debasish roy
12 February 2014 at 00:40
can there be creation of a higher post in indian government to promote an individual to favour him and abolish the same on his superannuation . a court order negating it may please be provisioned please
Harish Sharma
11 February 2014 at 22:31
I Joined NHAI on deputation in 2008 and the authority invited applications for Absorption on the same post on which I was working. I applied and was selected by selection committee for appointment subject to Vigilance Clearance from Vig. division. Afterwards 4 months later, offer of appointment on absorption was given to me in July 2013 and I took voluntary retirement from my parent organisation on the grounds of absorption and joined NHAI after acceptance of VRS. Appointment Order was also issued in Sept. 2013 subsequent to acceptance of my VRS. Now after 5 months of joining, Admn. division of NHAI has issued me a showcause notice in Feb. 2014 for withdrawal/ cancellation of offer of absorption on the ground of some problem in vigilance clearance, which I am not aware of. Neither any memo/charge-sheet/seeking clarification on the so called vigilance matter has ever been served to me in my career in NHAI since my deputation. I have never been asked any question by Vig. division and admin, division in any matter in the past.
My queries are:
1. Can the appointment be withdrawn after such a long time on ground of vigilance clearance for which I am not responsible and in a situation when i have taken VRS and my VRS has been accepted due to absorption?
2. Can the vigilance clearance be denied for a person who has newer been asked any question in any matter/inquiry which is more than 2 yrs old?
3. Can the Competent Authority who approved Absorption on the recommendation of Screening committee & Selection committee can himself change its decision after 5 months and withdraw its offer?
4. Can the offer of absorption be withdrawn after issuance of appointment order on the grounds that the offer of appointment is provisional and the employee is on probation.
4. What are legal remedies available to me suppose in case offer of absorption is withdrawn? Because I have taken VRS and withdrawal of offer of absorption shall amount to termination of my services.
Please provide me your valuable advise.
Rahul Lahiri
11 February 2014 at 17:24
Dear Experts,
Most of us are making use of Contract Labour through outsourced Agencies are following the Minimum Rates of Wages applicable in the State which are issued twice a year for the period January-June and July-December.
We need to see what we are paying to such outsourced agencies under the following two heads:-
 Provident Fund on Basic wage and allowances
 ESI on Basic/Allowance
 Bonus on Basic only
The query is whether the Labour Contractor are supposed to collect from us payments under these three statutes/laws/acts, keeping in mind the limitations stated therein or they are collecting from us on the gross earnings of the employee and paying to the employees accordingly.
For your information, Provident Fund is applicable as on date till Rs.6,500/- (might be increased to Rs.15,000/-), for Bonus maximum Bonus payable is Rs.3,500/- on maximum Rs.10,000/- earning and under ESI the same is applicable upto Rs.15,000/-.
Please check this at your end
sanjay
11 February 2014 at 11:23
Currently i am working with one of pvt. ltd. firm. During appointment it is told to me that company is having PF and Gratuity. When i got the Salary stracture breakup i found that nothing is mentioned about gratuity. After completion of approx. 5 years company has taken the letter from me i.e "With reference to my services with company where in I have joined the company on June 15, 2008 and am working with company till date.
My CTC with company is including all dues whatsoever and in specific to gratuity I confirm that I understand that all payments made to me till date are including Gratuity. The same was not mentioned in CTC break up due to calculation error.
The revised CTC with gratuity is enclosed here with.
Till date all payments towards gratuity are received by me and I request for the same to be issued to me along with my monthly payments."
Now i decided to leave the company i just want to know after giving this letter still i am eligible for gratuity or not. For this if need to file the legal case against employer where i need to file.
SARAVANAN.R
10 February 2014 at 22:13
Respected Sir,
Each and every laws pertaining to labour in our country has a ceiling on wages.
For example, it is 18,000 for payment of wages Act, 1936, Rs 1600/- in I.D Act to include a supervisor or a person doing supervisory work, Rs 25000 in case of ESI Act, Rs 15000/- in case of EPF Act.
I will be thankful,if you guide me in telling the relevance of celing on wages under labour laws. There is a provision in payment of wages Act 1936, wages should be paid with in the stipulated time. Now considering the above example, ceiling on wages under P.W Act is 18000. Does this mean that employees earning up to Rs 18000/- are entitled to this protection of law. Does it mean that if a person earns Rs 25000/- or Rs 19000/- per month, the employee is not protected statutorily or if the employer is free to pay the employee as and when he/ she desires.
I am not wounding any body. My only doubt is why this ceiling is required.
I was very fortunate to read through a note on ID amendment Act, 2010, which has raised the wage ceiling to Rs 10,000 for inclusion of supervisory persons. Thanks to Mr. Hemanth of Bangalore. Hope he will help me in understanding the relevance of ceiling on laws relating to labour.
Saravanan Radhakrishnan
shrikant m dhamgaye
10 February 2014 at 20:58
DEAR SIR,I LEAVE MY ORGANISATION BEFORE ONE YEAR BACK.AND JOINED JOB IN ABROAD.BEFORE RESIGN I TAKE LEAVE FOR 3 MONTH AND JOINE NEW JOB.I DID NOT SHOW THE MANAGEMENT THAT I JOINE THE NEW JOB.NOW NOW MANAGEMENT RETURN AMOUNT OF PF BUT THEY ARE NOT RAELEASING MY GRATUATY.THEY ARE ASKING FOR SUBMITTING THE PASSPORT COPY.CAN MANAGEMENT STOP MY GRATUATY.I WORKS THERE FOR 16 YEARS.
sukhpal singh
10 February 2014 at 16:58
Sir,
The Army authorities has asked for the legal heirship certificate from court of law for the sanctioning of Family Pension of the deceased to the widow.
Do I need to file the succession certificate or suit for declaration
Regards
CHINNARASU
10 February 2014 at 10:57
DEAR LAWYERS TEAM,
X person joined in Y organisation at the age of 54 and he retired from service at the age of 58 after his retirement management appointed as 1 year contract based consultant from his retirement date in a same employment ID number. Whether he have eligibility to getting gratuity.
He totally worked 5 years in Y organisation.
(Before retirement worked 4 years,
After retirement worked 1 year [contract based consultant])
I'm expecting your valuable answer.
rajeshkumar
08 February 2014 at 23:27
i have filed petition in court to suspend the third punishment which is one among three punishments charged on me.Court gave order to suspend 3rd punishment also.The first two punishments are suspended by company itself. Company implemented court order after contempt case but it was not providing or promoting promotions which was held due to punishments(charge sheet). So now how i should approach to get all my promotions back.Even i Approach company to provide promotions which were on hold due to charge sheet file on me as of now all punishments were suspended.Company is not responding properly and not forwarding. Now all my punishments are suspended as i am not guilty. How I should approach with court order suspending 3rd punishment in hand.
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Regarding availability of "buy-out" option.
Hi,
I am an engineer working at a private IT firm "Paladion networks P Ltd" located at Navi Mumbai,
My query is that I resigned last month from my current company because I got opportunity to work at my desired location in another company.
When I joined my current company (Paladion) in 2011 the notice period to be served was 1 month, But after the revision of HR policy last year it changed to 3 months.
Hence I need to serve for the 3 month but that is not possible so I asked my manager and HR for the buy-out option (I am ready to compensate my 2 months salary if they are releasing me).
But to my surprise they told me that they don't have "Buy-out" policy at all in HR policy.
But I have seen people getting the same facility in past.
My questions are:
1. Is it possible that an employee has to forcefully serve 3 months ie can any any company enforce one sided rule like my HR team saying they don't have policy at all ?
2. And if policy is not there how they are given the same facility to other people in past ?
Please help me out ASAP because I am clueless and I am just watching my career getting ruined.