Navin Pandya
22 December 2013 at 18:25
An employee was a junior officer in a company having six grades for officers. Obviously he had no administrative or managerial powers and worked as instructed by superiors. His appointment letter was silent about his department and job responsibilities.
Upon a dispute for promotion, the superiors took away his work and he was kept idle without assignment till he was dismissed after four years of mistreatment by superiors.
In the Labour court, the company misrepresented fabricated fake job responsibilities to prevent justice to the employee. The Labour court did not go in details for sake of justice but ruled against the employee stating not a 'workman'. The Labour Court neglected the fact that the employee was never given job responsibilities and after the dispute, he was without any work assignment.
When the employee was without any work till he was dismissed, what is his status as a workman under the legal definition?
Best regards,
Navin Pandya
lohithakshan u k
21 December 2013 at 17:49
I am a subscriber of sundirect tv cable connection. two months back i received an sms stating that if i remit remit rs. 350 subscription will be renewed for 3 months as a special package. On collecting money they renewed at normal scheme for two months. On contacting customer care their reply was not satisfactory. Then I have given two emails to nodal officer, but no response. What should I do.
Nithiselvan
20 December 2013 at 23:42
Dear Sir, My wife is working in a private arts college. Now she is 5 months pregnant. she is a college nss member. Next week they are conducting a camp in a different location for 10days and listed my wife name for camp coordinating work by staying there for 10days and take care for students too. My wife had refused and submitted a request letter that as she is carrying and cant able to go for camp. but the nss head had forced her to sign the circular. Since my wife is working as contract type to work for Academic year min 1 year so his period also getting over by coming march. still we have another 3 year old son to take care. In this situation we dont know how to avoid this. please suggest
k.g.agarwal
20 December 2013 at 17:14
i have filed a case in allahabad against my previous company for non payment of pension as per rules of the company.
the company have replied the notice and appered up to 3 years in the case. but now
no one is appering from their side. now the judge has fixed date for x party argument on jan 10 2014.
it seems that they donot have proper plea to argue the case but still do not want to pay the pension to me.
my question is that the judgement now delivered will be treated as x party that no opportunity was given to comany or this will be binding judgement and compny wont able to take excuse of non opportunity.
further in general wheather the judgement goes in favour of plaintiff or not
Amit
20 December 2013 at 12:20
Hello,
I purchased an apartment in May 2010. At the time of possession builder has asked for Labour Cess from me. This was not part of original contract between me and the developer.
Is is right on the part of the developer to charge this tax from buyer. From what I could gather is this is on part of contractor.
In the BBA/FBA or agreement he had mentioned that any state tax will be passed on to buyer. But this should have been disclosed earlier.
Also, i have not come across any other builder who is charging such amount from buyer. Even JayPee has not done.
Property is located in Noida, U.P
Developer : The Three C Company
Thanks !
AAVADHOOT. D
20 December 2013 at 11:46
Sir,
How do I get list of employees working in a Firm under RTI? Which department will be able to provide me this? Please guide.
Regards.
Amaresh Patel
20 December 2013 at 10:40
DEAR SIR
IT IS A PUBLIC OFFICE AND IN THE INTEREST OF PUBLIC DURING THE PEAK RUSH TIME OF THE MONTH ONE SUPERVISOR DID NOT RELIEVE HIS SUBORDINATE THOUGH THE SUBORDINATE HAD BEEN GRANTED EARNED LEAVE WITH OFFICE ARRANGEMENT. PRIOR TO GRANT OF THE LEAVE THE DISCIPLINARY AUTHORITY HAD BEEN REQUESTED TO DEPUTE ONE HAND ON DEPUTATION TOE MANAGE THE OFFICE WORK. DESPITE THAT THE DISCIPLINARY AUTHORITY GRANTED THE LEAVE ON OFFICE ARRANGEMENT AND WITHOUT CALLING FOR ANY EXPLANATION SUSPENDED THE SUPERVISOR VIDE RULE 10 OF CCS(CCA) RULES 1965.
IS IT LEGAL ?
2. DURING THE PERIOD OF SUSPENSION THE SAID SUPERVISOR WAS CALLED FOR AN EXPLANATION WHY DIDN'T HE RELIEVE THE SUBORDINATE OFFICIAL IN REPLY OF WHICH THE SUPERVISOR WROTE LIKE THIS "The official could not be relieved due to accute shortage of hand at the peak time of business of the month, though he had been granted 6 days EL for his brother’s marriage. " AFTER RECEIVING THE AFORESAID EXPLANATION HE WAS REVOKED vide clause(C) of sub-rule(5) of Rule 10 of CCS(CCA) Rules 1965" . BUT IN WHICH GROUND HE WAS REINSTATED WAS NOT MENTIONED IN THAT MEMO.
QUERY : IN WHICH CASES ONE IS REVOKED ?
3. AFTER 9 MONTHS OF ISSUING ORDER OF SUSPENSION THE SUPERVISOR WAS CHARGESHEETED IN RULE-14 VIDE MISCONDUCT OF NOT CARRYING OUT THE ORDER.
QUERY : AFTER THE REVOCATION IS IT REQUIRED TO BEGIN RULE-14 ENQUIRY ?
4. IN REPLY OF THE CHARGESHEET THE SUPERVISOR REQUESTED TO SUPPLY THE COPIES OF LIST OF DOCUMENTS AND STATEMENT OF WITNESSES TO SUBMIT HIS DEFENCE STATEMENT BUT THE DISC. AUTHORITY DENIED THE SAME AND WROTE THAT THE SAME WILL BE PROVIDED AT THE TIME OF ENQUIRY. AGAIN THE SUPERVISOR WROTE LIKE THIS : "WITHOUT GOING THROUGH THE LIST OF DOCUMENTS AND STATEMENT OF WITNESSES HE IS UNABLE WHETHER HE ADMITS OR DENIES THE CHARGES AND HE IS ENTITLED TO GET THE SAME AT THAT STAGE"
QUERY : IS HE ENTITLED ACTUALLY TO RECEIVE THE AFORESAID DOCUMENTS AT THIS STAGE ?
5. AFTER A MONTH PASSED THE DISC. AUTHORITY HAS NEITHER SUPPLIED THE DOCUMENTS NOR STARTED THE ENQUIRY ?
QUERY : IS THERE ANY TIME LIMIT TO START THE ENQUIRY ?
WHAT OTHER STEPS HAS THE SUPERVISOR TO TAKE FOR HIS WELFARE ?
Leena Casper
19 December 2013 at 17:44
Dear Members,
Please let me know the minimum wages for unskilled workers in Mumbai in Andheri.
Leena Casper
19 December 2013 at 17:34
Dear members We are a pharma company with Sales employees all across India. We know for sure that some of them are doing other small time or proper private office jobs with their close relatives while they are still on our employment. No one is ready to testify against them. How can we take action against them and terminate them.
They are reporting regularly through on line reporting. Will video graphic evidence be sufficient evidence to terminate them. If yes what are the things we need to ensure or take care of while generating such evidence.
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Regarding inaccurate service by a share market investment advisory company
In order to get expert tips on share investing, I have availed a paid annual subscription of a share market advisory company in March, 2013. I stay in Faridabad while the company is Indore based company. My grievances are following-
1. The company despite of several calls and e-mails, has not issued any receipts/invoices containing terms and conditions. On telephonic contact, the representatives make false promises for issuance of invoices and contract. Only evidence in support is account transfer of subscription fee demanded.
2 The advisory service has been totally loss making tips and as result I had made loss of approx. INR 60-70,000 till now. On several complaints, the company has stopped giving tips and refuses to acknowledge inaccuracy of service. It has even refused to return back my subscription fee of approx. INR 50,000.
Now my request to all legal experts is to suggest a way out on how can the cheating company can be taught a lesson on this. Later I came to know, through an on-line forum, about several persons loosing money by this company. I realise that I have been fooled due to carelessness but this is case with several innocent people like me. I am sure that if you all not helping me as expert, there will be more innocent victims to the list. As such, on humanity ground, I request all legal experts to suggest to nail the company.
With warm regards
Aalok