Rajeev M
06 June 2013 at 13:49
My wife have taken 3 month leaves(paid from my leave account) after conceived(from may-2012) and resume duties in august-2012 and continue worked till nov-2012.Further I went for my maternity leaves 4 weeks prior to my due date(from dec-2012),company has granted me 84 days paid leaves.
Due to complicay dcotor has adviced me take rest for 3 months from my delivery date(02 jan-2013) adn company accepted the same. but after 3 month doctor again adviced me to take rest for next 3 months.I aske the company to extend it up to july 1st week 2013 but they refused & asked me to join on or before 10 jun 2013,
Otherwise it will be considered as Voluntary Abadonment of services from my side and compay will take necessary action.
I have few quries:
1) Can it is considered as Voluntary abadonment (as i Informed continuosly through email and recive there replies also)and this is as per which act.
2) Can company terminate me even I have produced the medical certificate.
3) I had completed 5 years of service in may 2012,can they hold my gratuity based on this.
4) I am not giving resignation,can they asked me for force resignation and bound me to serve notice period.
I am not in position to join before fisrt week of july.
Please help me legally to get out of this situation.
Regards
Rajeev M
9868440377
SIA...............
06 June 2013 at 12:02
Hi Sir ,
please hlp , how will be gratuity calculated .
1) AS PER LAST SALARY DRAWN or
2) ONLY ON BASIC AS DA IS NOT MENTION in SALARY SLIP .
Also note basic salary should be how much of percentage compared to gross .
As in my case its only 30 % of gross .
Thank You.
jacob
05 June 2013 at 21:38
Dear experts
Is it advisable to give a letter of engagement to trainees (engineering graduates Btech/ MCA)taken on 3 months training with stipend at a software company?
Also is it advisable to give experience letter to trainees on being relived/or training being terminated by the employer (on humanitarian grounds).
When will Apprenticeship Act applicable. Is it applicable to trainees taken by a software company by its own not under Apprenticeship Contract?
Member (Account Deleted)
05 June 2013 at 14:53
What is the minimum notice period for resignation for central govt employee on probation?
If i have to give one month notice before resigning and i actually give 15days notice does my office demand 15days salary back from me. if so does this salary deduction is from gross salary or basic salary. please advise.
Dipak
04 June 2013 at 13:52
I, Dipak P Mehta, Dismiss from Assistant, at Principal Civil Judge & JMFC Civil Court Waghodia, Vadodara
The Hon’ble Chief Judicial Magistrate had declared Order on 13.1.1999 by giving be Clean Acquittal. (The Lower Court trial was taken 10 years i.e. very very sufficient time.) (Not given any benefit of doubt) Against the Acquittal Order dated 13.1.1999, the Department had filed an Appeal before the Hon’ble High Court of Gujarat & the Hon’ble Gujarat High Court had also confirmed the Lower Court Order on dated 30.10.2009.(The Hon’ble High Court had also taken almost 10 Years)
- After the 12 years (i.e. from 1989 to 2001) the Departmental Enquiry held against me for the same offence with the same witnesses in which they had given the statement on oath before the Hon’ble Chief Judicial Magistrate, in Criminal Cases, accept the Finger Print Expert, The Enquiry Officer had not taken Finger Print Expert, in witness list, Why ? The Main witness was Finger Print Expert and the Enquiry Officer deliberately not taken in witness list because in the Statement before the Hon’ble Chief Judicial Magistrate he had submitted report which was not in my favour nor in my against without giving any clarification/reasons at the time of trial.
The Departmental Enquiry proceedings completed on 24.11.2010 (it’s had also taken 9 years) the Hon’ble Principal District Judge had given punishment by stopping 3 future increments with future effect and reinstated me in service on the same post as Assistant, though I had again confirming that I am totally innocent and I had nothing done any misconduct and negligence with my job. this order is passed on 24/11/2010, i.e. (From 1989 to 2010 i.e. 21 years) This 21 years I already punished by facing the suspension period and it was very hard for me and my family to overcome this period by mentally and economically, 21 years is very very long period of punishment,
- In which two Criminal Cases the charges are framed against me, are Prohibition Cases & in the Lower Court the 2 cases of Accused do also not know me as they had given the statement on oath before the Hon’ble Chief Judicial Magistrate at the time of trial.
- The Main witness was Finger Print Expert, submitted report and given the statement was also not in my against nor in my favour, he had not given any clarification/reasons at the time of trial.
- The witness Shardaben Rana also given the statement on oath before the Lower Court that the above 2 cases are not in my possession and also not knowing that whose handwriting are there…
- The witness peon Kadam had also given the statement on oath before the lower court as well as before the enquiry officer that the above 2 cases are not in my possession.
The Hon’ble Chief Judicial Magistrate had declared Order on 13.1.1999 by giving be Clean Acquittal. (The Lower Court trial was taken 10 years i.e. very very sufficient time.) (Not given any benefit of doubt) Against the Acquittal Order dated 13.1.1999, the Department had filed an Appeal before the Hon’ble High Court of Gujarat & the Hon’ble Gujarat High Court had also confirmed the Lower Court Order on dated 30.10.2009.(The Hon’ble High Court had also taken almost 10 Years)
After the 12 years (i.e. from 1989 to 2001) the Departmental Enquiry held against me for the same offence with the same witnesses in which they had given the statement on oath before the Hon’ble Chief Judicial Magistrate, in Criminal Cases, accept the Finger Print Expert, because the Main witness was Finger Print Expert and in Departmental Enquiry Enquiry Officer had not taken in witness list.
If the witnesses are given wrong statement before the Hon’ble Court on oath, there is no action against the witnesses
The Departmental Enquiry proceedings completed on 24.11.2010 (it’s had also taken 9 years) the Hon’ble Principal District Judge had given punishment by stopping 3 future increments with future effect and reinstated me in service on the same post as Assistant, though I had again confirming that I am totally innocent and I had nothing done any misconduct and negligence with my job. this order is passed on 24/11/2010, i.e. (From 1989 to 2010 i.e. 21 years) This 21 years I already punished by facing the suspension period and it was very hard for me and my family to overcome this period by mentally and economically, 21 years is very very long period of punishment, in this time of suspension period my father died due to lack of medicine expenses because I got only 75% Salary during the period and in this very small Salary I cannot effort the expensive medicine and hospital charges. At that time my wife was doing job as a cook in various houses, and trying to manage my family in crucial time, it was very difficult to maintain house expenses, education expenses, medical expenses…. Etc.
By the Grace of God, the Hon’ble Principal District Judge, Vadodara came in our life as “God” and he had reinstated me in service and in Page No. 9 of the Order dated 24/11/2010 the Hon’ble Principal District Judge quoted that “considering the family circumstances of the delinquent I am in view that penalty of dismissal from service would be very harsh and not just and proper and that, it would be amount to economical death to delinquent himself and his family members”.
But my punishment is not over, The Hon’ble Gujarat High Court had filed Suo Motu Review against the Order dated 24.11.2010 passed by the Hon’ble District Judge Vadodara.
On 20-04-2013 the personal hearing was fixed before your Hon’ble Justice & your Honourable had issued the order of dismiss me from my job.
I had also requested in my mercy submission to your Hon’ble Justice that before passing the order please may be taken on record and consider the Last Two Years Confidential Report which was filling up by Hon’ble Principal Civil Judge & JMFC Civil Court, Waghodia, Dist Baroda, were I am doing my duty .I had done my duty very sincerely. No Sessions Commit was pending, nor was any Gujarat High Court Writ pending for Certified during my period. Every Second & Fourth Saturday, along with other holidays I am going to Waghodia for clearing pending work. If you want to know about my work, also please check from my former Principal Civil Judge and JMFC, Waghodia & Additional Principal Judge & JMFC, also from Waghodia Advocate Bar.
I had filed writ petition against the Suo Motu Appeal Order in Gujarat High Court. Please advice me and if any judgements related to my case please forward me the citation of the same.
DEEP NARAIN
04 June 2013 at 13:30
Dear Sir,
I am working with a publication house and my employer hold my 5 months salaries. He is releasing one month salary after 40-45 days. So i am depressed please suggest what i do. He is continue hold our company staff salaries.
Padam Bharati
03 June 2013 at 18:19
Sirs,
The following are the matters to deal with:
1. EL is to be sanctioned for 1/6/98 - 30/11/98 applied with medical documents on 3 occasions (between June-November, 1998). Despite several inquiries, I had not known the reason for its grant being kept pending for almost 15 years. Only in March, 2013, I came to know from one Office staff that in November 1998, a letter, which did not reach me, had been issued asking me to make certain date clarification. I have made the clarification in March 2013.
2. I had overstayed leave from 1/12/98 to 1/8/2000 on medical ground. I had intimated the overstay timely and repeatedly. I had requested to allow submission of medical documents (MDs) after joining which had not been objected or questioned by the Office. Subsequently, the Office instructed me to submit the MDs in 2003 (during the period I was waiting for permission to resume duties). I had immediately complied and had submitted the MDs. The MDs have not been objected or questioned during the last 10 years after submission.
The overstay has to be regularized with admissible leaves like LND and EOL without salary but with all other consequential benefits on medical ground.
3. On 2/8/2000, I had availed myself to the Office with the petition requesting for permission to resume duties as per West Bengal Service Rules Rule 221 (33). I got the permission on 14/8/2006 and on the same day have resumed Office. Thus, I have been kept from resuming duties for over 6 years during which I was always available. This period is to be treated 'on duty'.
4. On 7/8/07, I have applied for consideration of my promotion to the next higher post which have become vacant after retirement of the then incumbent. I am the most qualified and senior candidate for this promotion.
5. I am retiring on 30/6/2013.
Immediate steps required to obtain justice on the above inordinately pending matters with consequential benefits and claim of interest on all the dues to offset irreparable damages and sufferings: financial, mental, familial and social.
I would request for your quick comments and suggestions on the above as I am on the verge of retirement.
Regards
Bharati
balwinder kumar
03 June 2013 at 09:46
is it possible to prepone a hearing of srvice matter in summer vacations
SRIDHAR N L
02 June 2013 at 20:24
An employee is frequently absenting without any authorisation of leave. He was also earlier given show cause notices around three times. Every time he gives a reply that he will not take leave and would not repeat frequent absenteeism.
Now since he is absent for more than 20 days he is suspended pending enquiry. He was called for enquiry. But he did not come. We have CITU union. Instead he brings a leader of PMK and through him he uses influence and request for again taking him for employment. In this situation can i conduct the enquiry and terminate him based on the facts and figures available. If he comes with the influence of an unregistered political influence with us, what to do.
regards,
Sridhar N.L.
9551016279
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Nagar plaika parishad act on hssc school priniciple
I am from Madhya Pradesh and here one case is ,going on , in which I need your suggestion and guideline.
District Nagar Parishd run the HSSC school and result of school is not good for which they(Parishad) are saying that Principle of the School is responsible , Principle have his own probs that school does not have enough teachers and staff since 10-12 years and few more and Principle is keep asking for the new teachers in written but no response from Nagar Palika... in first look Principle looks correct...
Now some of the Parishad member have passed the Prastav to suspend or remove the principle from his post due to bad result of 10th and 12th and some other senior lecture to assign the Job of priniciple...that prastav is passed and now its in hand of CMO (Chief Munciple Officer)
Now I want to know as per act -
1. Can Nagar Parishad and ward member can bring this type of Prastav against the Principle ?
2. Is CMO or Parishad have power to suspend or replace the Principle of school
3. if Parishd can not bring/pass this kind of prastav then what can be the legal action against them ?
4. what option principle have to save his dignity and post ?