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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Joginder   30 January 2014 at 20:27

Recruitment in corporation bank through ibps

Sir, one of my friend has applied for Clerk's post in Delhi through IBPS and got selected in Corporation Bank under Ex-Serviceman reservation. He belongs to JAT community from Delhi which comes in OBC in Delhi, hence in possession of OBC certificate of NCT of Delhi. Erroneously, under impression that he will be considered OBC in Public Sector Bank also in Delhi, he mentioned his category 'OBC' while applying for the post. When he submitted his documents, he was told that his OBC certificate is not valid and he has been selected as Ex-Serviceman (OBC) hence he is not eligible. However, his marks are more than the cut-off marks of Ex-Serviceman (General Category) in Delhi. Generally, standard rule as we read in offer letters/Advt says that if a candidate fails to produce proper category certificate, he will not be considered under the category, however, his candidature will be considered based on natural merit. The bank has refused to issue him appointment letter, kindly guide what is the remedy. Also, which Central Govt policy/rule governs this issue.

ravi   30 January 2014 at 19:47

Cwp for appointment

I had applied for the post of vocational master mechanical in Punjab school education department.

In advertisement essential qualification for this post is 3 year Diploma in Mech. Engg and 5 marks will be given as first higher qualification and 10 marks for second higher qualification . as I had done 3 year diploma and B.A and M.A ( Master of Arts) they given me 10 marks for it in first merit list (which was made separate for boys and girls) but later on as per high court order they made combined merit list for boys and girls and in this merit list 10 marks was deducted for higher qualification which was given me earlier. Now if they give me 10 marks I can got job. I approached to department and they says that MA is not higher qualification for this post ,it should be in relevant field that’s why they had deducted 10 marks .

Point to be noted .
in Advertisment it is only mentioned first and second higher qualification ,No where is written about relevent field, no corrigendum was published later on.

Now I want to ask that
1. Is there any rule which say that one’s marks given to candidate can not be deducted.

2. Can I contest on this point that in advertisement relevant field is not mentioned.

3 Last year some vocational master were promoted to Principals as they have done MA. So I want to know that is this point will give some benefits to me if I file CWP in court.

4 I have a university notification according to which diploma is equalivelent to +2. So can I contest on this point also that BA and MA can be counted as higher qualification.

5 Is any body have some judgment regarding this.



Anthony   30 January 2014 at 16:17

Seeking clarification on permission of living quarter inside plant premises.

Honorable sir / madam,

With the reference of above subject i would like to state that, " We have got a situation in our project site regarding the stay of foreign officials to execute a captive power plant project."

Hence, These foreigners been allowed to stay inside the plant premises and been allowed to construct there quarters. and been allowed to stay after work. all related documents and documentation indicates that these living quarters are their address proof.

The Problem > The owner of the ( as this is a Captive power Plant) Factory, now after 5 years of the project is not cooperating with us and asking to vacate the living quarter.

1)What can we do?

Not allowing the family members to go inside the living quarter?

2) what are the clauses regarding the same in factory act are there? as owner is saying that due to factory act they can't allow the family members inside the living quarter.

3) Being Foreign company and foreigners and citizen of China. what legal steps can be taken in India.

Looking forward to your generous and tactical reply regarding the same.

with deep regards,

Anthony.


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 ?