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YOGESH AKULWAR   30 January 2014 at 11:11

Salary not paid by company

Dear Sir,

I had work with Abhijeet group from Last 2 Years. This company Trap in coal scam & due to this company Hold salary of employee from Six Months but now I Resign from job. Befour resign company comet to pay my balance salary with full & final settlement, but after resign they told me they don't have money to pay. They neither pay salary nor deposite my PF from las six months.

Please advise me what to do....

Member (Account Deleted)   29 January 2014 at 18:37

Employee threatening to take action

Hi All,

I have a cloth trading business in Chandni Chowk having two employees. My employees constantly blackmailing me to take action against and go to labour court if I don't hike their salaries. They are not even signing the receipts while receiving the salary in cash.

Please advise me can they make any claim against me and how can I protect my interest. Though they don't have any document to show that they are employed with me and I make the payment only in cash.

Please advise.

Avanish Yadav   29 January 2014 at 18:13

Contract employment

I'm working for a MNC as a Manager-Finance. for 1 year and 6 months. my appointment in the company was for two years on contract basis. we are only three employees in the company all are on contract basis. the management is satisfied with our working and they wish to extend our contract for further two years. I requested them to give an permanent employment letter in steed of contractual to it has bad impact upon our credentials. our director said if there is any law which provide provisions in claim of your demand please show. I will consider.

i want to convince him that if he will issue permanent employment letter it will not harm company at any cost. requesting for guidance.
Regards,
Avanish

Arif Ali (Apt Co Advisory)   29 January 2014 at 13:11

Pf liability

Dear Experts

If one organisations has 25 employees and Basic salary of all is above Rs.7000 and total salary is above 15000. Then now my question is that the Is organisation liable to register under PF & ESI Act and liable to pay the contribution for PF & ESI to Govt?

Plz answer

thanx

YVRK SASTRY   29 January 2014 at 11:14

Relief fro dismissal order

I would like to have relief orders suffered from the action of dismissal from service from SC. how whom I should contact in online

VAIBHAV JAIN   29 January 2014 at 10:52

Implementation of obc quota in govt. service

R/Sir,

Thanks for giving suitable answers. In continuation to my previous querries I would like to ask in my office their is a lady who is having obc quota and joined in May 2008. At that time she was married and following is the approx income detail of her family -

Her spouse Rs.80000/- per annum
Her individual income Rs. 60000/- per annum
Her Father's Pension Rs.100000/- per annum
Her brother's income Rs.100000/- per annum
Her Father in law's Rs.200000/-

She was getting the job on the basis of obc certificate.

Now, Present Income detail of her family -

Individual incom Rs.350000 per annum
Her spouse Rs. 200000 per annum
Her Father's Income Rs. 250000 per annum
Her Brother's Income Rs. 400000 per annum
Her Father in Law's Rs. 300000 per annum

Now, she is applying in various examinations like PCS et.c

My question is -
Is she eligible to get the benefit of OBC quota and I think OBC certifcate has to be renewed in every 6 months. Then, is her obc certificate should be renew on the basis of above mentioned income or not.

Please answer the above queries. I will be thankful to you. Because your right answers will help the people who really need the benefit of obc certificate.

S.K.SARRAF (ADVOCATE)   29 January 2014 at 06:56

Can 340 cr.p.c. appln be rejected by labour court ?

FACTS :
Employee was issued - Charge Sheet, then Suspension order, Charge Sheet, Domestic Enquiry, followed by Dismissal Order.
All these were challeneged in ULP (unfair Labour Practice) Complaint.
During proceedings, Respondent-Company submitted an edited/fabricated email of employee (by deleting the vital content of email). Appln u/s.340 Cr.P.C. filed by employee for fabrication of email in judicial proceedings on oath. During hearing judge after seeing the Original copy from Complainant-Employee, passed Order rejecting the application on the following issues :
1. It has a limited jurisdiction under sec. 6,7, and 30 of MRTU & PULP ACT.
2. The Original is not marked as exhibit, as only copy was submitted in court along with 340 apln.
3. The fabricating email was submitted by a witness of the company-respondent.
4. this issue does not relate to the root of the matter.
5. Not a fit case to exercise power under sec 340 Cr.P.C.

Question :
What is the remedy in law ?
Approach the Industrial Court above in review or appeal ?
Whether can move High Court directly ?
Any other provision - after 100 days of passing of order ?

Pradeep   28 January 2014 at 23:17

Suppression of facts

An employee submitted false claim for availing LTC benefit by not disclosing the death of his wife and got the benefit of LTC payment. Later on it is revealed that his wife died prior to the availing his LTC claim. Now Management has taken serious view and issued charge sheet. Enquiry constituted . What type of punishment to be imposed and the quantum of punishment with case reference.

JAYANTA KUMAR DAS   28 January 2014 at 16:22

Regularization of state govt. jobs.

Respected Sirs / Madams,
Recently West Bengal State Govt. has regularized the jobs of the Contractual Dental Doctors by Cabinet Ministry's Decision. Normally recruitment is done in these permanent posts through State Public Service Commission.
The said Contractual Dental Doctors were recruited as Contractual by an interview committee other than State Public Service Commission. The State Cabinet Ministry took the decision of regularizing their services after 01/02 years as contractual. The matter is already materialized.
My query is - Is it fully legal ?

Rizwan Pathan   28 January 2014 at 16:08

Spot memo

Dear Sir,

PF Enforcement officer had issued us spot memo and asked for all the records pertaining to PF from the date of set up of organization.

I have few questions in my mind.

1. What is penalty if we do not respond to " Spot Memo"
2. What charges Enforcement officer can put on us in case of not responding "SPOT MEMO"
3. Is there any time limit to respond this "SPOT MEMO"

Your expert views on above are highly appreciated.

Thanks & regards,

Rizwan Pathan