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

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pranav thakkar, b.com, LLM, CS   20 February 2013 at 20:32

Legal right for company

Few employees were terminated from a company without giving any reason. They have applied to labour court for reinstatement in the company. Now can company apply under order 7 rule 11 clause a for not admitting the case?

what is the other legal remedy with company so as that court do not admit the case.

According to one opinion as per ID Act the employees do not fall in defination of worker as their salary is less than 20000/- pm. Is this view correct?

Thanks

Vikrant Paraskar   20 February 2013 at 14:57

Theft of employee pf

Dear All,

I recently quit my previous Employer and learned that my PF deducted by my ex-employer from June 2012 to Jan 2013 was not submitted along with the employers contribution. When I demanded my PF account number, I was shocked to know that they had still not registered and that I did not have a PF account(since this was my 1st job). My bank statement clearly shows that the PF amount was deducted, however after I claimed that they reimburse me with the total PF amount i.e my contribution + their contribution - they said that they wont provide me the company's contribution however return my deducted amount. Also, the salary slip provided was without the deduction of the PF and now that does not match my bank statement, I have proof of salary slips on other employee's name stating the deducted amount for PF.

I really feel cheated, because they falsely deducted the PF amount and utilized my money and second - the basic rights of PF to any employee is being denied.

Additional info - The company's current strength as of now is 40 employees, proof of my employment, salary slip of other employee's which states the deduction, False salary slip mailed to my inbox via an employee which is tampered, edited by the HR not showcasing the deducted PF, My bank statement which shows the deduction, tenure as an employee 14 months (31st October 2011 - 31st Jan 2013)

I kindly request the experts here to help me 1. get my PF 2. teach this company a lesson for their wrong doings.

Thanks & Regards,
Vikrant

B Manigandan   20 February 2013 at 08:24

Mismanagement affecting employees' welfare

Hello Sir,

I'm Manigandan from Chennai. I work in a BPO company in Chennai. We do general transcription work relating to insurance claims and also building surveys, outsourcing jobs from UK and Ireland. I have been with this company as an Editor since 2008. We do not have a HR Dept in our company. The owner of the company resides in England and will be here only once in a year. We have a GM as the head in Chennai.

I would be very grateful if you can clarify my doubts for the welfare of my company which we depend on for our living.

My first doubt is whether I can send a notice to my TL (in the best interest of my employer) for his mismanagement and other cheapest activities in office, which even when brought to the attention of our GM, is being turned deaf ears to. Our TL made his wife an editor two years back just to gain her trust and they got engaged and married but still she is doing only the transcription job not the editor jobs. A lot of time is wasted here which results in monetary loss to the company. Even if it is a penny, a penny saved is penny earned, isn't it?

For two years company's funds are being swindled in many ways. Whatever we say to our GM he replies saying he doesn't worry whatever happens because at the end of the day the work is done. He doesn't know who does what, who is who and what is what. This is not fair even at the very least, I think, in a company which is of course bound by the rules and reg of govt.

There is more to say and I have evidence of daily production and witness for all the cheapest and mischievous things the TL does in our office.

I would be grateful to have your guidance in this regard coz I couldn't bear the discrimination that has been going on here which I have not mentioned. The least I could say is that last week I thought calling Sneha Helpline coz of the mental harassment I face at work. I couldn't spend quality time with family coz the thought about my office is deep in my heart except when I'm asleep. I don't know what to do. I fear for job security if I pursue this matter but at the same time I fear for my life security if I don't pursue same.

Sir, there is a lot of mismanagement here (both leisure and pleasure in office). I couldn't state everything coz I'm in the shift and couldn't waste time. Please help me and I'll provide all the evidence. Please consider this as urgent, sir.

Please tell me whom to contact. I want to live, sir. Please help me. Thanking you in anticipation.

Balaji   19 February 2013 at 23:33

Service employement bond

I have signed a Service cum Employment bond with one of the XXX company on a bond paper of Rs.100 for a period of 3years , but now i have completed 2year & wish to change.

By violating this bond i need to pay some amount.

Does this bond is valid legally, if i violate the same what could be the harm caused to me in this regards or it could be OK if i pay the amount as agreed during bond process

Kindly pl. guide me on this critical issue.

attached the copy of bond format.

Regards
Balaji

niranjan   19 February 2013 at 20:01

Name

Respected attorneys...
One of my friend is selected by coal India as a management trainee.
His Name is Krish Agarwal
and Father's Name is Sanjay Agarwal

However he applied for Coal India as Krish Sanjay Agarwal.
Name in 10th Marksheet is Krish Agarwal
However,Name in CA Final marksheet is Krish Sanjay Agarwal.

At the time of interview,during document verification,this discrepency was found out and an Affidavit as suggested by HR personnel was submitted regarding name.


Now ,He is pretty tense whether his candidature will not be under any threat because of it....

Kindly advise..
Name in 10th marsheet is Krish Agarwal and result declared by coal india as krish Sanjay Agarwal...

Member (Account Deleted)   19 February 2013 at 19:40

Dismissal

I received a show cause notice for dismissal after Enquiry proceedings were completed.Charges were denial of work,abuse and hitting whereas in reality I was the recipient.My increments have been kept in hold while the other person against whom I had raised the case of abuse and manhandling has been promoted.On raising question regarding my increment the HR told it has been done on account of disciplinary action pending against me while the other has received promotion because his case has been closed.The witnesses who happened to be his batchmates spoke against me to save his friend.One witness turned out to be neutral because of management pressure while other risked himself speaking in my favour.These 2 persons proceedings were not carried out in my presence nor have I been given a copy of them.Meanwhile manangement proposed to relieve me by submitting a resignation letter and paying 2 lakh dues(bond amount).Please advise me on this issue.I have submitted reply to notice alongwith resignation letter with 3 months notice separately as management asked for it.Now they want me to leave instantly by paying huge amount.Kindly advise on the case.I am working in PSU.

Saumitra Chaturvedi   19 February 2013 at 18:31

Wrong information in cibil

Hi Experts,

I had applied for car loan in SBI which got rejected. The reason given was that in my CIBIL record, against my home loan it was mentioned as bad debt and was written off.

Now i have been paying my home loan, which is from Punjab National Bank, EMI regularly for last 4 years with twice part pre-payments. The last EMI being deducted 4 days back.

I talked to concerned PNB officer and they said the best they can do is provide me with my payment statement and mention it that i have been regular in payment of EMI.

The car loan official say that it might not be enough and this would effect my capability to take loan from elsewhere as well.

Please let me know where i can take my grievance regarding this and what action can be taken by me.

Regards
Saumitra

skg   19 February 2013 at 16:21

Issue of workman or non workman

Dear experts,

A Madras based company is taking services of two consultants

for one of its factory in U.P. one for accountancy and other

for Income Tax.There is an old employee working for last 15

years and at present in designation of Sr. executive in

management grade Man-2 (grading system Man-1 TO Man-9,

EXECUTIVE TO VP).

This employee is a science graduate working in tax departent

for last 15 years handling routine tax matters earlier under

his CA colleagues and now under guidance of Income Tax

consultant and sends tax related papers of employees and

make correspondences/emails with Tax Department H.O. at

Madras as per queries raised by employees of UP unit after

taking consultancy from Income Tax Consultant on their

Income tax related issues.

In his appointment letter there are two clauses which are as

follows:

DUTIES/REPONSIBILITY : You will have the

responsibility of efficient, satisfactory and economical

discharge of duties, directions and instructions assigned or

communicated to you by management or those in authority

over you from time to time.

PLACEMENT : You will be liable to be transferred to any

existing or future department, office or establishment forming

part of the company or to any of its associates in India or

abroad without adversely effecting remuneration and such

posting will be governed bt the rules as related to such

appointments.

My questions are related to definition of Workman applicable

on this employee.

1) Being an executive,a science graduate and solving queries

of factory employees after taking guidance and consultancy

from Income Tax consultant whether he will be considered as

a workman or a non workman on the ground that after taking

consultancy he is advising the other employees and thus

taking independent decision.?

2) Whether as per terms of his appointment letter regarding

his reporting to only authority over him and utilization of his

service in any existing or future department will point to the

conclusion that his services will always be of clerical nature

since only a clerical employee can be deputed to

different/various department and so he will always be a

workman ?

pls provide your opinion on workman issue.

skg

KASINAGALINGAM S   18 February 2013 at 15:03

Procedure to invoke right to information act 2005.

Sirs,

What is the procedure to get information under RIGHT TO INFORMATION ACT 2005 about an unani practicing doctor whether he has been registered with due authority or has license to practice such profession ?

S.Kasinagalingam,B.B.A., B.G.L., LL.B.

saurabh   17 February 2013 at 18:14

Bsnl service bond rules and resignation rules

Hello sir,
I joined BSNL as a JTO (April 2010)in U.P.East zone under (N.T.R.)
Sir due to Bad health problem & personnel reasons i gave the notice of Resignation (in March 2011) and left the organization after one month of notice period (i.e. April 2011).
Till now I didn't get any Resignation Acceptance letter or Final Settlement letter.
I got a letter form D.T. Bsnl in which they asked me about from which date i want my resignation, so I replied them that I gave the notice of resignation on March 2011, so after 1 month of this notice period(i.e.April 2011), you can gave me the resignation,...but I didn't get any reply after this correspondence.
I want to know what are the legal aspects of this issue, as they did not gave any reply and weather i have to pay the Bond Amount (as per BSNL rule that, if you leave the organization before 5 years then you have to pay the bond amount)

Now I am Doing MBA and got a job in a private Org.(and will join there in June 2013) so before joining this new organization what legality I should do so that it will not create a problem in future or not considered as a cheating(as i joined another organization without getting resignation from previous one)

Regards,
Saurabh
09769476760
saurabh14kc@gmail.com