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

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gurudath   06 December 2013 at 10:52

Fir on resigned employee

Sir,

For the following situation:


Employee resigned. his functional head released him with appreciation mail.(HR still did not)
Same time company realize that resigned employee was indulge in malpractice with vendor in huge volume. FIR also filed to that effect. Case is in court.
However, employee is quoting the reliving mail sent by his functional head and demand his PF and Gratuity settlement.

Any expert advice please.

Thank you.

Bhalnish Desai   05 December 2013 at 11:17

Presenting officer in domestic enquiry

Dear Sir,

We wish to appoint our HR Manager as Presenting Officer in Domestic Enquiry against defaulting worker.

His qualification is LLB + MLW. Can he be appointed as Presenting officer.

Regards

Mahasen   04 December 2013 at 17:26

Effect of relieving order on transfer

when the employee is on leave can relieving
be made effective

Anand Mahajan   04 December 2013 at 15:21

Employment agreement.

Dear Experts,

I am an employee with an organisation. I have joined this organisation on 14th Oct. 2014. While joining this organisation I signed employment agreement which has a clause that If employee wants to resigned within 6 month from his date of joining then he need to pay one months salary to the company. I want to resign this company. I am requesting you all to please guide me. If I resigned, then is there any law which can save me from this clause.

As I am aware that any one can terminate the agreement by giving reasonable notice. But in my condition along with this notice I have to pay to the company. Please help me to save this loss. I want to resign.

Member (Account Deleted)   04 December 2013 at 09:09

Disciplinary action against employee

Dear Sir,

I work in reputed MNC and I am fearing disciplinary action from my employer.

ganesh yadav   03 December 2013 at 08:42

With out any notice terminated and stopped salary

Dear sir/madam,
I was worked as a RM in stockbroking office since 5-07-2011(visakhapatnam andhra pradesh),with out any information they stopped my salary for the month of march2013,that time i asked to my branch manager why i didnot got my salary he replied i dont know,i waited for 1 weak i did not get any kind of reply, then i send email(company mail id) to all of my heads including MANAGING DIRECTER regarding salary dt 13-04-2013,after 3 days they blocked my mail id and terminated, that time one of my friend suggested me give a complaint in labour office, i went to labour office given complaint, labour officer sent notice to head office and local branch office, labour officer asked about my salary but they said we are not ready to give salary at the time of joint meeting dt18-06-2013,
after that i have approched advacate i explained every thing adv said we will file a case againest company, but my bad time from that time for samikeandhra purfuse all govt employees on strike,from last 3 months iam asking my advocate about my case he said we r strike please wait for some time,
Dear all please provide me suggetion what i have to do now,

ravindrakumar   02 December 2013 at 20:16

Difficiency in service

Hi Experts ,

I have booked a cell phone of value 1100 form The mobile store online ,(Payment mode was Cash on delivery) but havent recieved delevery , and after one month i recieved a E mail from The mobile store ststing the order is cancelled . i also follow up with Customer care regarding the same but got only one answer"it will be delivered shortly."

After escalating this , they offers me componsation of 500 rs ,

Kindly advice me for above service difficeincy how much i can get as componsation .

Thanks,
ravindra.

V.N.K. MENON   02 December 2013 at 16:54

Matter resolved

I do know if matter 'resolved' goes out of string and hence repeating the same for ready reference, pl., before getting time-barred.

COPY - quote
------------
A revision petition was filed before Addl. Sessions Judge against the order of ACMM dismissing complaint for breach of trust interalia u/s 405, 420 IPC .

Title of a Revision Petition is:

A --- Appellant

Vs.
Respondent-1 ----- I.O.
Respondent-2------“ P “ company
Respondent-3 ---- “Q” Chairman of R-2
Respondent-4 --- Regional P.F. Commissioner
Respondent -5 --- Central P.F.Commissioner

Earlier, ASJ had issued Notice to P & Q [i.e. R-2 & 3]. Arguments took place. “A” submitted written arguments keeping in mind the tainted course and conduct of R-2 & 3 including graft cases and several other cases against the employer R-2 & 3. Whereas Answering respondent filed written arguments only the very day of oral arguments made by both the parties. While giving verdict the ASJ has not taken crucial factors/points into consideration against R-2 & R-3 in a similar way ACMM had done for the reasons best known to him only.

I wish to apply for leave to file appeal u/s 378(4) in High Court.

QUERY- A:

(A) In such a situation is there any liberty, in the proposed application for leave,

If memo of parties can be rearranged as
---------------------------------------
1) R-2 as R-1 and so on
2) R-3
3) R-1
4) R-4
5) R-5

QUERY-B:

A P.F. Account No. consists of three parts: Area code/co. code/employee- specific no.

When complaint was lodged after 8 years with the Cent. P.F. Commissioner for prosecution and recovery of damages, the employer had made following deposits vide two challans THE SAME DAY :

(i) contributions in employee account No. X/1636/318

(ii) penalties and charges in A/c No. X/1636 only, without employee code IN PRETENCE OF COMPLIANCE OF LAW.

The question is: Isn’t it a fraud as the
------------------------------------- employee is the sufferer ?
-------------------------

SHALL BE THANKFUL FOR CONSIDERED OPINION /COLLECTIVE-WISDOM OF EXPERTS, PLEASE.





Expert : Devajyoti Barman
PRO CHAT CALL

Posted 2 days ago
Who are you, party of advocate?



Author : V.N.K. MENON
PRO CHAT CALL

Posted 2 days ago
studied law, but did not practice for some reasons. now i am party, senior citizen, do not wish to practice in the evening of life - but circumstances and internal politics in employer organization, necessitated to go to court. As such i very much collective wisdom/guidance. delinquent should suffer punishment not to avenge injury caused but others may not suffer in future.

thanks & regards.



Author : V.N.K. MENON
PRO CHAT CALL

Posted a day ago
CAN I SOLICIT LD. OPINION/ GUIDANCE OF EXPERTS, PLEASE, AS IT SEEMS ESCAPED THE ATTENTION OF L.C. EXPERTS.

TKS & RGDS.



Author : V.N.K. MENON
PRO CHAT CALL

Posted a day ago

One more query is:
-------------------
Whether in an application seeking leave to file appeal, is it necessary to have Notice of Motion in it?

Once again tks & rgds

jibin   02 December 2013 at 16:52

Can i take medical or earnsd leave after giving 1month resignation

sir iam working as a staff nurse in all india institute of medical sciences ,i have given 1 month resignation to join another central govt institution throwithugh proper channel and with noc, my quiry is can i take medical/casual /or earned leave after giving 1 month resignation please give me an answer

Vasudevan   02 December 2013 at 16:52

M.a.c.p

I had been promoted on 13.10.1997 as Accounts Officer. As per 6th Pay Commission Recommendations I am entiled for m.a.c.p. with effect from 13.10.2007 (However, the financial benefits shall accrue only from 1.9.2008 only as per the Pay Commission recommendation). I had been charged sheeted in a criminal case in 2010 (FIR registered in July 2008). The m.a.c.p. is being refused because of the pendancy of the criminal case. Whether, the accrued benefit can be refused for the events happended after the date of eligibility/entitlement? Please oblige.