Ranjeet Singh chauhan
28 October 2013 at 21:14
Hi Law intellectuals,
I am really previledge to address this concern with MY LAW FAMILY.
one of my friend was working with one company based in gurgaon. He was earning Rs. 20000/-. Recently he switched to other company and his resigantion was confirmed by his previos employer. As my friend did not wish to serve the notice period so he decided to pay the arrears to the previous company.
He was under an impression on below given counts.
1. Company would ask him for 1 month notice period.
2. Company would ask him to pay basic of his salary, if he wish to buy the notice period.
To his surprise company asked him to pay 2 months gross salary which is Rs. 40000/-
Now, he is in great pain and want assistance on following given queries.
1. Does the notice period of 2 months is what employee has to service as per HARYANA LAW.
2. Does employee has to pay the gross salary and not the basic of his monthy salary.
Request you all to please assist in the above query with reference to relevent provision of Laws prevailing in State of Haryana.
Thanks & Regards,
Vishal Nagar
9213284009
V.N.K. MENON
28 October 2013 at 14:13
BRIEFLY: An employer challenged the Award of Labour Court by way of WPC say in 2006. W/man filed 17-B (ID Act) application for interim relief. S/Bench rejected his claim.
LPA was filed. Div. Bench passed interim relief by way of consented order in January 2009 and employer agreed to reinstate the w/man.
The interim order does not contain any whisper about retirement and also in the absence of a clause of retirement in the service rules/appointment letter and also accordingly to practice with respect to other employees of same categories (working/ worked beyond 60 years), and without seeking permission from the authorities for effecting retirement – the w/man was given retirement by said employer at 60 years.
The WPC is on board single bench and has not reached finality.
The w/man again requested for interim relief u/s 17-B during the pendency of WPC as per the will of legislature. Not only the relief was rejected but also the matter was put for hearing when its turn comes.
In the circumstances, w/workman filed a Petition for early expeditious hearing on ground: (1) being senior citizen of > 61 years (weaker group as defined by the court) (2) for having rejected interim relief as stated above and also for the fact that w/man has no livelihood and depending upon others for survival.
Unfortunately, the matter came up before the same judge ( as stated in para-5 above) who had rejected the 17-B application as stated in para-2 above. In the context w/man wants to file LPA. (Hope I am able to deliver the good in the narration).
QUERY: (1) WHAT ARE THE ANNEXURES REQUIRED TO BE FILED WITH THE LPA? MEANING WPC BEING MASSIVE WHETHER COPY OF W/P IS ESSENTIAL, AND ALSO WHETHER COPY OF COUNTER FILED ARE TO BE GIVEN TAKING INTO ACCOUNT THE FACT THAT THE MATTER IS FOR EXPEDITIOUS EARLY HEARING.
(2) WHETHER DATES & EVENTS/SYNOPIS IS necessarily TO BE ANNEXED?
(3) ANY OTHER MATTER TO BE TAKEN CARE OF IN THE COLLECTIVE WISDOM OF EXPERTS/ COLLEAGUES.
Thanks & regards.
Sunitha
28 October 2013 at 11:32
1. I have just moved here from the Middle East. would like to know how is bonus calculated.
2. Is it calculated by deducting salary?
3. what are the taxable slabs for income?
4. PF - how do u access the PF funds once u leave the company.
Anonymous
27 October 2013 at 21:30
Dear sir.
Pls help to understd as why some co deducts 24% from employee's salary
Shweta Nandini
27 October 2013 at 18:59
While looking for new interns on the internet for our company, we came across some people putting up fake credentials on their profiles in websites like linkedin and facebook. They put up names of colleges they never studied in and degrees that they never earned. While their resume that they personally submitted to us turned out to be a bit different.
Although we on our level can handle such misrepresentations and we can select individuals based on their actual resumes. But these fake online credentials can pose a serious risk of fraud in matters like matrimony etc.
My question is: Is there any law in India against putting up fake credentials online? Can the institute or college, whose name has been fraudulently used by the person in their online profile, take any action against that person to have their college name removed from their profiles?
Thanks in advance.
Shekar
27 October 2013 at 17:42
Dear Sir
In a process industry where some of the employees are on seasonal employment. During the time when they are unemployed, the industry pays Retainer allowance. This allowance will be paid for the unemployed months during the start of the next season.
Question is:
How to calculate Retainer allowance, whether it is on CTC or
on Basic+DA
Grateful, if you could kindly clarify.
Regards
Shekar
Bhaskar Kartha
27 October 2013 at 11:28
My friend attended an interview in a PSU in Kerala to Technical posts of Accounts Officer/Internal Auditor. The selection procedure started with notification in News paper, etc. But no written test or valid transperent procedure was adhered to by the PSU. I would like know whether any higher court of law has framed any guidelines or procedures to be adopted by the PSUs in the selection procedure and any govt. rules, regulations or guidelines in the matter.
RITESH RANJAN
27 October 2013 at 07:19
INCREMENT DURING PROBATION
Respected Madam/s & Sir/s,
With much hope, I humbly pray for clarification on the subject cited above. The brief of facts and circumstances for your kind perusal is appended below:
1) I joined Govt. of India service on 30th January, 2004 at the Integrated Test Range, DRDO, Ministry of Defence as Assitant (Hindi) in the Pay Scale of 5000 - 150 - 8000 /-. There I completed my probation period of two years as was prescribed in my offer of appointment. Then after, the Competent Authority therein closed my probation and confirmed my services on with retrospective effect.
2) In the year 2006, I applied for the post of Junior Hindi Translator in my present Deptt. of Atomic Energy through Proper Channel which carried the Pay Scale of 5500 - 175 - 9000 /- as then advertised. There, I got selected and the offer of appointment was served to me on which, I accepted and joined my present work place on 25th January, 2010.
3) At my previous workplace I was placed in PB-2 with G.P. 4,200 /- by virtue of 6th Pay Commission and on the date of my relieve in consequent to Technical Resignation from there i.e.,12th January, 2010 my Pay in the Pay Band was 11,650 /- and G.P. was 4200 /-.
4) It is admitted that the Offer of Appointment from my present Deptt. included a provision of 01 (ONE) year PROBATION and nature of my service as TEMPORARY.
Regarding the same, in my application addressed to my present Deptt. I sought some clarity regarding PAY PROTECTION and LIEN with concerns of my service security. In response to the same, they answered “in order to avail past service benefits, I must submit TECHNICAL RESIGNATION and then join” which I adhered to.
5) But, to my utter surprise on JULY, 2010 I was not given any increment. When I sought clarification regarding the same, I was told that my PROBATIONARY PERIOD has not been closed as it is in RULES that A PERSONNEL UNDER PROBATION WILL NOT BE PROVIDED INCREMENT.
6) Here a noteworthy fact is that, in my Previous Deptt. (DRDO/Min of Defence) I was given increment in January, 2005 under then prevalent Increment conditions.
7) In the meantime, due to some unfortunate happenings my wife deserted me in JUNE, 2009. After many futile attempts of reunion, I filed a DIVORCE CASE U/s - 13 of the Hindus Marriage Act, 1955 against her in the month of JULY, 2009. In an immediate counter blast, I along with my family members was roped in a 498 A case (Dowry Harassment) and the Cr.P.C. 125 (Interim Maintenance) by my wife in the month of AUGUST, 2009 & OCTOBER, 2009 respectively. Afterwards, she even wrote a letter to the Head of my previous Deptt. regarding the cases upon which I submitted my humble written clarification when my previous office asked me to.
8) Before your Learned and empathetic self, I submit that after getting information that I along with my old parents and unmarried sisters have been named in a 498 A case, I started to run from post to pillar for getting relief in form of Anticipatory Bail. (Till then the Hon’ble Court hadn’t taken COGNIZANCE upon the same and the case was in enquiry status).
9) In the month of April, 2010 only the Hon’ble Court took Cognizance after
which I fell under tremendous mental, physical and economical pressure of saving my Parents’ dignity and future of my sisters. After ultra-minute hardship, by the Grace of God, I along with my family members was granted Anticipatory Bail by the Hon’ble High Court of Judicature at Patna in the month of August, 2010 (for my parents) & December, 2010 (for self).
10) In between, somewhere during the month of October, 2010 my wife wrote on other letter to my present Head of the Office regarding the cases. After that, I again submitted my humble clarification when asked to, with a prayer to not take any coercive action against me till the Hon’ble Court’s order.
11) That, during this whole period from the 25th January, 2010 (my date of joining the present Deptt.) to till date, I have not been issued any letter mentioning EXTENSION OF MY PROBATION PERIOD, INITIATION OF DISCIPLINARY ACTION, IMPOSITION OF PENALTY etc. by my office.
12)Respected Sir/Madam, till today I have been kept deprived of my Increments, Performance Related Incentive and any Advance other than Festival Advance.
REQUEST
a) Please clarify, whether it was right to keep me under Probation as I was already Confirmed in the same Grade Pay of 4,200/- by my previous office and both my previous and present posts carry same job profile and responsibilities. Can I get my increments ?
b) Please clarify, whether it is right to not grant me Increments.
c) What remedial measures are open for me and the chances of getting orders from the Hon'ble Judiciary as desired ?
For the act of which kindness, I shall be ever grateful to you.
Thanking you, for your valuable time,
Yours faithfully,
Place : Shillong.
Date : 27th Oct, 2013.
(RITESH RANJAN)
DKTAZILANOM9909
26 October 2013 at 11:36
Dear Sir.
We are the staff employees of a PSU. We had a facility of traveling Andaman through LTC by any airlines of economy class. Some of us availed that facility through different agencies. Accordingly our organization reimbursed those expenses of LTC as per our entitlement. Recently our recognized union made a facility part agreement with the Management where our facility of LTC by air travel was withdrawn by retrospective effect. So we need to pay back that huge expenses of air travel and the cost is so high that our forthcoming monthly salary will be nil for few months as our management is planning to recover it by making our monthly salary nil .
Our question is whether our Management can recover those expenses by making our forthcoming monthly salary nil or we can force our management to recover those expenses by paying us any minimum amount monthly salary?
Regards.
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Provident fund
whether the EPFAT has power to decide the review petition of its own order
if yes how can we get the relief from the court
and
where the Tribunal has power for the same
please give me the detail of the provisions if any and the apex decisions if any