Vinisha
29 July 2013 at 18:01
Hello Team,
I would like to know expert opinion about below situation. It seems to be really interesting and I've been raking my head with out any fruitful result.
A person was appointed as Business Relationship Manager by a firm in Nov 2012 for its Delhi Office. The person was the only employee for the Delhi location for more than 3 months as the company had opened its regional office and this person was first employee of the same. In Mar 2013 three more employee joined and in Apr 2013 Delhi team was awarded best performing team. In May 2013 this person was confirmed and on Jun 3, 2013, HR sends a mail to this person that he has been Non Performing and management offered him to be on notice period for two months and look for job. He was asked to submit all his assets i.e. laptop etc.
My friend did so however, by mistake he ended up deleting the data from his laptop. Now HR informed him that management has decide to terminate his services with effect 31 May 2013 since deleting the data was violation of the policy.
Now, my queries are listed below:-
1) Can an organization terminate the services with effect of some date prior to current date.
2) Is organization entitled to terminate the services with out any warning and with in fortnight of confirming the services.
Regards,
Vinisha
Arindam Banerjee
29 July 2013 at 17:38
I received an offer letter from a prospective employer, and accepted it one month back. I am expected to join next month.
Now I received another offer from a leading company. I wish do decline the first offer now, and go for the second.
What is the legal consequence, if I decline the first offer now?
jeevan
29 July 2013 at 14:41
Dear Sir,
I just want to know that, What is the time line for settelment of Full & Final Account of the employee, As one of my friend was working with the Pharma MNC, he has voluntarily resigned from the service of the Organisation, Its almost nine months to complete, but their is no signle reply from organisation for Full & Final settelement of A/C, after several rerquest mail has been posted , Ph calls has been done but all is in vain, kindly guide my friend to come out of this issue.
Milon Chatterjee
29 July 2013 at 11:29
Hi
I wish to do some consultancy assignments in my wife s name along with my current engagement in my spare time. Trading may be involved at a later stage not right away. Please guide me as to what kind of a company I need to form / operate under and what is the procedure , I am based out of Mumbai.
Regards
Milon
Nitin Panchal
29 July 2013 at 10:14
Dear sir,
I am working with a Consultancy Company and its registered office is in Pune. We have branches in different states. I am representing Gujarat.
Kindly confirm that whether We have to register our self under Bombay shops & estbl. act in Gujarat also.
We are already registered in Maharashtra....
our company is a limited company.
We have 7 employees in Gujarat officer
Member (Account Deleted)
28 July 2013 at 19:41
I am working as clerk in Archieves department Punjab from August 2008.My current pay scale is 10300-34000..My promotion is due.I have to change my post to Technical line and the pay scale of Technical line is lower than my current pay scale as the pay scale of clerks are revised but the scale of technical line are not revised. If I will get promotion , will my pay scale be decreased.PLS guide me and give me citation of Supreme Court or other court in this regard
CHINTANKUMAR BHARATKUMAR DESAI
28 July 2013 at 18:34
Dear Sir,
I am an ex-servicemen retired from the Indian Navy after completion of my initial engagement of 10 years (Non-Pensioner) on 30 April 2009. Post implementation of 6th Central Pay Commission with effect from 01 January 2006 and subsequent implementation of the Military Service Pay with effect from 01 September 2008; my pay scale included (Pay in pay band + Grade Pay + X-group Pay + Military Service Pay). Dearness Allowance being applied on the total of all the components. (Along with other allowances like HRA and transport allowances;) My Last Pay Drawn Certificate (LPDC) figured as following:
Basic Pay - 11480
Good Conduct Badge Pay - 160
X-group Pay - 1400
Grade Pay - 3400
Military Service Pay - 2000
Dearness Allowance - 4022
Note: Then rate of around 20 % D.A. applied on the total of all the components i.e. (Basic + Grade + GCB + X-group + Military Service) Pay
Subsequently, on retirement after completion of my initial engagement with the Indian Navy; I was re-employed with the State Bank of India (PSU) on 15 December 2010 in the clerical cadre.
Although, the Bank's rule book on staff matters clearly states that the pay fixation of an ex-servicemen on re-employment should be done in the manner, so as to protect the Pay + D.A of the ex-servicemen at the time of release from the armed forces; the authorities have considered Basic Pay, Grade Pay, Good Conduct Badge Pay and X-group Pay for the purpose of pay-fixation on re-employment in public sector banks; leaving out the MSP (Military Service Pay) arguing that the Military Service Pay was an in-service Pay and will not be considered for the pay fixation at the time of re-employment.
Sir, please note that the reckonable emoluments even for the pension; contains the component of MSP for the pensioners who are not in the active military service; then why it should not be considered for pay-fixation on re-employment for a non-pensioner ex-servicemen like me who has given 10 years of his prime youth for serving the nation's cause.
Would like to re-iterate again that my Last Pay Drawn Certificate contains the element of MSP and there was a D.A applied on the same showing that it was an integral part of Pay and should be protected while re-employment in the public sector banks.
Also note that the Govt.of India Gazette clearly states that the pay-scales of the military personnel includes Pay in pay band, Grade Pay, X-group pay and military service pay. If at all; the MSP is not considered for pay-fixation then how come the pay gets protected which is the premise of the pay fixation of an ex-servicemen on re-employment for his re-settlement.
Please guide and advise if I should take a legal course of action.
Attachments:
1.Govt.of India Gazette on implementation of 6th CPC showing pay scales of PBORs in X-group.
2.Dept.of Personnel & Training Office Memorandum no.3/19/2009 Estt.Pay II dated 08 Nov 2010.
Mr Amey
28 July 2013 at 12:19
I am in a big trouble with my company. I joined my company as a fresher last year in january. I have a good record in my company and i also got an increment in mid year. Last month i gave a resignation letter to my boss with a notice period of 25 days for joining another company. I served my notice period with the company till last day. But on last day while leaving this company i mailed all my personal details including my work reports on my pc to my personal mail. They found it out and took all my login details of my personal mail. They changed the password and told me that they will verify the files that i have mailed to my personal mail. I want to know that have i done a big mistake by mailing my own personal details on pc. What shall i do to get my relieving and experience letter ?
Nirmal Singh
27 July 2013 at 21:54
A Police Inspector( now Retd.on 30/9/2010) during his posting in service tempered with the Govt record and got passport for his son and for himself.when his son was deported from England on emergency certificate , then he again gave false affidavit to the food & supply deptt. Punjab that he does not have any previous ration card, the fact is that he posses one ration card and did not surrendered it while applying for new ration card at new place. He made tempering with ration card by deleting some name and adding another name.Later on complaint FIR u/s 420, 467,468,471,120 IPC was registered against him after his retirement on 29/4/12.challan has been presented and charges have been framed recently. can a departmental enquiry can be initiated against him , if yes then under what rule. Pl. quote Judgement etc. in this regard...
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Provident fund
Dear Seniors,
Please answer my query iam working as a hr executive in a organization reporting to asst manager hr but when he was left the authorized signatory for all pf related transactions given to me and iam signing all the claims and other pf realted but my question is our company not paying pf contributions nearly for one year and we got a notice for 7a enquiry if company is unable to pay who will be held for prosecution legally its me or gm or md if iam the responsible please give me an idea to skip from this problem. thanks in advance.