prashant1314
13 August 2013 at 09:34
Dear Experts,
Wish you very happy Good Morning.....!!!
What are the circumstances in which employer can forfeit Leave Encashment + Employer's PF Share of employee.
Can employer can incorporate such clause in Service Rules or Certified Standing Orders of establishment ?
Thanks in anticipation.
naresh
12 August 2013 at 21:23
I have asked the co for waiver of bond.I got following reply from co:-
This is to inform you that in lieu of Indemnity and Surety Bond executed by yourself, the
company reserves its right to pay you salary for 20 days during which you have served the
company.
What does this means?Are they waiving off my bond and agree to give me salary for period served.
vishal
12 August 2013 at 20:41
I have asked the co for waiver of bond.I got following reply from co:-
This is to inform you that in lieu of Indemnity and Surety Bond executed by yourself, the
company reserves its right to pay you salary for 20 days during which you have served the
company.
What does this means?Are they waiving off my bond and agree to give me salary for period served.
skg
12 August 2013 at 13:20
Dear Experts
In a labour case it has been established that the termination letter of a workman was manufactured and prepared with back date of temination since no postal receipts were placed on record despite admission of HR Manager in his cross examination that termination letter of that date was sent to him.
While award with 25% of backwages for 5 year of litigation only as compensation was passed in favour of workman but no punishment under creating false evidences and producing them in Labour Court was given to HR Manager or management under IPC's relevant sections of chapter XI .e. section 191 onwards.
My question to experts is whether now workman can sue the HR Manager or Managing Director of company now for fabricating false evidences to win their case now?
Please tell what procedure and where to file another case to teach them a lesson?
rgds
skg
Soumya
12 August 2013 at 13:17
Sir/Madam,
I worked in a private software company for 6.3 years from 2nd Feb 2007 to April 31st 2013. In between I have been on maternity leave which I asked from july 1st 2011 to Jan 2012. They agreed for it and said only 2 months of maternity leave with pay they will provide, rest will be loss of pay.In middle of leave they also took conformation from me that i will be back on jan 2nd 2012. then I joined back on same date and continued till april 2013. Now when i ask my gratuity my company COO say in one of her sms to me "your employment of 5 years has broken as your maternity leave was 2 months that we paid and after that we discotinued as your joining date was not sure and we list AP position that you were working on. so gratuity may not be applicable".
AP was our client n i worked for their project.
wanted to know about my gratuity applicable as she is delaying on name on law, please help
rajasekaran.m
12 August 2013 at 13:04
I was dismissed from service from a cenrtal autonomous body by fabricating a charge sheet.The enquiry had lot of defects and not conducted as per rules of the govt.
However,when I challenged in the High Court Chennai,I could not win it.
Again when I approached through RTI Act,with an intention to get additional documents and information from the autonomous body and file the case in the Supreme Court,they did notrespond.
As a result now the time to file the appeal to the Supreme Court is over.
Also,in my case discrimination and violation of fundamental rights is there.
I am a poor man,cannot afford to meet the expenses to file the case.Even the Supreme Court Legal services Coomittee is not readily helping us.
What I can do now?
Can you help me?
RAJASEKARAN.M
Himadri Shekhar Bhattacharjee
12 August 2013 at 10:52
Sir,
My friend was a manager of a nationalized bank which was a small two man branch. The computer operator of that branch hacked my friend's passwords and did certain irregularities with that password. Then he admitted his guilt and deposited a sum of Rs 400000 in cash and he mentioned there, that, he did those on guidance from my friend who was the manager. But that was wrong, on no occassion he shared his passwords with him. Then after a month from that date, that, computer operator died of heart attack. Now, after a sham departmental enquiry, my friend was removed from service, as the disciplinary authority noted that, 'due to the irregularities of him bank and government funds were put to jeopardy'. No, retirement benefits were given. Now, he submitte an appeal to departmental appelate authority. Now, can he go for a writ from honourable high court seeking setting aside of that order? when can he give the writ petition? how long court will take to resolve it and is there any provision for any interim relief till the final verdict.
Regards.
DKTAZILANOM9909
11 August 2013 at 21:38
One of my friends joined a Central Public Sector Understanding (PSU) in the 2010. During his joining time he submitted his Matriculation Certificate as his age proof where his date of birth was mentioned as 08.06.1982. Later he found that his date of birth in his Birth Certificate obtained from Govt Hospital was 08.09.1983. As per certified standing order of the PSU an employee can submit either Matriculation Certificate or Birth Certificate as proof of his age. If my friend would submit the Birth Certificate as age proof he could do more years of service in the PSU as he could retire latter.
My question is whether my friend can apply now to the PSU to change his date of birth on the basis of Birth Certificate obtained from Govt. Hospital. If yes, how?
kaneez Fathima
11 August 2013 at 02:40
Iam working at EFL University as a Library Assistant. I have got PhD seat in the same university. i have been place on two years of probation and there are nearly 25 days left to complete probation period. Am i eligible for EOL of one year for study purpose. Please reply urgently.
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Supervisor - workman - contract labour act....?
Respected Experts,
Incase a contractor appoints a supervisor against a job contract/labour contract then should his name be included in muster roll and wage register as per CL(R&A.) act. Because a supervisor is not a workman as per the definition of workman under the said act. Need Urgent suggestion please.