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

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

YK   19 March 2013 at 17:26

Full and final settlement

Dear Sir/Madam,

I have joined a company ABC (in India) on June 2011, through that company I was moved to Dubai on June 24th 2011. After going to Dubai I got some health problem due to which I am not able to stay in Dubai, then I requested my HR to move me to India. But HR has not agreed for that, then I applied for 2weeks leaves and came back to India on July 24th 2011. After 2weeks I called my HR and requested him to transfer me to Hyderabad, but he did not agreed for that. Then he told me to resign and serve 3months notice period at Dubai. As my health is not supporting for Dubai environment, I told him that I am not able to serve notice period at Dubai, instead I will serve the notice period at Hyderabad where I was recruited, but he did not agreed for that. After that I got a termination letter on 14th Dec 2011 stating that I have to pay notice period amount.

After 1.5 years on March 18th 2013, I have received a legal notice from the company that I have to pay notice period amount.

Can you please let me know, do I need to pay notice period amount.

Nidhi   19 March 2013 at 15:44

Third party contract

A company have agreement with one contractor for providing housekeeping services. Contractor have removed from the services without wages a office boy as he have taken 10 days leave for marriage. can company enforce the contractor to pay wages and restore the service of the office boy. Thanks

sudhakar s   19 March 2013 at 12:55

Regarding outside employment

SIR,
I AM WORKING AS A SCIENTIFIC ASSISTANT/C(GRADE PAY-4600) IN PUBLIC SECTOR COMPANY.NOW I WANT TO APPLY POST IN CABINET SECRETARIET AS OFFICER(GRADE PAY-4200) WITH 15% EXTRA ALLOWANCE ON GRADE PAY.OUR DEPARTMENT HAD MADE A RULE AS "THE POST APPLIED IS EITHER EQUAL OR GREATER THAN THE PRESENT POST AND TWO APPLICATIONS IN A YEAR CAN BE FORWARDED."
THEY HAVE REJECTED MY APPLICATION FOR NOC BY SAYING THAT 15% EXTRA ALLOWANCE CAN NOT BE COUNTED.
WHETHER THE PUBLIC SECTOR UNITS HAVE THE RIGHTS TO MAKE THE LAW LIKE THIS.IF SO ACCORDING TO WHICH LAW ? IF NOT WHICH LAW DOES IT VIOLATE?
IS IT MY FUNDAMENTAL RIGHT TO APPLY TO ANY POST? SHOULD IT BE GREATER THAN THE PRESENT POST HELD?

Vishal Yadav   19 March 2013 at 12:03

Notice period query

Hi All,

I am working for a reputed orgn, I have submitted the resignation and the orgn has provided me with the resignation acceptance letter also.

But my Manager says that he shall extend my notice period because of project concerns.

I need to know whether this is legal or not.

pankaj kumar sharma   18 March 2013 at 13:51

Salary matter

Dear Sir,
I am working in a private software development company.I recruited some students through consultant.According to conditional offer letter-we will appoint you as software developer on package 1.8 lakh after successful completion of 6 month training.After three months we provide them offer letter -salary line-you will be paid Rs.10000/month project work done by you.
Appointment letter-you are recruited as trainee software developer on proceeds division basis.
Now they catch me and blamed that i got 60000 per candidate for job.I have to pay them salary 40000 for 4 months and if i fire them i have to pay also 60000 with experience letter.This was written on stamp paper and stamp bought on my name.
Again one day they asked me for compromise they came at place i was they catch me went to court.Bought a stamp on my name and made a agreement i did not provide them job so i have to written Rs.60000 to them in given time period.
Now They appeal in Labour court that company is not providing salary.

One side they have notary that i did not provide them job ,in other side they are going to labour court.
Please suggest me what i do?

BISWAJIT SENGUPTA   18 March 2013 at 07:47

Further query against mt previous one

Sirs,

When a company declared sick, the existing employee can get the benefits, viz., salary, gratuity, pf's interest (under trustee) & others benefits till the date of his resignation or the date of closure giving the notice of 'suspension of work', considering the below mention facts?
1)Service period: 25 years as on 24/11/2005 (close the company by giving notice of sus pension of work under 'no work no pay').
2) Declared sick industry on Sept'2011.
3) Till date I am an existing employee of the company.
4) If I tender resignation today.
Biswajit Sengupta

BISWAJIT SENGUPTA   17 March 2013 at 18:20

Service in two companies!!!!

Respected Sirs,

I am an Executive Officer of a Limited Company which is running suspension of work since Nov'2005. I have neither resigned nor terminated from the company. The Company verbally asked me to resign from the service. But I could'nt. The Company declared sick Industry Sept'2011. But till date I have not been informed from the company's end. Sirs I get an opportunity to join another company on permanent basis.
My question is whether I join that company without tendering resignation to my existing company. Cause of not tendering resignation - My company will not pay my dues at a time. They will make the payment on installment basis for a period of three years.
Sirs, I am totally confused. Please suggest me what to do?
Biswajit Sengupta

raviprakash   17 March 2013 at 12:08

Reply to writ petition

Dear Sirs,
Pl enlighten me about the following for a case in which the CAT order was challenged by the Dept and stay obtained through a writ petition in high court.
1. The time limit and opportunity for the respondent to file written rebuttal of all the points in writ.
2.Whether copies of supporting documents mentioned at annexures are accepted or only original has to be enclosed. This for certain few medical reports of my mother which the originals are misplaced.
3. A typical flow chart of WP FROM ADMISSION TO JUDGEMENT.
4.Whether the advocate nominated in the caveat can now be changed once the writ being admitted.

Your valuable replies are eagerly awaited for,

Regards
KR PRAKASH

Rohit   16 March 2013 at 17:18

Payment of wages act

dear seniors,

i need to know whether payment of wages is applicable to the shop or establishments coming under the purview of shop and establishemnt act of delhi, since i have not come across the same in the definition of establishment given in payment of wages act but the ground reality is tha pyment of wages act is being followd quite strongly in all the industries including shop and establishment, pleasse reply

R Karthikeyan   15 March 2013 at 20:15

Minor experience can we taken as experience

Dear Experts

Is there any citation/ref for minor employment experience also considered as experience?

It is required for appeal in bench of high court, chennai

Fact : License cancelled due to find the 6 months minor experience in the records submitted for 2 years service experience requirement of public sector(corporation).

Regards
R Karthikeyan
coimbatore