N.J. MISHRA
13 March 2013 at 11:32
OUR COMPANY IS REGISTERED UNDER BOMBAY SHOP AND ESTABLISHMENT ACT. NOW MY QUERY IS THAT WHETHER EMPLOYEE IS ENTITLED FOR LEAVE ENCASHMENT BESIDES REGULAR HOLIDAYS(IF PENDING ANY) AT THE TIME OF HIS RESIGNATION OR RETIREMENT OR TERMINATION.
SECTION 35(2) OF BOMBAY SHOP AND ESTABLISHMENT I AM FINDING LITTLE CONFUSING, PLEASE MEMBER KINDLY GUIDE.
Akhil
12 March 2013 at 00:05
Hi..
I joined in a company which is far away from my home town.. it was given in offer letter that they will give a relocation amount of 15000 INR after 3 months and if I resign within 1 year they will recover it from my final settlement.. but I'm not liking this job.. I'm planning to quit the job.. if i quit this job will it create a legal problem? will i have to pay this amount from my pocket? can't they recover it from my pf account? and my last few days salary? if i go without giving resignation what will happen? because these people are not ready to accept my resigntaion? what should i do? i need a suggestion! please reply..
SRIKANT BHAGAT
10 March 2013 at 20:19
Dear Sir
I am looking for your kind legal advice which is concerned to my pay fixation under sixth pay commission as new appointment after 01-01-2006 where I was freshly appointed from GP 4600 to 5400 ( pay band II to pay band III)
On 16th may 2011, I have been appointed as scientist-I in pay band-3 (15600-39100; GP-5400) at the initial pay of 15600/- Before that I was working as scientist II in same organization in the pay band 2 (9300-34400; GP 4600) at the pay of Rs 21460/-(pay band 16860 + GP 4600).
On joining, I opted for the fixation of my pay (as applicable) at the date of next increment (DNI) i,e, on 1st July 2011. The competent authority has reduced my pay in the pay band from Rs. 16860 to 16060/- and provided the total pay as such i,e, Rs. 21460 ( saying that my pay has been protected according to the new rule of 6CPC; DOPT Office Memorandum N0. 12.3/2009-Pay-I; dated 30th march 2010).).
I assume that pay protection implies that protection of Pay band + DA + applicable grade pay as well, with the best of my understanding based on previous pay commission fixation rules.
I have achieved this existing pay in the pay band (16860) due to 14 years of long service and I have been appointed at higher pay scales. Logically my pay must go up.
I personally believe that reducing my pay in the pay band (16860 to 16060) is mis-interpretation of the concerned circular statement: which state that “the pay in the pay Band fixed under this formulation will not be fixed at a stage lower than entry pay in the revised pay structure (corresponding to the grade pay applicable to the post) for direct recruits on or after 1.1.2006.” I assume that in present case this statement implies that if anybody pay in the pay band is less than Rs. 15600/- even then his/her pay in the pay band must be fixed minimum at 15600/-. But this circular never says that the exiting pay if it is already greater than entry pay ( >15600) in the pay band may be reduced.
S Raghuvanshi
10 March 2013 at 18:28
My father at the time of appointment in Himachal PWD as Beldar in the year Aug 1989, has submitted self certificate (affidavit) & Med certificate for date of birth (DOB as 1947)after completion of temp service. Later, on the basis a complain he was charge sheeted for difference in date of birth of 10 years when compared to Panchayt records. These panchayats and records, in fact, came into existence in 1971 in HP. Records says date of birth as year 1937. Later Inquiry started in 2004 and there was no suspension. Lastly the charges found true by the inquiry officer. Officials issued a order on 02 Feb 2006 as "You attained the age of superannuation on 30-06-1997 is hereby retired from Govt service retrospective effect i.e. 30-06-1997". Accordingly total service 1989 to 2006 (Appx 16 years) reduced to 1989 to 1997 (Appx 8 years) making ineligible for pension (pensionable service 10 years). Also later Leave encashment, DCRG was paid which was applicable as on 30-06-1997. No recovery was made from salary. My question/query from the kind experts is that 1. whether my father is eligible for any pension from 2006. 2. Whether he is eligible for Leave encashement and DCRG upto 2006?
soomedh
10 March 2013 at 10:33
Sir, i am working on contractual basis for 4 years,i am on client end which is a govt. organisation,we(me and my counterparts)have been told that we are on daily wages basis but we are paid monthly, we do not get any casual leave or medical leave, and for any emergency leave taken by us, money is deducted for that day. i would like to know from you that whether we come under daily wages basis or monthly wages basis? can we get the benefits of leave? please guide us
Biplab Swain
09 March 2013 at 23:27
Our Association is registered under Trade union Act and we are interested in providing ESI to our member workers.
On small question, is it mandatory to enroll for EPF also to get ESI or can we have ESI only?
Kumar Doab
09 March 2013 at 21:23
FOR THE INFORMATION:
Cap for applicability of Payment of Wages Act, 1936 increased to Rs. 18,000 per month
NOTIFICATION NO. SO 2260(E), DATED 11-09-2012
SECTION 1(6) OF THE PAYMENT OF WAGES ACT, 1936 - WAGES PAYABLE TO AN EMPLOYED PERSON - SPECIFIED AMOUNT OF WAGES PAYABLE UNDER SECTION 1(6)
NOTIFICATION NO. SO 2260(E), DATED 11-9-2012
In exercise of the powers conferred by sub-section (6) of section 1 of Payment of Wages Act, 1936 (4 of 1936), the Central Government, on the basis of figures of the Consumer Expenditure Survey published by the National Sample Survey Organisation, hereby specifies Rupees eighteen thousand per month as the wages under said sub-section (6).
devineali
09 March 2013 at 17:10
Hello!
Sir, My Name is FAISAL from LUCKNOW UP and Working at Same in Construction Company.
i have an issue to clarfy-
Dose Gratuity deducted from employee salary and its part of CTC. does any rule exists .....
I asked from my HR. he said its new rule ... or order for UP
Please tell me it can be .... or tell me any point that can cover this (duduction of gratuity from salary).
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Pf not released
Dear Sir,
I have been working in a reputed company in Kolkata fro 04 years. After resignation the nit HR did not provide me with Form 10C and 19 for clearance of PF. He said that the HO will take care. The HO said that Unit HR will take care. As i had joined another company and had to relocate from Kolkata to distant city I was unable to get these PF forms filled. However through internet and my present HR I downloaded the Forms, signed it and sent it to them for release of PF. To which they initially did not respond and after hectic follow up they did respond but asked me to be present at their HO for in person verification.
This whole process took more than 9 months. Frustrated I went to the HO during my vacation, waited for 05 hours to just sign the forms which took me 5 minutes on 24th January 2013.
But now the HO is not giving me the acknowledgement slip for withdrawal of PF. Repeated reminders are going to deaf years. However the persons who have applied for withdrawal in the same comany have already got acknowledgement from The PF office for withdrawal.
hence I seek your kind advice.
Thanks and Regards,
Rajiv Mani