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

Biplab Swain   09 March 2013 at 23:27

Is it mandatory to enroll in epf for registering in esic

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

Cap for applicability of payment of wages act, 1936 increased to rs. 18,000 per month

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

Gratuity

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).

Sri T.S.Raghunath   09 March 2013 at 14:07

Jurisdiction of industrial tribunal

Whether Industrial Tribunals are having jurisdiction to try Post Office Staff, who are already having channel thro Central Administrative tribunals ?

Navin Pandya   09 March 2013 at 09:12

My most unjust dismissal from m&m ltd., mumbai

Dear Sirs,

Namaste!

Very brief details:

For exposing mismanagement,unfair labour practices & protesting against exploitation, I was dismissed from M&M Ltd. without notice, notice pay,without providing enough opportunity for my say against bogus enquiry report in 1991.

Even though I was committee member of M&M Officers Association & my dispute for promotion was pending in Labour Court, the company didnot take permission from the Labour Court.

Because of false pleadings of the company, I was declared 'not a workman'.

The company didnot produce Board Resolution for litigation,Power of Attorney in favour of person signing pleadings even though they violated Order 29 of Civil Procedure Code.

I wanted to settle the dispute out-of-court & through Lok Adalat but company not responding.

Recently, Labour Court rejected my Application for Condonation of Delay in violation of Hon. Supreme Court Guidelines & closed the matter. I am Petitioner-in-Person.

I had explored for out-of -court amicable settlement through various Govt Authorities like Ministry of Corporate Affairs,Chief Minister, Labour Minister, Labour Commissioner etc. etc.

In fact, my unjust dismissal was a criminal conspiracy by the company.

I have all evidences of my innocence.

Kindly guide me about further course of action at the earliest.

With best regards,

Yours sincerely,

Navin Pandya

ROHIT   08 March 2013 at 08:42

Help me please

on 19th of July 2012, around 4:30 in the morning, me and five other employees met with a road accident while going back to home from company on companies transport. some of us were badly injured in the incident and i suffered an ACL INJURY on my left knee. initially my injury was not diagnosed as ACL INJURY REQUIRE MRI SCAN to be detected. my doctors advised me to rest for a month and two so that swelling gets over and MRI can be done. company supported me throughout by providing me leaves and i rejoined office a month later however, my knee was not normal and i was facing problems, i discussed the issue with my OPERATIONS MANAGER, TEAM LEADER AND BHR and they assured me that company will bear the expenses if i need to undergo the surgery.
my doctors advised me to underwent surgery, and on 8TH OF DECEMBER 2012 I underwent the ACL RECONSTRUCTION SURGERY IN SIR GANGARAM HOSPITAL, before going for the surgery i INFORMED ALL THE SUPERIORS CONCERNED AND GOT THE ASSURANCE THAT ALL THE EXPENSES WILL BE REIMBURSED.
total cost of my surgery came around rs.1,15000/- out of which 65000/- were paid by mediclaim.
i rejoined office on 21st of jan 2013, however i applied for the reimbursement on 18th January by e-mail. now i requested a total of approx rs.36000/- to be reimbursed but I AM NOT GETTING ANY REVERT EVEN AFTER GETTING IN TOUCH WITH ALL SUPERVISORS AND HR MANAGERS, BUT NO ONE HAS GIVEN ME ANY HOPE THAT I WILL BE REIMBURSED FOR THE AMOUNT TILL DATE.ON 28TH OF FEBRUARY 2013 THE PROCESS I WAS WORKING WITH IS SHIFTING ITS COMPLETE BUSINESS TO MUMBAI, AND NOW I AM LOSING ALL MY HOPES TO GET MY MONEY.
THE AMOUNT MEANS ALOT TO ME AS I HAVE TAKEN LOAN FROM MY RELATIVES ON BIENG ASSURED BY THE COMPANY THAT I WILL GET THE EXPENSES. PLEASE REVERT AS SOON AS POSSIBLE AND PROVIDE ME A RESOLUTION

regards,
rohit arora

Vijay   07 March 2013 at 18:40

Applicability of shops & establishment license in midc area

There is one Company having it's corporate office in MIDC area with ssufficient number of employee and having no manufacturing activity.

Whether that company is required to apply for Shops & Establishment License?

archana   07 March 2013 at 12:25

Procedure to follow while filing a court case by in service government official.

Namaste Sir/ Madam,

One of my colleague has received a legal notice which was submitted to his higher officer alleging him to have demanded bribe. Now , he wishes to file a defamation case against the person who has sent the legal notice.

Please guide what is the correct procedure for filing a case by an in service government official in personal matter, Should higher office be intimated before filing a case , what does CCS rules guide in this regard.

SANDEEP KUMAR   07 March 2013 at 10:48

Purchase of property

A govt.servant wants to buy property. For the purpose he should take prior permission from his department or show the purchased property in his Property return at the end of the year.

Experts may kindly guide with respect to Govt. rules on the subject.

praveen   06 March 2013 at 23:15

Noc, technical resignation

Dear Sir,
I am working in a central govt organization for the last 10 years and I have already completed 10 years of mandatory Bond period. In the July 2010 I had applied for a vacancy by my native State Govt In the Grade pay of 4200 & 4600 and that time I was in the G.P. of 4200, and had intimated to my Head of the Office about my application for the said vacancy and had requested for NOC in due course if needed, because at that stage it was not required.. But due to some accident I forgot to take any receiving from the office & now I have only a photocopy of my intimation application with date of application.
In the mean time I got transferred to another place on promotion in G.P. 4600. In the Dec.2011 the Pre-test was organized after clearance from the court against an writ against the vacancy. That time I intimated and applied for the leave for the said exam and leave for the same was granted. Again in the May 2012 the result of Pre-exam was declared and fresh online application for the mains was invited by the commission. While I was due to fill the form I again intimated about my qualification in the Pre-exam and also requested for the NOC to send it with hard copy of application as It was demanded by the commission. That time I had also intimated that I had intimated it to my previous unit, But despite of all that my application was not even forwarded to the authority to whom it was addressed and was returned to me with comment “ Your application for NOC was considered but rejected because you are already working in the Higher or same grade pay Hence it cant be forwarded to higher authority..” It was signed by the official much lower in rank than the addressee. without any dispatch number. That time I applied for the Mains Exam with an undertaking to produce NOC in due course.
In the month of Jan. 2013 the Mains exam was conducted in very short notice and that time I was on PL and after taking exam I again intimated about my mains exam with request to give NOC, but it was denied to forward the application now for the different reason. This time they demanded the detail of my application to previous place of posting. As I was having the photo copy of the application given in July 2010 to previous posting showing the date I submitted the same to office. Then they sent an querry to previous office to give the detail, but the previous office declared that they don’t have any such information.
On the basis of this now my request for forwarding the application to higher official has been turned down. It should be noted that at the time of intimation to previous office I was not lone to fill the form or to intimate there were two more people who had applied, but no one’s detail was available,
Sir, this is not the first time I have suffered. A few month ago I had applied for a post in other department and my NOC request was not forwarded in the name of having same grade pay, but another person posted at different place in same rank or G.P. was given NOC and he was selected. There is a lot of instances of denying NOC in same Grade Pay and I am having all those documentary evidence.
Now result for the Mains exam has been declared and I am finally selected. Again I have submitted an undertaking to produce the NOC in a month/before joining, But they are not forwarding my application.
What should I do? Can I resign and join my new job and claim my service benefit later on through court? What is the chances of my getting NOC as per rule? Is there any other procedure to make request for NOC or technical resignation? Please guide me to save my service period of 10 years.