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

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SSng Aulakh   16 January 2014 at 10:57

Payment of epf and grauity to an employee

Sir,
Services of an employee of a public limited company is not terminated or superannuated arbitrarily did not paid even salary from 2013 MY EPF and Gratuity are made and remains dormant with the the company arbitrarily. What is the entitlement of the employee on EPF and Gratuity finally.

Mangala   15 January 2014 at 15:30

Pf claim awaited

Hello,

I was on contract employment with MaFoi Consultancy from Jan 1, 2010 and they had posted me to Indus Towers Ltd at their Andheri office.

I resigned in March 2013 and eversince, am following up with them for my PF. They made me fill up a withdrawal form thrice and finally, in July 2013, they sent me a tracking number of DTDC saying they sent my form to PF office at Chennai. I tracked the courier and it was received at PF office on July 27, 2013.

I began searching the sites of PF and everytime they said my form had not reached them. When I contacted MaFoi, I got a mail from them saying since audit was on at PF office the relevant sites were not updated and my amount would be recd by Nov 29.

When I did not get my amount, I contacted Indus Towers to find out what they are doing to help me - all communication with MaFoi were copied to the HR at Indus Towers.

Finally, I got a reply from Indus and MaFoi saying I would get the amount by Dec 2013. I recd an acknowledgement from MaFoi - they said it was given to them from the PF office and it bore the date as 29th Nov as date of receipt of my documents!

After this, I wrote to the PF grievance cell and they say they have not recd my documents! MaFoi and Indus are not responding to my mail.

I don't know what I should do now - can you please help me. I have all relevant mails where they have lied to me with courier tracking details, dates, acknowledgement etc.

Regards

Mangala

randeep   15 January 2014 at 10:54

Harassment by employer

sir/maam,
i am randeep sarkar from pune. i was working with reliance communication till dec 2013. in november i boss called me and told to resign and threatened me if i dont resign then HR will terminate me. i didnt did so. then in 5th dec my HR head called me and he too asked me to resign or he will terminate me,.normal procedure is to give written notice to employee or to put him in PIP for a month which they didnt.they kept me calling and sending me sms to resign or else they will terminate me. then on 17th dec i received a letter from HR saying that i am absconding from my job since 5th dec(the day they called me and forced me to resign ). when i protested HR again called me and told me to resign which again i didnt.after this HR informed me that on employee separation portal they have put my resignation (this portal is meant to be used by employee only ). i have worked for 10 months there. Relaince has till not given me my appointment letter inspite of my several request and now they are denying me too give that . please tell me what to do .

regards,
randeep

truman   15 January 2014 at 08:01

Documents of additional proof

Is it allowed in practice to bring in additional documents while appeal is made against a single judge order in a writ before the bench. The document was not available during the arguments of the writ and received only when the order of the writ was passed dismissing the petition and the document proves the judge was wrong. Or can I go for a review of the earlier order placing the document. will the revision petition end in a disadvantage later?Please advice me.

Vishal   14 January 2014 at 23:04

Breaking the bond

I was working for XYZ company. Company send me to UK for process training and signed a bond of 18months of 250000. After training i came and provided training to the company employees. After few months the process was running good. Just 5 month before expiring the bond i resigned the job due to family problems. Now the company has send recovery of amount 208000. All my gratutity/incentivies are deducted from the bond amount and the company is claiming the remaining amount. Also i was told by the HR that the you need to pay the remaining amount on prorate basis but after i left the company that HR person also left the company and now when i told the Hr manager for the things happened she says is there any return thing that you have to pay on prorate basis. Also i have not received my relieving letter. They have send me the recovery details after my bond has expired in decemeber 2013. They have provided me the details in january 2014. They have provided me the letter of relieving stating with subject to clearing of fund if any. I have emailed them told i am ready to join the company and fulfill the rest of the bond period but they have not yet replied. Please suggest a way to get out of this.

rahul   14 January 2014 at 16:04

not serving notice period

hi
i am a chartered accountant working in genpact
i have joined the organization 2.5 months ago bt due to sme family prblm I have to resign
bt my manager is saying to serve notice period of 3 months
which i cant serve
they r saying if i dont serve the notice period i.e. dont come to ofc they will do a legal action against me.
i have asked them i m ready to pay notice.period salary bt they r not ready.
so wht r the consequences.i have to bear in this case ....

vikash   14 January 2014 at 16:00

Esi

Dear all

please tell me whether ESI is state law or central law and if it is state law then whether registration is required in each state of operation.

please tell me whether online registraion procedure exist in esi or not and if yes then how to proceed.

sanjeev kumar   14 January 2014 at 13:42

Subsistence allowance during suspension of govt. employee

D/Law Experts,
I was convicted one year SI in 498A and was put under suspension wef 01-04-2013 and I was getting the subsistence allowance.On 01-10-2013, my appeal was dismissed by Session Court and I remained in jail from 01-10-13 to 09-01-14. Now I am on bail after suspension of my sentence and my appeal is pending in the HC. My employer has stopped my subsistence allowance. Kindly suggest what should I do to restore my subsistence allowance and to save from removal/dismissed from service?
Also in the bail orders,The Judge of HC has ordered me to clear arrear mntce within two weeks after releasing from jail,failing of which the other party is at liberty to move application for recalling of the bail orders. Actually the mntce allowance was being deducted from my monthly salary and after suspension my employer has stopped her mntce allowance also.This conditional bail has put me in fix as the arrear mntce is in lakhs.Kindly suggest what should I do to avoid cancellation of my bail.
with regards
sanjeev kr

vikas125183   13 January 2014 at 17:41

Left job without serving notice period & any legal action??

I joined a private company on 26 aug 2011 and left on 8 june 2013 but sent a resignation through mail on 26 june 2013 without serving 3 months of notice period.But they sent me mail as well as hard copy of a notice that demanding rupees one lakhs.I have signed a confirmation letter after completing one year probation period that mentioned "appointment can be terminated by you by giving three months Notice compulsorily".I am not going to pay and they are saying if i will not pay they can take legal action.is it possible??please help me.

Ganesh   13 January 2014 at 16:49

Declining offer letter

Hi
I got an offer letter from a IT firm with a clause that "Incase i dont join on or before xx date, i should pay a penalty of xxxx amount as liquidated damages to the company". I have signed the duplicate copy and sent it to that company.. I received the offer 1 month back with a joining notice of 2 months. Due to my personal health issues, i cant join that company and i have declined it in email. I declined in 1 month from receipt of the offer letter and still 1 more month is there as per their offer letter.
Can you please advise, if there will be any legal issues on me?
The letter heading says " Provisional Appointment Order" only