NITINPVYAS
10 August 2013 at 16:44
Disciplinary authority passed order in May 1999. I filed appeal against the order in June 1999. There were two cases by CBI in which I am acquitted in year 2000 & 2008. Promotions allowed after last judgement in 2008 of CBI case. However the appeal filed in 1999 June is not decided by my bank. i reminded severally to bank to decide the appeal. I retired in August, 2012.
After retirement what are the implications of above facts if I file a petition against bank?
kiran
09 August 2013 at 22:08
Whether a direct recruitee appointed under new rules can be discharged from service (or reverted to his earlier post) on the ground that the vacancy to which he was appointed arose under old rules, that too by retaining his junior recruitees who were appointed under the very same new rules citing the reason that the vacancies to which the juniors were appointed arose after the new rules came into force.
Since from the beginning of recruitment process, there was no bifurcation of old or new vacancies.
It was only after the Court in a WP (to which i'm not a party and my recruitment is not questioned in this WP or anywhere else) directed to redo the promotions which were impugned therein (not direct recruitments) as per the old and new vacancies, the State has taken this action of discharging/reverting a direct recruitee who has been appointed to the old vacancy under new rules, that too by retaining his juniors.
Is this action of the state is proper?
what are the case laws in support of my case.
Now, I have challenged the same in WP and obtained stay of the order of reversion/relegation to my earlier post?
Kindly suggest me with case laws.
PRADEEP SAMANT
09 August 2013 at 20:52
1. Can a undertrial who has not been convicted enrolled as an Advocate.
2. Can an Director, resign as Managing Dirctor ,remain as non executive director and enroll as an Advocate ?
3. Why does the Bar Association take an affadavit for not being charged ,when the same is not a requirement of Section 24 of Advocate Act
k v subrahmanyam
09 August 2013 at 15:53
Dear Sir,
I have filed a case in labour court on my company management and got the judgment on my favor in last year. The company closed the shutters and left to USA.
The orders and show cause notice were served through email to the directors of the company through Assistant Commissioner of Labour – III email id ( earlier the company directors responded for the labour court notices through email only as RPAD was returned un-served ).
One of the director responded through email from the company official ID below:
To the Honorable Assistant Commissioner of Labour -
Circle / Ward III, Hyderabad AP
Dear Sir,
We will respond to this E-Mail Notification in writing either as a response back to this email that we received or as Registered Delivery to your offices.
However, since I am on travel currently and especially as we do not live in India, please grant us permission to submit our response to the show cause notice before the 15th of November 2012 (30 days from the date of receipt of this notification).
*****
Till then the company not responded further and the labour court filed a case at “ Additional Chief Metropolitan Magistrate, Nampally” for further recovery of unpaid wages.
Last month Metropolitan Magistrate ordered for issue of Summons to the Directors of the company. The summons were sent through RPAD and returned un-served. Again Magistrate ordered for fresh summons in this month.
The summons/Notices were sent through RPAD to their permanent address in Hyderabad ( As per the address in their Pass-port )
The first and second summons were also sent through email from “ Assistant commissioner of Labour – III” email id and got served to their respective official and personnel email id’s ( Not bounced ).
My question is whether Metropolitan Magistrate will accept the Legality of the email served by the Assistant commissioner of Labour – III., if not accepted by the Metropolitan court , how the summons to be served who are living in abroad.
Please guide me regarding as my case was posted to 23rd of this month
Subrahmanyam Kavula
Sri T.S.Raghunath
09 August 2013 at 13:13
One of the subordinate staff, on suspension resorted to humiliate Central Govt officer by writing scurrilous wordings and invaded private life of the Officer. Shall the Central Govt. Officer shall sue the subordinate staff in a court of Law and seek damages for defamation. Is permission necessary from Govt. for seeking legal remedy and issuing Adovacate's notice to the said subordinate staff?
AAVADHOOT. D
08 August 2013 at 22:20
Dear Sirs,
Person 'A' working as Med.Rep.(nomenclature BDM, in Mumbai based Co.for last 8 years, in another state.Salary for June onwards not paid.Expenses which are claimed at the end of month paid with following month' salary are not paid,in spite of 15 reminders till date.All reports etc. are submitted on web reporting system. This is locked now since yesterday. Management wanted 'A' to submit Doctor's and Chemist' List. the same is submitted. They had informed that the dues will be paid after receipt of the details sought for(as Above). 'A' submitted hand written details.Now the management wants it in electronic form. They are finding one or the other reason to postpone and harass. They had not dispatched goods when ordered to pull down his performance, to show he is not up to the targets.
=The Mgmt wants the employee to work in another district where room rent is exorbitantly high than the allowances paid by Mgmt.
Person 'A' an employee/sales person has complained this to Asst.Labour Comm.@ Maharashtra and the state of his service. He has in his last i.e. 15th reminder informed Mgmt to pay it in next 7 days else he 'll be forced to approach appropriate authorities. (a sort of Notice). In these circumstances what remedies the employee has, to get the dues and get rid of harassment and victimization. kindly inform at the earliest.I 'll be obliged.
skg
08 August 2013 at 19:59
Dear experts,
An illegally terminated workman seeking reinstatement with full backwages got an award in his favour but of only 18 month salary after a litigation of 5 years as compensation only despite all the issues were passed in his favour.
He wants to challenge that i.e. he needs reinstatement and full backwages by stating that learned judge was wrong in his judgment where he passed the judgement of compensation on only one ground i.e. "prolonged litigation of 5 year" whereas workman was not responsible for judicial process which usually takes minimum 4 to 5 years in labour cases.
The workman have also came to know from his old working colleagues that management is also in process of challenging the award.
My question to experts is
1) who can file the challenge first i.e. workman or management and
2) If workman file it secondly will he lose his claim of reinstatement with full backwages and
3)where to file i.e. whether in Industrial Tribunal first or directly in HIgh Court and
4) what is the time limit to file the challenge?
rgds
skg
Himadri Shekhar Bhattacharjee
08 August 2013 at 13:46
Sir, I would like to ask do courts grant immediate relief or stay to the order against which writ is sought,as soon as the writ petition is admitted or it is done after the final verdict?
Himadri Shekhar Bhattacharjee
08 August 2013 at 12:29
How long it takes for courts to dispose off/give verdict in a writ petition and what is the complete expenses involved from preparation and filing of writ till the coming out of the verdict.
Regards.
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Labour law
WE HAD PAID DA AS FOR PERIOD 2012-13 AS Rs.1920 BUT AS PER KARNATAKA MINIMUM WAGE NOTIFICATION DA IS RS.816. FOR THE PERIOD 2013-14 THE KARNATAKA MINIMUM WAGE NOTIFICATION DA IS Rs.1358
THE QUERY IS THAT
1.CAN WE BRING DOWN THE MINIMUM WAGES DA AS PER THE PRESENT NOTIFICATION
2. SINCE WE ARE PAYING ABOVE MINIMUM WAGES RATE THE DIFFERENCE (1358-816=542)HIKE IS IT MANDATORY TO BE PAID WITH THE PRESENT DA i,e (1920+542)
KINDLY REFER US ANY JUDGMENTS ON THE ABOVE ISSUE