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

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Rohini   11 December 2013 at 20:53

Mental harrasment

Hi,

I had joined a company as Training Manager which runs managed hotels in May 2013 at Trivandrum, after relocating from Pune. After about 4 months, when I had just taken up a house on rent in the city, I was given two options - either to resign or transfer to another property at a remote location, Kodaikanal.
I did not have any previous written or verbal complaints, and I was doing a good job as per my Managers.
All of a sudden, was transferred to Kodaikanal.
After moving to Kodaikanal, 15 days later was asked to resign on the pretext that I was not doing a good job.
This was in total contradiction to the earlier four months spent at the same organisation.
Also, did not receive any transfer benefits nor was reimbursed the complete money that I spent on relocating.

Eventually I came to know that I was victim of a political game of the Corporate General Manager, both at Trivandrum & Kodaikanal.

He even went up to the extent of threatening me by mentioning "I gave you a chance at Kodaikanal, after you messed up at Trivandrum". I have proof by the General Manager of the Unit that there was no mess, and it was just words by the said Corporate General Manager

Must add, that the Corporate General Manager is now terminated from the company.

However, is it possible to file a case against him, possibly mental harrassment?

Please advise

Best Regards,
RH

Ashok Kumar Adhikary   10 December 2013 at 17:33

Transfer protection as per the pwd act 1995 in psu bank

NAMASTE ADVOCATES!

I HAVE BEEN TRANSFERRED TO A FAR OFF PLACE ON MY PROMOTION AS MANAGER IN CANARA BANK.
I HAVE SUBMITTED LOCO MOTOR DISABILITY (55%)CERTIFICATE TO THE BANK IN 2006,ISSUED BY COMPETENT MEDICAL BOARD.
AS PER THE ACT FOR PERSONS WITH DISABILITY (PWD)-1995, THERE ARE SOME PROVISIONS OF PROTECTION ON TRANSFER.
I DON'T KNOW THE ACT, BUT I HAVE GOT THE ORDERS OF THE FINANCE MINISTRY REGARDING THE RELIEF AND PROTECTION PROVIDED TO PWD.
I HAVE APPEALED TO PWD COMMISSION AND HE ADVISED THE BANK TO CONSIDER MY TRANFER FOR BHUBANESWAR. BUT, BANK IS NOT CONSIDERING MY TRANSFER BACK TO BHUBANESWAR FROM GUWAHATI.
NOW, I AM ON LEAVE AS MY MOTHER IS SICK AND I FIND VERY DIFFICULT TO STAY WITHOUT MY FAMILY AS I DEPEND ON THEM FOR MY DAY TO DAY NEED.
CAN YOU PLEASE SUGGEST THE BEST OPTION FOR ME TO GET TRANSFER BACK TO BHUBANESWAR UNDER COURT OF LAW ?
PLEASE FIND THE ATTACHMENT AND SEND BACK PWD ACT 1995. I HAVE GOT THE BILL FOR AMENDMENT OF THE ACT 2012. MY MAIL ID adhikaryak001@gmail.com

Regards
Ashok

jagadish paranjape   10 December 2013 at 14:16

Multi stste function of unions

A union is registered in Pune Maharashtra. The constitution provides for function in Maharashtra.The employer opened new unit in Madhya Pradesh. Can the union seek amendment to constitution from Registrar of trade union at Pune to enable it to function in M.P.
Regards

Ramesh Kumar Pandey   10 December 2013 at 13:16

Gratuity payment

Dear sir,

My Father has work in renowned company and retire in 1994 with all perks including gratuity, after that the company re-appoint my father again and Pay all the salary as usual with ESI P.F. Deduction but recently the company want to release my father but denied to give him any gratuity & other perks can my father eligible for the same .

Rajiv Kumar Singh   09 December 2013 at 13:03

Contractual employement

Dear sir,

I am working as a contractual employee with an Autonomous body under ministry of health & family welfare.

Earlier there was a contractor involved in between the Authority and Employees and we were getting salary from contractor.

But w.e.f 01.01.2013 The Authority employed us directly and paying us the salary after deduction of TDS @ 10% under 194J of income tax act, 1961. The contract was for 1 year and it is about to renew for another 1 year with an increment of 7% .

I have 3 Questions in my mind:-

1. Can an autonomous body absorb the employees working there as contractual employees as the posts were not filled with regular employees for more than 1 year now ?

2. I have heard that SC said for Equal payment for equal work. According to that we are working at the post of having a grade pay of Rs. 4200/- on which salary comes to Rs. 33000/- per month where as authority is paying only Rs. 22500/- after deduction of Tax of Rs.2500/- per month. so are we eligible for the upgraded salary ?

3. Th authority is not deducting any PF or ESI etc whereas we are around 150+ contractual staff working with the authority since its establishment from 2008. What is the future of the employees ?

Regards
Rajiv

Amaresh Patel   09 December 2013 at 10:23

Non-consideration of application for a post advertised in web-site

Respected Sir,
I am a Postal employee working since 15 years in Department of Posts. I had applied for the post of Technical Supervisor (CEPT Mysore) on 01.10.13 duly filled up in the prescribed application form published vide Department of Posts web site(indiapost.gov.in) dated 30.09.13 through proper channel which was received by my immediate higher authority, i.e. o/o the SSPOs, Sundargarh Division on 03.10.13. As a matter of regret my application was returned by the o/o the SSPOs, Sundargarh Division on 05.12.13 with the remarks “no information has been received from the Dept. of Post regarding recruitment of Technical Supervisor (CEPT Mysore)” inspite of my intimation of the publicity of the deputation in indiapost.gov.in website in my application itself which was received back by me on 07.12.13 during the office hours.
As per the advertisement my application had to be arrived to the Dy Director General(Technology), Department of Posts, Dak Bhawan, Sansad Marg, N Delhi-100001 within 15 days of date of advertisement through proper channel only and if received directly then the application will not be entertained. For kind information no hard copy of the advertisement has been received from our Department by my office. I applied vide our departmental web site www.indiapost.gov.in.
Now I am unable to apply again for the same as the date has already been crossed.

A copy of my application for the Post on 01.10.13
I hereby apply for the post of Technical Suprevisor(CEPT Mysore) duly filled up in the prescribed application format in Annexure-B published in the Department of Posts web site (indiapost.gov.in) dated 30.09.13 for kind consideration of my eligibility for the said post.
A copy of the SSPOs letter dtd 05.12.13
It is to intimate that no information has been received from the Depat. Of Post regarding recruitment of Technical Supervisor (CEPT Mysore). Hence the application can not be forwarded to DDG(Technology) and returned herewith.

So, it is requested kindly to convey me if I can apply for a Post published through the website and request to give me advice for getting natural justice for the same.
With regards.
Amaresh Patel

Mridul   08 December 2013 at 16:40

Gratuity payment

Hi sir/mam,
I have been in continued service with an organisation since 9th april 2009 and last day with company was 29 october 2013, am i eligible for gratuity withdrawal.
DOJ:09/04/2009.
DOR:29/10/2013.

Thanking you in advance.
Mridul Boruah

nilesh kokane   07 December 2013 at 11:49

Appointment on compassionate grounds

my father is a d.o.t (dept of tele) employee retired on invalid grounds he got invalid retirement on 2011 when we filed a case in cat n we won the case so as the govt hospital certificate was of 2004 the date of retirement was confirmed 2004 so i was called to fill the form of job n after that they tell that u r not getting the job because of point system as u filled the form on 2011 so the points r cut form late appliction as we got the retirement on 2011 which has the date 2004 we r not responsible for this can i get the job on compassionate grounds i want a lawyer of cat for this in mumbai plz if intrested give me the no i'll contact u nilesh

Ajay Bagha   06 December 2013 at 21:45

Exploitation and domination at workplace

I have been working as implant/residence exceutive in clients office and the co-workers at clients office is exploiting and dominating on the basis of there position to acquire service of my parent company.
Since my client is paying off the bills my parent company is ignoring my turmoil and even supporing client to supress me to the extent the client desires.
I need to know what best can be done to avoid such situation. Is there any legal arrangements to this.

Brajesh Kumar   06 December 2013 at 11:29

Termination


My services were terminated.

A double judge bench set aside my termination but it upheld one out of three chages contained in the charge sheet; and ordered reduction on consequential benefits.

The charge upheld by the bench was not proved by the enquiry committee.

What are my options: can the court uphold a charge independently which has not been proved by the enquiry committee. I remember having read some judgement, saying that a court cannot travel beyond the findings of the enquiry report? What is the current law on this?

Should I go in for a review or appeal in Supreme Court. Can I appeal in SC if I fail in review, or do I have to choose any one option?

Please let me know if any further information is required.

Brajesh