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

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kehar singh   24 April 2013 at 08:22

Final inquiry report

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

Employer not paying salary / settling dues

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.

Ananta Karad   23 April 2013 at 20:37

Sec-12 of provident fund act-1952

Dear All,

Sec-12 of the Act provides that an employer in relation to an estblishment to which any scheme or the insurance scheme applies shall not reduce whether directly or indirectly wages of any employees to whom this scheme or the insurance scheme applies or the total quantam of beneifit the nature of old age pension , gratuity or PF to which employees is entitled under the terms of his employment express or implied. But the above reductions by the employer shall not be made for the reason only of his liablity for the payment of any contribution to the fund or the insurance fund or any charges under this Act or the scheme or the insurance scheme. That means any reduction made by the employer for any other reason not specifically provided in Sec-12 of the Act is not prohibited.

is means that If suppose my in hand gross salary is 25k per month without any PF contribution and in case employer wants to implement PF contribution then it shoud be deducted form my gross in hand salary or the employer should bear this cost or increse my per month CTC for both contribution (employer and emploee)?


Please appraise as am geeting confusion of Sec-12 of PF Act-1952.

Thanks & Regards,
Ananta Karad

prateekkkk   22 April 2013 at 21:59

Need advice

respected members,
i have filled an OA in central administrative tribunal which gets dismissed...Now i have filled a review petition as some important facts were not considered while delivering the judgement... my question is that whether CAT has power to change or reverse its earlier judgement???

JAGADEESH   22 April 2013 at 18:53

Payment of gratuity for remaining service after death of the contract workmen

Sir, Required clarification about in the case of death of contract workmen the remaining (recoknable) service required to consider or not under payment of gratuity act.

rahul pruthi   22 April 2013 at 14:19

Provident fund delay

i ve left a job from vijyant security services gurgaon in jan 2011 till now i ve not recieved my full provident fund...they have given in instalments coz they have maintained multiple accounts on my name...i have follow up this matter every month for my own hard earned money...but still waiting what can i do....till now they have cleared 2 accounts and one more is pending ....they have given my pf money like a loan....total harrasment ...please suggest

Mmayur   22 April 2013 at 12:21

Gratuity term

Hello!
i would like know the minimum gratuity term to avail gratuity on/after resignation
some say it as 5 years some says 4 years 8 months
hence, need expert's opinion, pls help!

Ananta Karad   22 April 2013 at 11:17

Is provident fund applicable to tour & travels industry?

Dear All,

Is provident Fund appllicable to tours & Travles industry as i did'nt read anywhere on same.

Please appraise ASAP

Regards,
Ananta

padmanabhan   21 April 2013 at 22:45

To save service and the job.

dear sir,

my friend (43) working in corporate company past 13 years. some of his colleagues and subordinate are elevated in his company based on the performance.

last one year my friend not performed since the company put the pressure for the expected performance, at the same time my friend affected mentally and communications are irregular.

in this situation the company plan to terminate his job from the service.

his family is very poor, he want to earn money to run the family with his wife and son.

in case they terminated the service what way we can get monitory benefits,and to retain his job what we have to do.

how can we save his job and the 13 years service. kindly advice us.

Calvin   21 April 2013 at 15:18

Salary cheque payment stopped by employer

Hi, my friend joined a mumbai based, real estate firm 45 days back. 2 days after receiving the 1st cheque, he took a leave because of illness for 3 days and informed the same. The company thought he absconded and stopped his payment. Now the company is not entertaining or giving his salary to him. He worked very hard on the job and he needs his earned money. Please advice with respect to further action.