Himadri Shekhar Bhattacharjee
26 August 2013 at 15:03
Sir, my friend was suspended and then after an enquiry removed from service. No, pension,gratuity and leave encashment were paid leaving him in dire straits after 28 years of service. I would like to keep aside whether he has done anything wrong or not, since, it would be the subject matter of the honourable court to decide, since, the verdict and enquiry were full of errors.But, I would like to know from experts like you, that, whether withholding of retirement benefits like pension, gratuity etc, after 28 years of service can be made and does it not tantamount to denial of sustenance from a family and natural justice? what remedy is available against this from the honourable court?
Regards
M N Rajan
26 August 2013 at 11:55
Dear sir
During the year 11 12 Supreme Court gave a judgment in connection with Gujarat High Court appeal that the basic wages include all allowances.
on the other hand EPF Act Define Basic Wages is equal to Pay and DA.
Now the EPF Officials insist us to contribute for the allowances from 2011 12 on wards.
My Query is,
Mere Judgement changes the Act?
No prior intimation or notification in this regard have not served by the EPF office
How Can Face this situation?
your instant reply may be the solution sir
Thanking you
M N Rajan
26 August 2013 at 10:05
Dear sir
During the year 11 12 Supreme Court gave a judgement in connection with Gujarat High Court appeal that the basic wages include all allowances.
on the other hand EPF Act Define Basic Wages is equal to Pay and DA.
Now the EPF Officials insist us to contribute for the allowances from 2011 12 on wards.
My Query is,
Mere Judgement changes the Act?
No prior intimation or notification in this regard have not served by the EPF office
How Can Face this situation?
your instant reply may be the solution sir
Thanking you
sandeep
25 August 2013 at 01:04
Dear Experts and Friends,
I request you to kindly advise me on the below issue -
I am working with a PSU Bank as an Officer. I have not being paid 8 days salary on account of so called unauthorized leaves, when in fact I have duly submitted my sickness certificate to the branch manager. I am also not being paid other benefits like conveyance allowance, TA/DA etc, which are paid outside the salary as reimbursements, from last month itself.
The reason for this is my refusal to do something as desired by my senior after which 2 explanations were called from me in the gap of 5 days. One for so called unauthorized leave and one for failing to control the affairs of my dept.
I have replied to both. Despite submitting the sickness certificate, so called unauthorized leaves are not regularized and salary for 8 days is not paid. After this payment of conveyance allowance, TA/DA etc was also stopped
Kindly advise legal recourse available to me as bank employees are not covered under payment of wages act 1936. Can I approach labor commissioner? If not, then which court I need to approach for fast hearing
Dipak
24 August 2013 at 14:54
Dear sir,
Can employee working less than 240 days in orgination entitle to leave encasement on his/her resigantion ? what will be if he is terminated before compleation of 240days? what is excate law regarding leave and leaveencashment?
payal
24 August 2013 at 14:26
Ours is a hospital ( in Rajasthan) with more than 100 doctors and administrative staff exceeding 100. Are we supposed to have standing orders in our organisation?
Further in case if we dont have standing orders of our own, are the model standing orders applicable on us and what is the scope of enforcement ?
payal
24 August 2013 at 14:20
One of our employee wants to leave the job. He has been with us for 2 months now and is in probation period. I have following questions to ask:
1. Under his offer letter he is supposed to provide notice for 1 month while in appointment letter it is 2 months. Which one would apply in such a situation? (Employee is arguing that since he joined the job on the basis of terms and considerations mentioned in offer letter he would serve the notice for 1 month.)
2. In his offer letter a clause is mentioned as per which "he commits to work with us for a period of 2 years" but the same is not there in his appointment letter. Since no training was given to him, he says that he cannot be bound to stay back. Does this bond period has any validity? ( it is given in his offer letter that if he leaves the company before the stipulated period , the monthly deductions from his salary would not be given to him He agrees to this and says he does not want this amount.)
3. He is stating that he has got admission in some prestigious college and can not continue working with but he is not presenting any admission slips. can we force him to present his admission slips?
4. Company doesnt want to relieve him what can we do in such case?
Thanks in advance.
AKR
24 August 2013 at 11:11
I had been working for Indian Oil Corpn Ltd. As I was also preparing for civil services I took UNAUTHORISED LEAVE. After 5 months company charge sheeted me for unauthorised absence, proceeded with enquiry and finally decided "Removal from Service".
Its ok with me as I myself wanted to leave the organisation but only handled my resignation once the chargesheet was issued.
What I want to ask is that this DISCIPLINARY ACTION and the DECISION is any way going to hamper my prospects for joining Civil Services.
Kindly Help
sajjan gupta
24 August 2013 at 07:33
if a labour died of accident at principal employer by contractor in 2005 at age 19 what may be the minimum comensation can be given.
kins of labour filed suit against contractor and principal in 2006 but notice from commisioner came in 2013 march demanding rs 3.27 lacs with interest.
please advise
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
How to bifurcate salary in different components
Dear All,
On what basis salary component would be bifurcated into different components.
Regards
Bhaskara rao