LCI Learning
Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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N.J. MISHRA   15 May 2013 at 14:39

Need assiatance

DEAR MEMBER KINDLY NEED YOUR KIND ASSISSTANCE;

RECENTLY OFFICIALS FROM PUNE DISTRICT SECURITY GUARD BOARD INSPECTED OUR COMPANY'S SISTER CONCERN WHICH IS AN EDUCATIONAL INSTITUTE PROVIDING TECHNICAL COURSES.

THEY AFTER INSPECTING SECURITY GUARDS WHICH WE HIRED FROM SECURITY AGENCY, INSTRUCTED INSTITUTE TO GET REGISTERED WITH THEM AS A PRINCIPAL EMPLOYER.

CAME TO KNOW FROM INTERNET THAT THIS FIRM IS GOVERNED BY "THE MAHARASHTRA PRIVATE SECURITY GUARDS (REGULATION OF EMPLOYMENT & WELFARE) ACT, 1981. AFTER GOING THROUGH THIS ACT CAME TO KNOW THAT THIS ACT IS NOT APPLICABLE TO EDUCATIONAL INSTITUTE IN Vidya Prasarak Mandal Vs. V.M. Shevade 1999 II CCR 6 (Bombay High Court)

I M TOTALLY IGNORANT ABOUT THIS LAW, MERELY READING THE ACT HAS NOT SOLVED MY DOUBTS AND HENCE NEEDED YOUR ASSISTNACE TO KNOW THE ACCURATE LEGAL IMPLICATIONS.

FAILED TO GET ENTIRE JUDGMENT MENTIONED ABOVE. PLEASE ADVICE WHETHER THIS ACT WILL BE APPLICABLE TO OUR INSTITUTE & ALSO PROVIDE RELEVENT JUDGMENT, IF ANY.



sanjeev kumar   15 May 2013 at 12:37

Clarification reg annual increment

D/Fellows,
Is annual increment granted to a govt servant during suspension period?
with regards
sanjeev kr

neha   15 May 2013 at 10:39

Termination

I get terminated from the company, on account of misbehaving. and now they are not paying me salary of the last working monthh. is there any law through which I can get my salary.

please do the needful

khokan majumdar   15 May 2013 at 05:18

Unfit for designated job

Respected sir,
In our company a few worker not doing designated job pretending disability for the
job as a cause of injury during work for which they have been referred to specialist pannel
doctor eg.ortho surgeon,treated & advised enough rest.further declared fit to join duty
by the same doctor.now the pretender should be asked to prove his disability vide doctors
certificate or not? pl.advice.
Regards
pranab majumdar

Nilanjan Bhattacharaya   14 May 2013 at 21:36

Performance linked incentive

I have been working in an organisation for last 3.5 years and my CTC component shows a significant amount set aside as PLI, Performance Linked Incentive.Based on the current year performance, both of individual as well as the organisation, the PLI disbursement percentage is decided and disbursed at the end of the year. Incase lesser amount disbursed in lieu of PLI erodes the CTC as promised.

Would like to know if this practise is legitimate since many organisations are following this process in reducing employee benefits and compensation.

Kindly Advice.

Rgds,

NB- Kolkata

Nilanjan Bhattacharaya   14 May 2013 at 21:32

Payment of gratuity

I have been working in a private company since 3.5 years and Gratuity is shown as a component of the CTC offered by my employer.
Though my employer does not deduct any amount from my monthly salary but the amount set aside as Gratuity is not paid annually.
Now if I am planning to leave my current organisation after serving 3.5 years, am I eligible for the amount that I have foregone in name of Gratuity along with relevant interest on the same amount?

Your expert advice is the need of the hour.

Rgds,

NB-Kolkata

Aftab4u   14 May 2013 at 21:28

Family pension

Deceased employee left behind a physically handicap son and family pension sanctioned to him . in the order it has given that the full pension is given till 2013 and after that half pension for life time. pls guide me as some one told that the PH Persons will get full family pension till life there will be no deduction of pension if any G.O is there pls help us out.

Ravindra Singh   14 May 2013 at 19:57

Gratuity claim

Hi,
I joined an export co. on 15th Jan.2000 and left the job on 22nd Feb. 2013 after service of 13 years and one month.
Co. paid me salary for the month of Feb., and notice salary.
I sent a request of gratuity disbursement and after reminders I was sent a cheque without giving the proper calculation details.
Again after reminders for the calculation I have not received any satisfactory reply so far.
I sent a letter with the calculation of right amount to be paid to me and requested for balance amount payment. I received a reply that whatever they have calculated is right and again they have not given any calculation.
The formula I used for the gratuity calculation is as under-
Last basic salary drawn x 15 x no. of years served
26
Earlier given cheque I have already deposited in my account. Can I go to court for the recovery of the balance amount? What will be the procedure?
Kindly advise.
Ravindra Singh

Ghouse Mohiddin   14 May 2013 at 15:33

Refusal of personal dept to enter higher qualification in service record

Sir,

One of my friends working in University has persuaded the higher studies from the same university under distance education scheme. but unfortunately not taken the permission from hiher authorities assuming that persuading the higher studied from the parental university will not required permission moreover it will not affect the work atmosphere.Now the personal dept of the university refusing to enter the higher qualification in Serive record stating that prior permission has not taken.Please help in this matter.

Regards

Ghouse
(mohiddinghouse@yahoo.co.in)

PRADEEP SHARMA   14 May 2013 at 13:07

Apprentices act, 1961

Dear Experts,

My apprentice has been complete according Apprentices Act, 1961 in a reputed organization .
now the same company has vacancy into same department.
But deny my application request, and they are recruiting fresh employees.

Please suggest, what I can do for this situation.