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

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aslamskhan   03 October 2013 at 18:38

Salary

Respected sir,
I was employed through consultant by a pvt ltd co.as AGM MARKETING on mar 16.
paid on 8th april.
and april salary paid on 22may after cheque bouncing and getting cleared through NEFT.
on may 15th G.M based in delhi wrote that i can continue only on commisssion basis if interested
Director was reporting boss who just did time pass by postponing dues and finally one day company created email I.D got disconnected and after some days mobile connection also.
approaching them say that i have some issues and till now they have not cleared.my 2month religiously worked salary.

Pls advice

bala   03 October 2013 at 15:20

Regarding wages

sir,
i am working in a pvt automobiles company i have performer of the company but the company wants forcefully to terminate me and also they hold my last working days salaries and incentives, the give more stress to put leave and gave resign letter they not accepted now they told Ur terminate what i can do for my salary and pf formalities.
need Ur guide

jayanttelang   03 October 2013 at 14:56

Regarding jurisdiction

Sir.i was a medical representative in a pharma co.in MP,for last 13 years,company's Head office is at Ahmedabad,suddenly,company discharged me after domestic inquiry,then i submit my case in local labour court,co.took objection regarding jurisdiction,that in my appointment letter co.wrote that in case of any dispute,jurisdiction will be Ahmedabad,
Can it be challenged ?? if you have any citations/court's decision regarding this matter,please guide me as early as possible
Thanks

SURAJIT   03 October 2013 at 10:41

Contract labour act

Dear Sir(s)
can you clarify me on the below mentioned points-
Company "A" has engaged a NGO for its social impact survey for a contract of 3 years and it is renewable after 3 years. Company "A" has its branches in different locations of Odisha and the NGO has engaged its employee at all the locations of the company. in each location 4-5 people are engaged and in total the NGO has engaged 30-35 people.

1. whether employee engaged by NGO will comes under contract labour Act or not ?
2. whether employees of NGO are likely to be covered under different labour laws like PF, ESI, Bonus etc or not ?
3. whether employees of NGO can claim for bonus or not ?
4. whether the NGO needs Labour licence to engage such people for a Company which is the principle employer?
5. Is the NGO can be called as Contractor under Contract Labour Act?

Thanks in advance sir.

showman roy chowdhury   02 October 2013 at 12:19

Mental harrasment by ex - employers

Dear Sir,
Since for last two years I was working for a jewellery firm in mumbai. Seven months back my senior collected cash from one of
my client and didn't inform me, neither the company about it. Every month when I use to go to the client to ask about the money
the client used to say the same thing and also confirmed by my senior that he has taken the money over the phone in my pressence when
I was there at the customer place. I have also conveyed the same to the management and said if all this things are happening I will
stick to the decission of resigning the company. So in the month of August the president of the company asked me to go to the
client with the senior and a accounttant. In the pressence of the accountant the client has given the same statement that my senior
have collected cash and the senior also accepted it.

In the mean time when we were on our way to the client place HR from my company sent some guys to the place where i was about to join
after my resignation. They took number of my new HR manager and called him up and said that I have done a fraud to the company and
they are going to put legal case against me. The HR of my new company has asked them to give it in writting but they are not giving it. This
all made up by my senior to harras me as he have good relation with the HR.

But I dont see any truth in these statement because I have completed my tenure and setteled my entire account with the last
company.

I would really appreciate if you can help me what legal proceeding I can do. can i also go to some NGO or Human Rights office
because it is very much career destroying. plz help.

MANGLESHWAR PANDEY   01 October 2013 at 18:42

Agreement

mai jis company me job karta hu us company ne
3 year ka agreement karwa liya h anjane me us agreement ko o kisi ko dekhne ko bhee nahi dete us per jabardasti se sign le gai h usi agriment k karan ham yaha se chod nahi sakte


so plz help me

SHASHIDHAR A   01 October 2013 at 14:12

Standing orders

Dear Sirs,

I wanted to know if ITES Industry (Call Centers, BPO's) come under the purview of Standing Orders Act in Tamil Nadu.

Is it mandatory for Call Centers to have Standing Orders registered with Lab.Dept.

As per our knowledge it is applicable to Industrial Employments and ITES do not come under Industrial Employment as it is part of Shop & Establishment.

Kindly share your views.

lingraj maradi   01 October 2013 at 00:29

Compensatory appointment

sir

whether the brother of the bachalor deceased person is entitled for compensatory appointment?

if yes tell rulings please.

thanku

Karthik   30 September 2013 at 22:19

Absconded inspite of having a bond

Sirs,
I joined a private organization in last july and worked till august end. Till I was there, I was not at all doing jobs relating to my field of studies in my college. Initially, i signed a bond for 2 years. Else i've to pay 2 lakhs. I couldn't stay there only. Also, they didn't mention anything regarding working hours. Its almost 13 hours a day and 6 and a half days a week. Hence i decided to quit. But, now i've a fear that i might get a legal notice to pay 2 lakhs. I kindly need your advice sir. Should i face it legally or go to company n face it by myself? I am ready to pay expenses incurred by me. I worked for like only one and a half months. For that i can't pay 2 lakhs right? Thats why sir. Kindly help me. That will be really helpful for me..

Isaac Gabriel   28 September 2013 at 19:41

Is mesne profit entitled?

The employer is linked with LIC for payment of gratuity to employees.The gratutiy of Rs.4 lakhs of an emplyee was received from the LIC on 10-07-2002 by the employer.But the gratuity to the employee was disbursed on 05-01-2013 by the Management.The institution is a commercial cooperative bank and lending loans at the rate of 11% to public and members.Whether mesne profit for the utilisation of the amount in business from10-07-2002 to 05-01-2013 could be calimed from the management in addition to the interest awarded by the controlling authority?