Rama mohan Acharya
25 September 2013 at 08:57
Here is the case : During continuation of adjudication proceeding before the State Indusrtial Tribunal, few workmen filed an application for withdraw their claim. Accordingly the Tribunal allowed the application. Subsequently some persons had filed separate claims before the CGIT as the appropriate Govt is the Central Govt. It is seen that some of the claimant's name has not been withdrew from the State Tribunal. management filed preliminary objection stating that dispute cannot be raised before two forum on the same cause simultaneously. the CGIT instead of deciding the preliminary objections, directed the Management to file counter on merit of the case.
Is it legally correct? What further stand can be taken by the Management to get the preliminary objections decided before the case is heard on merit? What is the Legal Provision? Any supporting Citation please.
vivek arya
24 September 2013 at 21:59
What is the legal working hours in a private/prop-writer company? In my company there is approx 54 working hours in a week + 1/2 hour a buffer time, means total working hours is 57 hours. Management say it is a company policy. is it legal ?
What can i do about company? please suggest me the legal advice. Its a IT Company & a Night Shift. No any facility & restriction is much more.
priyanka sinha(bose)
24 September 2013 at 16:56
1- That my client was appointed by Mr.Arun Kr.Jalan in his company JALAN INFOTECH PVT.LTD. vide his offer letter dated 01.10.2008 as Branch Manager and the salary of my client was fixed at Rs.29,100/- per month vide his offer letter dated 01.10.2008.
2- That my client did his duty diligently, regularly and with utmost punctuality sincere, and with full devotion by doing manual job with his own hands and skill set in accordance with the well-settled provisions of the law. Mr.Jalan issued the offer letter in the name of my client and got printed the visiting cards also in the name of my client.
3- That on 01.09.2012 when my client went to attend his duty then Mr.Jalan abruptly refused to allow to my client to attend his duty, my client found the office premises shutter was forcefully closed by Mr.Jalan without any reason explaining to my client and he refuse to talk with my client further in a most illegal and unlawful manner without any reasonable rhyme and cause. At the time of closing of the services of my client, Mr.Jalan did not pay the salary, conveyance, bonus, medical, privilege leave and others benefit for the month of April’12 to till date which comes to Rs.5,94,805/- to my client.
4- That my client visited his office from January’12 to August’12 from time to time and spent a huge amount of Rs.20,000/- on the charges of traveling /conveyance charges but Mr.Jalan refused to pay the outstanding amount of Rs.20,000/-. Lastly on 07.02.2013 Mr.Jalan clearly refused to pay the salary amount of Rs. 5,17,605/- to my client.
5- That Mr.Jalan did not provide my client statutory benefits i.e. ESI & P.F. etc.HE also did not pay the salary of Rs. 5,94,805/- and the amount includes of bonus and other service benefits in total.
6- That my client also lodge an FIR on 22.02.2013 at Gariahat P.S. bearing no. 118 and simultaneously on 14.03.2013 at Lake P.S. bearing no. 99, for the non-payment of salary. But he didnt get any positive response from them.
Now my client is in hand-mouth situation,his total amount of non payed salary is 5,94,805. His old mother and only son who is a minor is suffering due to severe poverty. How can he get an immediate recovery of that money? and i am kindly drawing your attention in this context that Mr.Jalan,the director of Jalan Infotech Pvt.Ltd did not provide the FORM-XVI(16)I.T FORM to my client,what is the immediate procedure to save this family?
vishwas
24 September 2013 at 15:36
hello sir, my father is class 1 officer in ksrp(Karnataka state reserve police) , now he is getting promoted & transferred to higher post, now the problem is he has less service period i.e around 6 months & his health is very bad, so how can he cancel his transfer .
pls reply .
Thank you
MANOJ KUMAR PATI
24 September 2013 at 15:00
Hi This is Manoj! My Brother works at a corporate bank in Bangalore as branch head. He had attended an interview and got selected by another bank for career growth 3 months back.He has fulfilled all joining formalities. He received the appointment letter as well. His notice period of 3 months with the existing bank ended 3 days back.Yesterday itself he got an mail from the new bank wishing him welcome " On Board".
But strangely and very sadly today morning itself the new bank rejects him joining quoting problem with reference and citing him not a definite cause. He has his dependent family ,parents,wife and a kid and commitments like home loan.
What can be done now and how can this happen!
Any valued suggestion! Need some way at earliest!! Hope all my friends out here understands the situation and point I am making!
Ravi Rangaraajan KV
24 September 2013 at 11:32
I am working in a public limited company (private sector) as Manager-Accounts I have joined on 22/7/2013 and two months completed My probationary period is six months. What is the procedure if I want to resign now.(during probation period-completing two months tenure of six month probation)
A clause in my appointment order reads, "You shall be agreed to serve for three years in the company. after that period one month notice is required on either side......."
IS this clause of three years, valid during probation period. kindly tell me the procedure for resigning now......
abhishek verma
24 September 2013 at 10:24
If a person is serving in an educational institute, and doing a higher study course in the same institute, the institute has taken a his signature on a non judicial stamp paper of Rs. 100 of Rs. 1 L on which the content mentioned is as follows :
"On completion of his course in the year 2012 he will serve the institute for another 2 years" but his course will be completed in 2013 and yet not completed that means the bond is invalid, and not bound to give the amount on leaving institute and if valid it should be counted from 2012 itself, any suggestions. Can the institute take any legal actions for this.
Gargi
23 September 2013 at 14:45
Sir,
One of my friend working with a PSU bank joined a central government job after resigning from his post of asstt. manager on personal ground. He did not intimate his new employer about his previous job. Now he is afraid that about that.
The queries are
1- Can his new employer terminate him?
2- What he can do now?
chirag
23 September 2013 at 13:17
RESPECTED SIR,
ACCOUNTANT(NOT CA) FEE ARE COVERED UNDER THE DEFINATION OF WAGES UNDER SECTION 2(22) OF THE ESIC ACT ??
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Notice period -not served in full
Hi I quit an indian MNC after serving around 22(3 weeks) days. As per the offer letter i have to serve 90 days of notice period or compenstae the company by paying the company for unserved period . But the company has the right to ask me to serve 90 complete days or compensation.
Company is asking me to serve full 90 days and they are not ready to be compensated. I had clearly mentioned that i was redy to compensate for therest of the unserved days as i was not in a position to continue and serve my full notice period. But they did not agree for it and o had to stop woking there. I returned all the company asset like laptop,ID card, and even drawer keys.
Even i have emailed them with my problems for not being able to continue with them. They insisted to come and join immidiately which i could not.
now i started receiving mails stating that they wouyld consider it as absconding as i was absent at work without prior approval.
They are saying that they would hold back my full and final settlement and no releaving letter will be issued. Please advise.