venkatadri
27 February 2013 at 19:22
Stage=Workman Hearing / Evidence
My matter is in Hyd.
I am party-in-person.
My employer has 2 factories, one in mumbai and other one is in hyderabad.
At Both the places the matters are same.
Out and-out workman supervisor determination.
At the Mumbai High Court level my management succeeded.
Now the point is I wish to refer the submissions that is made by the employer in the Mumbai matter for my matter in Hyd as several of the submissions made there are absolutely favourable for me in my case in hyd.
I have to visit mumbai take lots of pain to get a certified copy of the WP to file it here. Will the Labour court admit the same and mark it as a my side exhibit. What is the rule says in this ragard ?
Please clarify,sir.
Bhaskar Ghosh
27 February 2013 at 14:56
1. I had taken LTC advance from the office for availing LTC and also leave encashment amount for 10 days EL for availing LTC.
2. I had also gone on tour and returned from there.
3. Due to some reason I did not submit any LTC claim thereon and returned the advance money with penal interest to the office way back in September 2012.
4. But I forgot to return the leave encashment amount for non availing the LTC.
5. The office has now asked me to return the leave encashment amount which I agreed.
6. I only requested the authority to adjust the 10 days E/L that had been encashed for
Now my query is
a) Is the authority bound to adjust the leave after my payment of the leave encashment amount
b) I have 300 days of E/L at my credit whether the previous years leave when it has taken can be adjusted in the next year and whether the authority is empowered to do so which is exceeding the maximum number of days for E/L that can be availed by an employees as per CCS (Leave ) Rules
Bhaskar Ghosh
26 February 2013 at 15:03
One of my colleagues has been pronounced guilty by the disciplinary authority under Rule 16 of CCS (CCA) rules 1965 and the authority has decided to impose a minor penalty on him on November, 20, 2012 through a written intimation where he was also asked to reply if he had to say anything within 10 days which he did accordingly, but till date no punishment has been given.
Is there any time limit to impose penalty on the guilty. If so, within how many days
Suresh
Syed Tarik Raj
26 February 2013 at 13:15
Thanks for helping me
Sir
Sir I am working at Institute of Bioresources and Sustainable Development (IBSD), Imphal, Manipur under Dept of Biotechnology, Govt of India as a Store Keeper. I was suspended from the said post on 23rd May, 2012 as I was in the custody for more than 48 hours in connection to the lost of cheque from the cashier custody and the cheque was enchased. I was released on bail on 29th May, 2012 and the police is saying that they are investigating the case till today. When I got bail the judge say that I was arrested on suspicious ground and now the police is also saying that I was arrested on suspicious ground. Till toady they are not putting up any charge sheet against me.
In this connection please help me -
1. In this connection an FIR [ No. 73(4)2012LPS u/s 420/468/120-B/34-IPC] also launch. So for revocation of my suspension is there any rule saying that first an FIR is to be closed?
2. My Suspension was revoked by an officer dated 20th December, 2012. But the order was received on 28th January, 2013. Till today the FIR is not closed nor the police frame any chargesheet.
In this connection I want to know that:-
whether I am entitled to get all the due salary from the very date of my suspension (without any deduction like SDA, TA, Addl TA etc). Is there any rule saying that full salary/payment is to be made without any deduction if so please tell the quote/rules/clause. Or else there will be some deduction from my salary/payment like SDA/SCA, TA, Addl TA etc etc., I will be very thankful to you if sir kindly help me in this regard. I will be eagerly waiting for your kind reply.
Syed Tarik Raj
26 February 2013 at 13:12
Thanks for helping me
Sir
Sir I am working at Institute of Bioresources and Sustainable Development (IBSD), Imphal, Manipur under Dept of Biotechnology, Govt of India as a Store Keeper. I was suspended from the said post on 23rd May, 2012 as I was in the custody for more than 48 hours in connection to the lost of cheque from the cashier custody and the cheque was enchased. I was released on bail on 29th May, 2012 and the police is saying that they are investigating the case till today. When I got bail the judge say that I was arrested on suspicious ground and now the police is also saying that I was arrested on suspicious ground. Till toady they are not putting up any charge sheet against me.
In this connection please help me -
1. In this connection an FIR [ No. 73(4)2012LPS u/s 420/468/120-B/34-IPC] also launch. So for revocation of my suspension is there any rule saying that first an FIR is to be closed?
2. My Suspension was revoked by an officer dated 20th December, 2012. But the order was received on 28th January, 2013. Till today the FIR is not closed nor the police frame any chargesheet.
In this connection I want to know that:-
whether I am entitled to get all the due salary from the very date of my suspension (without any deduction like SDA, TA, Addl TA etc). Is there any rule saying that full salary/payment is to be made without any deduction if so please tell the quote/rules/clause. Or else there will be some deduction from my salary/payment like SDA/SCA, TA, Addl TA etc etc., I will be very thankful to you if sir kindly help me in this regard. I will be eagerly waiting for your kind reply.
Anirban Bhattacharya
26 February 2013 at 09:14
dear sir,
this is to inform you that in the month of sept 12 i asked for LTA on pilgrimage trip to pasupatinath to fulfil last wish of my parents specially father from sun pharma, which my gm have sanctioned and updated in erp of my companys system. later my immediate reporting authority make a hue of that and both my rsm and gm requested me to cancel my leave and work which i did by letter and mentioned that as per their advice i am cancelling my leave. this note from my side annoyed my gm and hr called me for sales review discussion with gm on 3rd oct 12 and instead of sales review discussion they performed hr discussion and pressurised me to resign or they will terminate me. i opposes the oppression and continued to work. later they transfered me from kolkata to coimbatore where i joined. in the mean time my father who backed me could not probably withstand my absence, falls ill and died out of ca lever quary not proved in 14th jan 13. now i am the only male member with my ill mother, wife in service in govt sector, minor son. my wife, son and mother leaves in kolkata and i work in coimbatore. in spite of several request letter to reconsider my hr or comp doesnot replied to my transfer appeal on humantarian ground and over phone conversation, asking me to leave the job and go. in this junction what should i do. i dont want to leave sun as this is a good systemetic comp and i want to prove myself. sun have torchered me in many ways by not giving me loans, not repliing my quaries, saying abusive words by my immediate superior, etc. though i have given my photographs to sun for publication as calenders for distribution and promotional input for two products, but they have not given me any royalti for that. pl kindly help me to win over the situation and i want my royelti, and wants to get back to my native place as i dont have any fault of mine for poor performance of sales in kolkata which i have proved over presentations based on companies data. but inspite of that i am devoid of moneytory benefits, promotions and now they have transfered me to a distance place subjected me to humilations , tourchers, and depressions.
pl help.
regards
anirban bhattacharya
with regards
anirban bhattacharya
P.C. Joshi
25 February 2013 at 17:17
Dear Friends,
A is employed with B Ltd. for about 4 yrs.then A resigned and company retained him on retainer basis. The term of retainership agrement is 1 year. Either party can terminate the agreement by 30days notice.
There is a cluase in the agrement that during the retianership and one year after termination A can not compete with the company or work for any competitor of the Co.
is this cluase legally valid and enforceabnle against A.
Pls let me know your views.
Thanks & Regards
P.C. Joshi
Bhaskar Ghosh
25 February 2013 at 13:24
One of my colleagues has been pronounced guilty by the disciplinary authority under Rule 16 of CCS (CCA) rules 1965 and the authority has decided to impose a minor penalty on him on November, 7, 2012 but till date no punishment has been given.
Is there any time limit to impose penalty on the guilty. If so, within how many days
Suresh
SIBA PRASAD NAIK
24 February 2013 at 23:50
I joined 2 months back in a small organization here in Bangalore. As per offer letter during probation if i resign, have to give 2 months notice but if company wants to remove he can do by within 2 weeks. On 18th Feb-13 had dropped resignation stating to relive me as soon as possible, same is approved by my Manager. Now HR is asking me money of hiring, training,and management cost as mentioned in offer along with 2 months notice money. The company also holds my documents and now company is harashing and threatening me to file law suit along with putting me pressure to not relieve me. Please suggest and help me what should i do now.
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Instrument act sec 138
Dear Sir
I was working with a co as distributor through franchisee/C&F. I have issued blank cheques as security purpose and taken receiving on my letterhead from co's employee in this it is clearly written that these chese cheques will not be used or presented in bank in any how without my written permission. the said employee is not more working with co or franchisee.
franchisee dispatched some material in jan-2012 to me without any order which was delivered to me at 10:30 PM. I took delivery of the goods on very much request of franchisee and paid cash to his representative. receiving for goods taken was given along with writing Cash Paid on bill copy. in jan-12 another lot of goods was again delevired to me without order and again same procedure was adopted as cash payment was given and receiving was given on bill copy by writing cash paid. Some time in previous also it was in practice that co's or franchisee employees took cash from me against delivered material. there is no case in which franchisee had given material on credit to me.
In feb-12 franchisee used security cheque by presenting it in bank. but because I have already given instructions to my bank for non payment cheque bounced with comment payment stopped by owner. in March or april-12 2nd cheque was also used and same result.
now he had filed the case against me in sec 138. I have no balance amount to pay in account to him instead I have to take payment from him regarding different claims pending. even i have to take some balance amount from direct co's account also. In previous he sent me a balance confermation report according to his books to me and after reconsilation it with my account books I have written objection on it with the difference in balance amount on it and gave account statement to him and there was no objection received on this from him. Please suggest what will happen and what to do.