof the Punjab and Haryana high court vide order dated 14/11/2013 ( photo copy of the same(four pages)already submittedto the bank through branch manager s.b.o.p. n.r.w. kalka to A.G.M./1/HRY/PANCHKULA) ON 26/11/2013 WITH THE REQUEST TO ALLOWED ME TO JOIN MY NORMAL DUTIESIN THE BANK BUT ALL IN VAIN.about one and half month has passed and regional office vide letter no AGM-1/hry/staff/10089 dated 27/11/2013 gives instructions to branch manager n.r.w.kalka did not allowed him to join duty till further instructions and branch manager vide letter no.766 dated 09/12/2013 disallowed to join duty till further instructions from controlling officein this regard. The controlling office has not mentioned any sufficient and genuine reasonin this regard. Sir I once again request your goodself to please give instructions to A.G.M-1. HARYANA AT PANCHKULA for early and immediate joining to avoid litigation in future and financial loss and to avoid mental and physical harassment tome till the final disposal of my appeal in P&H HIGH COURT CHANDIGARH.sir I once again want to brought in your kind notice the short recital of the case that the complainant mr Lalit kumar an loanee of our bank took an personnal loan in the year 2006 amounting of Rs145000/-and his last installment deducted from his salary a/c on 07/04/2011 and an interest of Rs237.74paise was outstanding in his loan a/c at the time of occurrence of the case i.e.12/04/2011 means his previous loan a/c was not fully liquidated/repaid how bank will pay him another personnel loan without adjusting previous loan a/c.The complainant further mentioned in his complaint that a years back he has applied with the bank to increase his loan limit to Rs3.00lacs he left no stone unturned but Mr.Ashwani sehgal the then branch manager did not sanction his loan. During cross examination Mr.sehgal branch manager said that during his tenurehe has not applied for loan or there was no loan application pending with him.further it is clear the then asstt. General manager-1 /hry Mr.sanjeev gupta that there is no loan application pending with the bank(Photo copy of statementof b/m & A.G.M.enclosed)Ifthere is no application with the bank thus there is no question of taking illegal gratification.during cross examination the complainant has stated that he had no proof with him that he had ever moved any application for enhancement of the loan amount.further he had also admitted that he had never contacted the accused in connection with getting the loanfrom S.B.O.P.N.R.W.KALKA in the bank branch.when asked from the complainant he admitted that all formalties regarding sanctioning of loan and enhancement of loan amount had to be completed by the branch manager of the bank alone and then he disbursed the loan to the loanee.sir,I was working as head cashier and was operating single window operator.I had no right,power or authority to sanction personnel loan or to enhance limit of the loan. Branch manager get proposal and forward the sameto regional office and then regional office put forth the proposal to D.G.M.PKL and D.G.M.PKL is the sanctioning authority and branch manager disburse loan and my duty is to get receipt above Rs35000/- and make payments to the customer of the bank/depositor only.i am no where in sanctioning and disbursement of loan.that there were material contradictions and discrepancies in the testimony of the prosecution witnesses those contradictions spelt a death knell to thecase of the prosecutiiion.that the motive for falsely implicating me in a particular case lies hidden in the heart of thecomplainant and the police and other officials because I have made an complaint with the railways authority before this case that the complainant had subletted the govt,quartert to mr m.k. dey retired welfare officer n.r.w.kalka at a rent of RS 4500/-p.m.so he wants to take revenge from me and before this in the year 2010 I had appearedas a bank witnessin the criminal complaint u/s 138 of N.I.ACT.SO HE WAS KEEPING ENMITY AND HE WANTS TO TAKE REVENGE FROM ME . so he has falsely and knowingly implicated me in this casewith the help of his relative MR.DHIMAN IN C.B.I.CHANDIGARH A.C.B.THUS THE PROSECUTION MISERABLY FAILED TO PROVE THAT ANY BRIBE WAS DEMANDED BY THE ACCUSED.if the demand,acceptance and recovery of the tainted money is not established,the accused can not be held guilty.MR.RAKESH KUMAR YADAV ,special judge C.B.I.HARYANA HAS NOT TAKING THE COGNIZANCE OF THE CASE NOR GO THROUGH THE WHOLE FILE OF THE CASE because he was recently transfer from Chandigarh and in the pressure of c.b.i. gives verdict against me .on the basis of this judgement the A.G.M. -1/HRY/PKL without following the proper disciplinary action procedureas per paragraph 561 of the shastry award & memorandum of settlement on disciplinary action procedure for workman dated 10-04-2002 first line of paragraph first that a person against whom disciplinary action is proposed or LIKELY to be taken shall be in the first instance,BE Informed of the particulars of the charge against him and he shallhave a proper opportunity to give his explainationas to such particulars.Final orders shall be passedafter due considerationof all the relevant facts and circumstances.but the A.G.M.-1 PKL DID NOT GIVE ME PROPER OPPORTUNITY or issue show cause notice TO EXPLAIN MY POSITION nor listen my voice which is totally against the natural law of justice.while I have filed an appeal in p&h high court to set aside the conviction and sentence and P&H HIGH COURT has suspended my sentence and conviction till further orders means till the final disposal of my appeal in the high court at Chandigarh while appeal is pending in the court and I have not gone to jail for imprisonment then theA.G.M. has a power to suspend me.but the agm without applying mind on the entire case passed the order of dismissal in hurry which is totally wrong and against the natural law of justice,secondly the employee can not be dismissed in back date so I request your goodself to please revoke the order of dismissal passed by the A.G.M.-1 /HRY/staff/11182 dated 15-01-2014and allowed me to join normal dutyas usual keeping in view my previous un blemised service record of 28 years and have no adverse remarks against mein 28 years service.hope you will consider my appeal and give favourable remedy by revoking the above said dismissal order and oblige. Hope you and god and P&H high court CHANDIGARH GIVEN ME JUSTICE AND ACQUIT ME KEEPING ALL pertinent facts and circumstances of the case.sir I once again request your goodself to please allowed me to join duty because I am only bread earner in my family.and there is no other source of income except salary in these days of rising prices above all I belong to a poor and schedule caste community.
Hope you will consider my request keeping in view my pertinants and genuine facts given
above . allowd to join duty till final decisionof my appeal in Punjab and Haryana high court Chandigarh.
Thanking you,
Yours faithfull
(RAM DASS BAGH)
DY.GENERAL SECRETARY N.C.B.E.H,P,STATE
& C.C. MEMBER A.I.S.B.O.P.EMP.CONFEDERATION(REGD.)
RESIDENCE OF # 194/B-2 DHARAMPUR COLONY PINJORE
TEHSIL KALKA DISTT. PANCHKULA (HARYANA)
MOBILE NO.09996815735 & 9466766989
Dated:- 12-02-2014