khokan majumdar
25 April 2013 at 21:52
Respected sir,
one production worker got his right foot 2/3
amputed because of disease hence his job is
hard so referred for civil surgeon's opinion.
civil surgeon declared him fit with a remarks
of rt.foot amputed.now management wants him to leave the job with some compensation on
welfare ground as his physical deformity is
not attributed to company job.how far this act of termination is legally justified? pl.
advice.
Regards
khokan majumdar
venkatadri
25 April 2013 at 19:20
Dear Sirs,
I am told the Evidence Act is not Applicable in Labour Courts.
Th gentleman who opined this has said that as per the following Supreme Court Judgements he is right.
1. LLJ 1973 Vol-2 page 136
2. LLJ 1979 Vol-2 page 194/207
Damodar Valley Corp Vs Workmen
Shankar Chakravarthi vs Britannia Biscuits
Please confirm the above and oblige.
Regards,
Tina.
honey
25 April 2013 at 19:09
Dear sir/Madam
i am invoved in a case since 2011.Now the Hon'ble court has passed a order i.e,
" O R D E R
15.04.2013
1. This writ petition was admitted for hearing on 15.12.2011.
2. It is not possible to hear final arguments of regular matters
in the Admission Board considering that presently regular matters of the
years 1997-98 are going on and this is a writ petition of the year 2011.
In service matters issues are similar either of seniority/promotion or
monetary emoluments or disciplinary proceedings and the like. There is
no reason why people who have been silently waiting for their turn in
queue for years together should not be heard in their turn and later cases be given preference.
3. List in due course in the category of ?Regular Matters? as
per the year of its seniority."
Now I have a question towards this order
1).How much time it will take to final judgement??
2).Is there any other way to speed up this matter?
please provide me your expert comments on this matter.
Thanks & Regards
Honey
ramesh
25 April 2013 at 16:52
sir,
at the time of joining a contract company i had submitted my original mark sheets of 10th, diploma mark sheets. according to the contract they didn't give me salary so, i just quit from the contract but they refused to give back my certificates. what can i do for that sir? please take me to the correct decision....
S MAHESH ABABU
25 April 2013 at 14:00
Greetings to all my seniors..
I solicit advice on the issue of probation in the following condition in the service rules:
PROBATION
On initial Appointment
a) All initial appointments shall ordinarily be on probation for a period of 12 months except transfer/absorption/deputation from Government/Public Sector Undertakings or Subsidiary Companies. In the case of persons appointed from Government / Public Sector Undertakings, the period of probation shall be six months only. The Appointing Authority may, however, at its sole discretion either extend or relax the period of probation in case of persons appointed from Government/Public Sector Undertakings.
b) If the performance of the employee is not found satisfactory during or on expiry of the probationary period, his services are liable to be terminated. The Appointing Authority may, however, at its sole discretion extend the period of probation further and the services of the employee are liable to be terminated likewise during the extended period of probation.
On Promotion
a) All promotions shall be on probation for a minimum period of six months.
b) If the performance of the promoted employee is not found satisfactory during or on expiry of the probationary period, he is liable to be reverted to his original post. The Appointing Authority may, however, at its sole discretion extend the period of probation and during the extended period of probation also the employee will likewise be subject to reversion to his original post.
During the period of probation/extended probation, an employee shall be liable to be discharged from service of the Corporation or reverted to his original post without notice or assigning any reason thereof at the sole discretion of the Corporation.
Total period of probation shall not exceed 24 months.
Facts:
1. The querist joined the PSU from a central Govt Job.
2. The character and antecedents verification has been completed after 6 months and 15 days.
3. Till date date the querist has not received the confirmation letter/intimation regarding extension of probation period /intimation regarding shortfall in performance.
Queries:
1. Whether the employer can keep the querist under probation or extended probation without intimating the querist?
2. Whether the employer can extend the probation as on today?
3. the advantages of a confirmed employee over the probationer.
Thanking you all in advance
Thx n regards.
Amit
24 April 2013 at 16:28
If an emloyee getting retired from the service after attaining the 58 years age and his pf settled from there. After that if he again rejoin the same organisation after retirement. can we deduct his Pf under the act or not. Please also mention the Paragraph under which pf deduction made or not.
thanks/regards,
Amit Kumar
avnish saxena
24 April 2013 at 16:18
If any employee is suspended and/or near to superannuation but huge amount required to be recovered from him, then what remedy will be available with an employer.
pls also educate that if said recovery does not fulfilled by the retirements benefits then what sort of remedy will be available.
kehar singh
24 April 2013 at 08:22
Hello, the State Inquiring Authority(SIA) is not submitting my inquiry report to the DOP for the last two months though all the inquiry procedure has already been completed. The officer always goes out of State on the plea of official tour. When I approached to the Secretary, DOP and requested him to intervene into the matter, the secy said "Since the SIA acts like a Judge and like one cannot ask the Judge of a High Court to deliver the judgement, similarly we also cannot ask the SIA to submit your report.So wait for another few months"
Under these situation what can I do? Should I remain under suspension so long as the SIA do not forward the inquiry report to Govt.? Pl advise.
Subrata Mukherjee
24 April 2013 at 04:12
I am an ex employee of a Pvt Ltd Company based at Pune, Maharashtra. I was the Manager for the Site at Rajkot, Gujarat had submitted my one month's notice period (as per appointment letter agreement) on 10th Jan, 2013. I was expecting some one to join in this due course but the company never send anyone. I handed over his responsibilities, company assets to his superior (collect his acceptance). I was asked verbally on 9th Feb,2013 to keep continuing for 4-5 days but because of my prior commitments, I denied. Upon my denial, the higher officials warned me that if I leave, they would screw my happiness. Due to urgency of my commitments I left the company on the scheduled date, i.e., 11th Feb,2013.
My first question is "did I made any mistake?"
I have been following up for my Jan-13's salary + the 10 days salary pertaining to Feb-13, my full and final settlement that includes Leave, Bonus, LTA. The Company has not submitted my PF papers as on date.
Initially, the HR department assured to pay the amount in mid Mar-13- not paid, now the department is not taking my calls too. There are many employees like me who are having the same problem. I currently am out of fund to run my family expenditures.
Please guide me as what should I do get immediate money from the Company.
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Noc
sir, im working in a public sector bank as a asst manager, i had applied to a govt(central govt) job before getting confirmation (probation period), as the process for getting NOC got delayed i applied with out NOC and Now i got selected for that govt job. I also got the NOC from my admin.