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ARUN KUMAR   11 June 2013 at 11:11

Non receipt of salary & field expenses

Sir/ Madam,

I have joined a company in december 2012, my employer has given me the salary for the months of december and january only and field expenses of dec and january13 after that till date i have not received any salary (4 months)and expenses(3 months). i have written many email regarding this to my managers with copies to "HR and DIRECTOR"of the company ,but no response from their end . i was interviewed and given appointment letter by the company. (neither i have resigned nor i have received any termination letter from company.)i am doing my work and sending reports as usual. kindly guide me how my funds could be released.


Regards.

N.J. MISHRA   11 June 2013 at 10:18

Insurance company denying to pay the cost

Dear Member please guide;

one of our employee suffered some psychological disorder; hence, admitted in the hospital. He due to nature of sickness damages hospital property worth Rs. 50,000/-. Now the Insurance company denying to pay the said amount and said that person will borne the cost himself inspite that we have explained to them that the such action arises in view of sickness and the person has not done this intentionally. What will be the legal implication if the Insurance company refused to pay the amount.

M. Ganesh   10 June 2013 at 23:23

Any person can file any case or not

Sir,

My son was appointed as a Clerk in a govt.aided college in 2007 after getting call from employment exchange but no advertisement was published in any news paper.Two persons filed a suit in court citing reason that they were not allowed to apply.The case is pending now. I am not fully aware of law but from various media I come to know that any one can file a PIL case. But in this matter this case is not PIL case. Kindly let me know the following query in this regard.

Is any person file a case (except PIL) who is not even an applicant to a service examination ?

Anxiously waiting for your valuable reply.

Yours faithfully,

M. GANESH.

Nishant Singh   10 June 2013 at 06:53

Employer reduced my basic and reduced the gratuity!!!

Dear Sir,

This is complaint you regarding the above company where I worked for around 6 six years.
I joined CSR Technology on 15th March 2007 and left on 2nd May 2013. At the time of Full and Final settlement they calculated my Gratuity on basis of current Basic which they changed to 30% of Monthly Gross which was always 50% of Total Monthly gross for the all 6 six years of my tenure there.
They said that the changed that as per a Excel sheet sent to me for changes and said that I selected option of 30%. But I clearly remember that I have always opted for 50% Basic option and Also they never bothered to confirm me that they are changing my Basic from 50 to 30%.

Because of this I am facing huge loss in Gratuity and want you take action against the company and help me in getting justice. I have mailed them so many times and asked them for the same but they said that they will not change it now.

Company Address is:
CSR Technology (India) private Limited
(Formerly Known as SiRF Technology India Private Limited,)
A1 – A Sector 16,
Noida -201301
Direct No : +91 120 4696165
Mobile No : +91 98450 67235

Mail addresses of concerned persons are who are in accounts in HR:
Srinnivasan G (SriniG)
Manager Accounting

HR Manager:

HR Executive:

Senior Manager, Accounting:

Thanks and Regards,
Nishant Singh
singh_n@rediffmail.com
Mb.:9873606663

anil verma (registeronlyfree)   09 June 2013 at 22:54

Reversal of own order of workman to nullify award holdiing 5 other medical represntatives as workm

Sir, one of my case relating to service matter has been re-remanded before Labour court to record a find on the issue decided earlier under the direction of Hon'ble High Court within 4 months. The time period has already expired on March 08, 2013 and the arguments on issue no-5 were concluded in last week of April and the award has been reserved for judgment. My apprehension is that the existing Presiding Officer, as I have come to know is finally getting retired in the coming month of June last and the Labour Court does not function in June month.
Prima-facie , the Presiding Officer is presently not interested in passing the order as he proceed on leave from 15 of May, 2013.
In my case only workman point as decided earlier has to be re- decided with findings and the rest of the award has been upheld by the Honorable Supreme Court too. My employer is notorious and would leave no stone untouched not to get the issue decided by this Presiding Officer and if it happens so the Labour Court after June, 2013 will become vacant and who so ever next comes whenever will certainly reopen the case and will then decide the matter afresh, thus depriving/leaving me without any monetary gain in terms of re-reinstatement or 17-B which has been denied in my case earlier.
If the Presiding Officer does not pass the order, what is the alternate remedy left with me to get my case decided before his retirement time?
If I file contempt application, will it serve any purpose? Or even then the High Court In summer is not functioning and the Presiding Officer get retired after 25 June, 2013?
Pl suggest me what to do and how to seek effective remedy so as to get the order passed whatsoever in nature whether in my favour or against as early as possible. More than 14 days have passed while order has been reserved.

The subject matter for remand before the Tribunal is whether the medical representatives are workman under section 2(s) read with section 6 (2) of the sales promotion employees conditions of services act, 1976.
As stated above my employer is notorious and leave no stone untouch to reverse the order after rejection of clarification application before the High Court followed by rejrction of SLP before the Hon’ble Supreme court during trial of remand issue.
My apprehension is can the presiding officer go beyond the term of remand order reversion his own judgement by not holding me as workman as held earlier though the same presiding officer during course of period has held 5 other medical representatives as workman and has given full relief?
If this happens so and reversal of order in any terms takes place what action I can take against the Presiding officer and where. He gets finally retired on 30 june.
One interesting issue is that the presiding officer had been abroad with his family during this period by taking leave and such type of foreign tours are the common tactics of pharma industry to lure doctors.
If reversal takes place I shall stand on the same place where I was standing in year 1996.
Apart from writ before hon’ble high court what other action I can take against the presiding officer. The amount of award stands about 1 crore as upheld by Hon’ble supreme court.

SRIDHAR N L   09 June 2013 at 17:07

Payment of gratuity act

An employee heading HR has by influence (Her husband being a LIC agent) has given fictitious amount i.e. entire salary i.e. irrespective of Basic salary and made the management to pay premium for the entire amount. As per the Payslip the salary paid is split up into Basic, HRA , Allowance etc. he salary is around Ra.35,000/- and Basic is Rs.9,000/- for more than a year before his resignation. From the LiC the amount was recieved for the full amount (as per the wrong calculation made). The company paid the Gratuity legally i.e. on the last drawn BASIC and calculated for her service and paid. At present she is suing the company for the entire amount which was given wrong and paid by LIC.

Can we say that the amount paid by LIC was wrong and the Gratuity paid as per law as per Payslip and her salary.

Sridhar N.L.
9551016279

Binod Kr.   09 June 2013 at 10:58

Approval of resignation from govt. job.

My friend is a VLW (Village Level Worker). He had resigned from the job a month ago. But he is still working. Can't we just stop working after giving resignation? What is the law? Please help! I also want to resign.

perminder singh   09 June 2013 at 09:05

Pay protection

Sir,
I was working in Indian Railway Medical Service(IRMS) since 2005( appointed through UPSC).I got Senior Time Scale in that service in 2009 and my pay band(15600-39100) + grade pay(5400) was hiked to same pay band + grade pay(6600). As my wife was already working in Punjab Civil Medical Services(PCMS) and my family was suffering due to our different cadres, after about 8 years of experience in that service, my technical resignation through proper channel for joining PCMS (through a Walk in Interview) was accepted wef 28/02/2013 with last basic pay of 28950+ NPA.I submitted my joining report in PCMS on 01/03/2013.But here my pay scale is as Pay band(15600-39100) + grade pay(5400)with basic pay of 21000+NPA. I wish to apply for pay protection in my present service.

Sir,How can i get my previous service regularized and pay protected?

if I get pay protection, how much time the increased pay will be given?

i request the experts to give their valuable opinion for which i will be thankful to them.

regards
Dr. Perminder Singh



Swetha   08 June 2013 at 23:01

Maternity law

Hi ,

I Am working in a Big IT firm since 2.5 yr on contract through Third Party company.

My Issues are

1.Third party company says that Women employee is elegible only for Basic pay and that is not paid during materntiy.

2. 3 months Maternity Pay is done only once the employee is joined and worked for next 3 months or else it is not even paid to them.

3. Till now third party has not cleared maternity policy even after continuous follow ups.

Please kindly help if u need more Info.

I'm Under big problem My delivery dates are near.

Regards
Swetha

Chetan Patil   08 June 2013 at 21:43

Reagarding wages

Dear Member

That in Maharashtra the Labour Dept published a list of 64 categories and revised the minimum wages on time to time on those categories

Dear memebr pls tell me that in that category the spinning mills run by the cooperative management is not mentioned so hos we can determined the wages of labour of that mills


kindly note that in that category one factory registered under factories act are made whether I can determined the wages as made for that category


pls clarify

thanking u

regards