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Himadri Shekhar Bhattacharjee   10 May 2013 at 17:27

Da rate for calculation of gratuity

Suppose, an employee is on suspension wef 12th Aug2010 till date and he gets compulsory retirement on 10.05.2013. Now, in calculation of his gratuity. Now, as per payment of gratuity act 1972, as amended till date, DA at what rate will be taken into account, rate prevailing as on 12-08-2010, ie on the date of suspension or as on 10-05-2013 ie the date of getting the CRS?

meenal   10 May 2013 at 17:21

Service regularisation

dear sir / madm
Kindly help me to guide if a person successfully completes his contract period in state goverment under taking company and on the time of regularisation company release a order to extend their contract period instead of regularising them. What they can do? According to company's recruitment advertisement they published that after completion of 2 years contract period sucessfully candidates would tend to regularise, but now they are not keeping thier words.
Please guide me what we have points to claim the company for regularising employees. I will wait for your good guidence as it is question of several lifes. thank you

anil verma (registeronlyfree)   10 May 2013 at 09:38

Remand for the second time on same issue

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.

abhijeet   09 May 2013 at 19:25

Gratuity eligibility

Hi, My date of Joining is 10th Oct 2008 and i am planning for resignation on 15th June 2013. Am i eligible for gratuity.

Durga chatterjee   09 May 2013 at 17:56

Payment of bonus denied by employer

Dear Sir,

When i was offered employment in my company with an offer letter, the Offer letter part where Salary offered has one of the sentence stating that "Performance pay (Based on exceeding KRA's)-Payable annually for the period of April 2012 to March 2013 on prorate basis upto 10% of CTC.
Above this sentence one more sentence is mentioned that is "Performance pay component will not be in effect till March 2013".

I have resigned from the company of 7th March and serving two month notice period but as the company wants me to extend my notice period for few more days i will be working till 21st May 2013.

I have joined the company on 11th June 2012 so 20 days short i have completed an year.

I would like your help on how can i claim my performance bonus from company and what should i do to get the same as it is a amount i cannot afford to loose.

Please Help

Durga Chatterjee

Saravana Kumar T   09 May 2013 at 12:27

Poultry farms & pollution control board

Dear Legal Experts,

I'm working as a HR Manager in a Poultry Indursty.

I need some clarifications about the Applicability of Poultry Farms as per Tamil Nadu Air (Prevention and Control of Pollution). Rules, 1983, and The Water (Prevention and Control of Pollution) Cess Act, 1977 and The Environment (Protection) Rules, 1986.

Also is there any guideline for poultry farming like Punjab & Hariyan, Orissa.

Please give your advise in this regards.

Thanks,
Saravana Kumar T

HAROON SHAIKH   09 May 2013 at 11:39

Minimum wage


i am working in a an light engg. industry

for the last 10 years.i have not paid wages

according to minimum wages act.

iam working as a clerk in this firm.

can i calim for the wages uner this act.

please give your legal opinion & advice.

h.h.shaikh

staffy kapoor   08 May 2013 at 21:28

Harasment from employer

.i was employee of rajasthan judiciary .while on job,they didn’t sanctioned any leave in case of sickness,and forced me to work long hours after office time and even on public holidays.they harassed me mentally.
i was stenographer


Also they never dictated any thing to me……and asked me to write down judgement in files.and intentionally harassed me.

I worked from morning 7am to 6pm in office even when office timings where from 7am to 12:30pm



They mentally harassed me due to which I suffered from high blood pressure,and backbone pain,due to which i took medical leave on advice of my doctor, and they opened inquiry intentionally and not sanctioned my medical leave and My magistrate gave me threatening that she is going to make problems in my pension and retirement if I m not going to work long hours. And she gave me too many notices.

She gave me order to come at her residence in public holidays for dictation,infact there was no file pending in judgement in order.both magistrates manipulated the judgements .

Many times I requested for transfer to DJ,but he never agreed and told me that he will not transfer me nor is going to retire me.but eventually he retired me.fax was received on 8th august 2012 for order of retirement under section 50(2) with pending inquiry.

Atlast on 5th july I gave my VRS application but,DJ gave me chargesheet under section 16cca dated 9th july which was served to me on 16-july 2012. in this inquiry when I demanded documents ,all documents were not provided even after 2mths of application. again I wrote an application on 1-10-2012,till now no documents are provided.my gratuity and pension and some of my bills are still due.



my pf money and my medical leave ,which was not sasnctioned money is still due.

RAJIV BHARDWAJ   08 May 2013 at 17:20

Salary from law firm

My wife is working in a Law Firm (Having 2 Partner), since 2010, as a Secratory to Partner, getting a salary of Rs. 28,000/- P.M.. She has resigned from the post on 1/5/2013, she has given a 1 Month notice.

Please note that her salary for the month of March-2013, Apr.-2013, till date, are still un-paid.

Suddenly today, on 8/5/2013, one of the partner, whom she is reporting, told her on telephone that they are dissolving there Partnership and they will not pay the salary to any employee until there accounts will resolve i.e. the partnership dissolution completed.

kindly suggest now where we stand and under wihich law she can claim her legal dues.

The firm has only 4 employees i.e. 1 Secratory, 1 typist, 1 Court Clear & 1 Peon.

Pl. also note that all the employees we never get there salary on time.

Kindly suggest.