DKTAZILANOM9909
23 June 2013 at 21:42
We are working in a PSU. Our employer is deducting overtime hour in a week if we take earn leave or sick leave in another days of that week. Is it the right of our employer? If no, on what ground we can demand to stop deduction of that overtime hours.
Anup Kalarickal
23 June 2013 at 20:44
Dear Sir,
would like to have your guidance & help on the matter as mentioned below.
I got appointment with a company they have not given any offer letter however latter wanted me signed agreement which denied to sign and i worked for 12 days in total & they ask me to get relive from the job as i was not signing the agreement without any offer letter. they issued a cheque for the 12 day i have worked but latter on made stop payment without any proper reason and they have intimate me that they have made stop payment.
i waited for a week and intimated that i would deposit the cheque as am in need of fund and on depositing it got bounce.
And now they are not responding so please help me how to move a head on the matter.
Regards,
Anup
pharma professional
23 June 2013 at 19:04
Hi, till March end, I was heading business and operations of a limited company and have resigned which has been accepted by the management. As I left the company with dissent and the owner started harassing me. First he sent me a lawyer notice with many accusations and later filed a FIR with sections 405/406/420/120b . Out of which one of the allegations is that, contract labour contractor didnt pay the pf contribution properly during my tenure as head of business and for that he is making me responsible, accusing that I pocketed the part of pf contribution. Where as the system is that, Admin Manager, who used to report to me was responsible for day today affairs. He used to collect the attendance register, month end total bill used to submit and I used to endorse the bill and in turn bill used to get forwarded to finance department for the payment. Payment is always done either by crossed cheque/RTGS to the contractor(with valid labour licence & service tax registration in his firm`s name)and he inturn used to disperse the salaries to the labour and he used to remitt the pf on monthly basis and proof of remittance used to be submitted every month before next months payment. In this scenario, how can management hold me alone responsible for non payment of pf ? is complete system/management is not responsible if there is no proper payment of pf? how can the owner file a crimonal case against me? pls clarify.
PPBiswas
23 June 2013 at 17:41
My promotion was denied as I was marked "average" during 2006-7. Promotion criteria was two very good and three good. I had one very good and three good and one average. I applied to CAT, kolkata for redressal. Hon'ble judge at CAT asked whether there was a quota or not and said if there was no quota, then my appeal would be passed. But due to delaying tactics by my office, the previous judge retired before making another hearing within one and half years. New judges heard my appeal and said they would pass order in my favour, but after more than two months, they passed an order dismissing my appeal as an upgrade of average to good would be insufficient for me to get a promotion. My questions are:
1.What is the statutory time limit for me to appeal to high court, if any, and from which date it is calculated- from date of issuing certified copy(order is not available in website) or from date of issue of order?
2.Can I produce additional documents in my favour in high court or do I have to rely on the same set of documents as produced in CAT?
3.What is my prospect of winning this case?
4.Whether it is possible to file an appeal to Principal bench of CAT against this judgement of Calcutta Bench?
Please reply at the earliest
Nitin
22 June 2013 at 22:17
Dear Sirs,
I am working as a manager in Private Security Company. we generally took Labour License against unit where 20 or more person deployed. but now a days we come across situation where company asking for "Private Security Agency should be registered with Government under the contract Labour Act ( Regulation & Abolition ) 1970"
Can you please put light on this point.
Thanks,
Nitin
Rajarshi Pal Chaudhuri
22 June 2013 at 21:35
What is leave? A person on leave - will he be counted as absent? How is absent different from unauthorised absent?
Anonymous
21 June 2013 at 20:12
Hie.i am ca final appeared student.i have gt appointed by one ca firm for doing audit of his client.they have nt prvd me offer letter of job.i hv work for them 1 mnth. It was decided that salary would be paid by ca firm.bt after work they r nw saying that ur work was nt satisfying. And they wl nt pay.so wt action can i take against ca firm. Under whch act can i fight for my salary.
Raghu
21 June 2013 at 16:18
DEAR SIR,
CAN STATE GOVERNMENT EMPLOYEE CLAIM INTEREST ON DELAYED PAYMENT OF GRATUITY?
Tashi Norbu Basi
20 June 2013 at 21:55
Dear experts,
In my previous query, expert Shri Dhingra had asked for the contents of my termination order. Please find below,the said contents.
But first brief facts of my previous query:-
1. I was a govt. servant on probation
2. I was accused of murdering my wife and was arrested.
3. A few days after arrested, I received my suspension order.
4. While I was in judicial custody, I received show cause notice and sent a reply to the same.
5. The case against me was dismissed by the Court on technical grounds.
6. I tried to rejoin work and was then told that my service had been terminated.
I wish to challenge the order.
The termination order in brief reads:-
1. Whereas Shri Megh, Accounts Clerk of XYZ Department (who was on probation) is involved in ABC PS Criminal Case No.... dated ... u/s 302 IPC and is presently under judicial custody.
2. And whereas the Disciplinary Authority taking notice of the facts and circumstances of the above cited case served a show cause notice vide No.... dated .... asking him to show cause as to why he should not be summarily discharged from service in terms of Rule ... of the State Government Establishment Rules.
3. And whereas Shri Megh submitted his reply dated....
4. And whereas the statement submitted by Shri Megh in his cause are found incorrect by the competent authority.
5. And whereas after examination of all relevant material and the statement of Shri Megh the competent authority considers that the conduct of Shri Megh during his period of probation is such as to render him unsatisfactory for continuation in Government service.
6. Now, therefore, in exercise of the powers conferred by Rule ... of the State Government Establishment Rules, the competent authority hereby discharges the said Megh, Accounts Clerk under probation from service with immediate effect.
Thank you.
Yours sincerely, Megh
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Wrongful termination by the employer situated in gurgaon.
Hello sir /mam
I am working with It Company situated in GurGaon for last 2 years as a good performer.
Suddenly one day(31 May 2013) my hr manager called me and said that you are not performing well
and company is firing you on the basis of non Performance .During discussion company promises
me to give the full 2 months salary as a compensation as well my bonus (Rs 700 deducted every month) and variable amount (Rs 2500 deducted every month) and in return i was told not to come to office from the next day . My mail account has been blocked and company acces card has been blocked at that very instant.
due to blocking my company mail account i cannot be able to communicate with the company.
After 11Days(11 june 2013) of this discussion my company issued me relieving letter. but now they are refusing to give me the amount as they promise, they are saying that company will only pay amount for 11 days as part of the compensation.
I am become very tensed due to this decision of the company as i am financially very weak . its hard to survive for me without Money .Please help me what action can i take or what procedure should i follow as its only 24 days ago for this to happen.
Below is the mail dropped by hr.
Dear garv,
Â
As discussed with you today, we are not satisfied with your performance in your work, which is not as per our expectations for a developer with your level of experience. As a mutual understanding during the discussions 31st July 2013 would be your last working day with the organisation.