Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Avishek   09 September 2013 at 22:35

Reistatement

I am dealing with a case in labour court wherein an applicant has interalia prayed to reinstate in her service as a receptionist cum phone operator in a company wherein her service was deputed by my client. My client is the provider of human resource to its several clients whom has entered into an agreement of providing human resource to their human resource department.
My client has an agreement of providing human resource with the company where from the applicant has been terminated.
My client had selected the applicant on the basis of interview and resume as well as had entered into an agreement under which my client can depute the applicant to any of its client with whom my client has an agreement of providing man power.

The applicant was deputed to the company by my client.

However on receiving complain of misconduct from the company by the applicant , my client had terminated the service of the applicant in compliance with the condition of agreement regarding misconduct by the employee and prior one month notice or one month salary before termination executed by my client with the applicant.

hence my queries are hereunder:
1.whether the case instituted by the applicant against the company in the labour court praying reinstatement of her service along with permanency in the said company wherein her service was deputed by my client on the basis of her uninterrupted six year service is maintainable under industrial dispute act 1947?
2. whether it is at all an industrial dispute within the purview of I.A Act 1947?
3. whether my client has any liability under section 25 F of the Industrial Dispute Act 1947 although my client had terminated the service of the applicant after receiving compliant of misconduct from the company in compliance with the express agreement clause regarding misconduct and prior one month notice or one month salary before termination between the applicant and my client?

krishna kumar   09 September 2013 at 18:55

Writting regination letter

dear sir, good evening

i am krishna kumar working in defence research devlopment organization leh as post of STA.I selected in bank as post of agriculture finance officer.i was apply in bank during service period without permission of office. i want resign from present organization with information like i selected in bank.or resign from personal reason.
plz give suggestion what to do for future point of view as soon as possible..

Member (Account Deleted)   09 September 2013 at 13:35

Vice principal threatening for a transfer

my sister is employed as a TGT(sanskrit) teacher in a govt girls' school under delhi administration.she has completed 2 years+1 month of service,but not permanent yet.she is a divorcee.


since the beginning she faced extreme politics,back biting,targetting by the Vice principal (VP) and colleagues for minor faults,while all other colleagues who made similar mistakes were either not reported to the VP,or their mistakes were ignored.even her students know of her plight because they have seen her getting publically humiliated.


my sister is extremely simple,quiet girl,who bore all this silently for almost 1.5 years.she does not know how to fight and reply back.she is not cunning like others.she is too innocent,seedhi saadhi type.

now off late she has started asserting herself by complaining tio VP, or to incharge about misbehaving colleagues.my mother,in between telephoned the VP and one colleague requesting them to treat her in a dignified manner.my mum did not use any bad language.

still,this aggravated the situation further and my sister was threatened that complaint can be issued against her parents for interfering in school matters.


so as a result these people have united and the VP has been pressurising her to take a transfer in another school.

already she was depressed because of her divorce,but these threats have increased her stress levels.


if she does not agree,then they will make the entire staff sign papers that she and her parents have been harassing the staff,that her her work is not good,etc.


my sister does not want a transfer.all she wants is equal treatment and dignified treatment which other colleagues get.this is what she is asserting for.but people twist her statements that she creates scenes,which is false.


1. can you please guide us if the VP has any grounds to transfer her?


2. if yes,how can she evade the transfer?



3. whom should we contact?


please dont advise us to go for a transfer,because we have our own personal reasons NOT to take transfer.



Thanks..

Michelle   08 September 2013 at 12:55

Loss of pay

Have been working with a family established College as a Lecturer for over 6 years. There is no contract that I have signed nor was I informed about any policy for loss of pay.Everything I did was for family and friends and all was well till this deduction happened for the month of August 2013. I need to know if this can be done in such an ad hoc manner?

JOICE GEORGE   07 September 2013 at 23:23

Country club fraud promise and cheating.

    I have taken country club membership(kool 4957) in december 2008 after talking to the ccl executive Moula D.He came to kottayam and explained about lifetime and transferable membership.He told me that if I take membership then I will be given two adjacent plots of 1089 sq ft each near   Bangalore 35 kms away from new international airport and many other offers like holiday package,air tickets etc.At the time of joining I have asked whether i can select the plots of my choice.he agreed and offered me plot no.591 and 592.So I took the membership by payng Rs.145000 in two cheques of Rs.75000 and Rs.70000 in December 2008.In January,2009, I got the plot allotment letter only for one plot and that too was not as per my choice.It was alotted  site no.2,RR1 layout.when I called the executive,he was not available.I contacted with the customer care ccl.but they told me the other plot will be given later and i hav to contact the concerned executive and disconnected the phone. Later when I enquired in detail I came to know that the plot allotted to me was not near  Bangalore and not even in Karnataka state.It is in Andhrapradesh.Two times I have gone to BangaloreCCL office at Indiranagar to see the plot.But they refused to take me to the site.two times I went to Bangalore and wasnt able to see the site.I asked them to cancel my membership and give me back my money of Rs.1.45 lakhs.They said that it is not refundable.As Country club has not kept the promises, Im going to file a case against country club in the consumer court for cheating me and giving false commitment.I need an expert advice for this too.Hundreds of people became the victim of this fraud promises by the Ccl and lost their hard earned money.And the CCL is enjoying our money.Kindly help me throwing light to this.
 

soundararajan   07 September 2013 at 23:20

Minimum wages

Whether minimum wages Act applicable to Trust? since the trust office employees are getting salary is it comes under Shops & Establishment minimum Basic + DA ? Pl. clarify .

JOICE GEORGE   07 September 2013 at 17:33

Country club fraud promises

I have taken country club membership(kool 4957) in december 2008 after talking to the ccl executive Moula D.He came to kottayam and explained about lifetime and transferable membership.He told me that if I take membership then I will be given two adjacent plots of 1089 sq ft each near   Bangalore 35 kms away from new international airport.At the time of joining I have asked whether i can select the plots of my choice.he agreed and offered me plot no.591 and 592.So I took the membership by payng Rs.145000 in two cheques of Rs.75000 and Rs.70000 in December 2008.In January,2009, I got the plot allotment letter only for one plot and that too was not as per my choice.It was alotted  site no.2,RR1 layout.when I called the executive,he was not available.I contacted with the customer care ccl.but they told me the other plot will be given later and i hav to contact the concerned executive and disconnected the phone. Later when I enquired in detail I came to know that the plot allotted to me was not near  Bangalore and not even in Karnataka state.It is in Andhrapradesh.Two times I have gone to BangaloreCCL office at Indiranagar to see the plot.But they refused to take me to the site.two times I went to Bangalore and wasnt able to see the site.I asked them to cancel my membership and give me back my money of Rs.1.45 lakhs.They said that it is not refundable.As Country club has not kept the promises, Im going to file a case against country club in the consumer court for cheating me and giving false commitment.Can I get a judgement in favour of me?Please help.There are hundreds of people like me became victims of this Country club.Please help.

Saurabh   07 September 2013 at 15:39

Notice pay recovery

Dear Sir,

I paid 30 days notice period to my previous employer, though they have deducted short notice recovery in my full and final settlement. As per the f&f statement, it is showing that i was confirmed employee and i was supposed to pay 60 days as notice period. but neither i got any intimation or letter of confirmation nor i was intimated regarding the same. because i never got any communication of confirmation, so i paid 30 days notice period, which was applicable to non - confirm employee.
Now my question is "can a employee get confirm without his knowledge or without any written acknowledgement. if not then what my further step should be?"

johnprakash   07 September 2013 at 13:49

Regarding termination before bond period..

hello sir,
i joined in one mnc bpo and i left that company after 2 days th me oneose days were training ...due to some reasons i came out without informing them ..after 10 days they sent me a letter u have to report within 24 hrs or otherwise u have to pay 50,000..i dint report after 10 days i got another letter that u r terminated but u hv pay 50,000 otherwise the company will take fnf policy on u...they told that u signed a bond of 6 months...actually they gave one book regarding rules of the company...and they said that book is the bond...what i have to do now...pls help me....whether i have to pay 50,000 ...pls tell me..is this bond is legal in india...

Ravikumar   06 September 2013 at 16:05

Can i get govt job?

i am 23 year old lives in karnataka, i had a case regarding election but that was counter we also complained and others also complained so it was a counter case but later on it was compromised by both in the court so i was one among them.
1)Can i Get Govt job?
2)if not what is the solution?
3)What will they do in police verification?


thanks for your information....!