mouraly
12 February 2013 at 19:52
My establishment having less than 20 numbers of employees, but i am giving some job work to other establishment, outside my premises, that job working establishment has not covered Provident Funds. Now the Provident Funds Inspector what to cover my employees and including job working establishment's employees, all together I will cross more than twenty employees.
My question is outside my premises, working employees and I am not having any control over those employees, that employees I have to pay their contribution or not.
And also my establishment is coming under coverage of Provident funds if I have below twenty employees
Ms. Ritu Agarwal
12 February 2013 at 16:05
Dear Sirs,
I am working in Steel manufacturing Company. Two marketing who were non-performenrs were terminated from the job and now we the company and they both are ready for settlement but meanwhile in the past they involved themselves with our rivals and thought of giving false evidence against us. Now we want to settle their account and want an undertaking from them that we are settling their all the dues and now both the parties won;'t be held liable for each other acts and before accepting the cheque of settlement they have entered in some legal suit against the party it will assume as withdrawn, etc etc.
Kindly request to all to help in this legal draft. Matter is of great emergency and importance.
Request to do the needful.
Thanking You,
With Regards,
Ritu Agarwal
C.S. LL.B
Sankar Mukherjee
12 February 2013 at 11:22
I worked in a private organisation of IT field from 10/01/2009 to 24/07/2010 of Kolkata, and I was in contract of one year.
After completion of one year contract period I served more than six months to that company, even without Contract renewal.
Also at that time I was deputed Out of city, for project purpose, and after completion of the project my previous employeer deducted my salary saying that my performance is not up to the mark.
When this deducted of salary happens a few times with me I decided to change and after attending an interview when I was selected I changed that company.
My last day on that company was 24/07/2010. Before few days of 24/07/2010 (as I did not have any Notice Period) I had given two copies of hand written resignation letter to that company expecting that they will at least return me one of the received copies the resignation letter and that can be used as Release Letter from that organisation.
But they refused to do so.
Now if I go to attend any interview to an CMM Level 3 or Upper companies they demand Appointment Letter and Release Letter of every previous companies, which I can not, and due to HR issues I am not treatd as a selected candidate even I have the qualification.
Even they had not provided me that 24 days salary.
Please provide me some steps through which I can ger the Release Letter from that organisation.
Looking forward for Expert replies.
Thanks & Regards,
Sankar Mukherjee
+91 9477028416
naushad avathukattil
11 February 2013 at 14:16
sir,
one of my friends recently got a govt job.one month later a police officer came for verifiation as a part of regularisation of job.He asked some questions.(my friend did not pay anything ).Then he told my friend to come to a particular office with his original academic certificates.he added that otherwise he would not proceed the regularisation.
1.whether a police officer has authority to verify the certificates?
2.what the officer has to do?
3.whether the police is entrusted the duty of inquiring the employees criminal ground or the validity of his certificates?
Archana R.Bhalerao
11 February 2013 at 09:34
I have field an application under W.C.A act for distribution compensation amount on the name of deceased father and mother as a legal heirs. in the matter decased was married at the time of accident. after 2 month of death his wife remarried. but we don’t have any proof of her 2nd marrieage.how can I prove second marriage?
court say to make an application with wife name. and submit the affidavit. but she refuse to came on court. last 6 months the matter is pending plz. Reply me.
K.S.Srinivas
10 February 2013 at 22:45
In the organisation viz.,APTRANSCO, there are three different services. They are Engineering Service, Accounts Service and Personnel service. In the Engineering Service topmost post is Chief Engineer (Electrical), in the Accounts Service topmost post is Financial Adviser & Chief Controller of Accounts (FA&CCA)and in the personnel service topmost post is Joint Secretary. The posts are carrying the following pay scales:-
CE (El.): 39860-1430-44150-1585-52075
FA&CCA: 39860-1430-44150-1585-52075
Jt.Secy.: 38430-1430-44150-1585-52075
In the Personnel Department one post called Chief General Manager (HRD) is in existence. The method of recruitment to this post is any one of the officers of the above 3 services can be posted by appointment by transfer.
Now, One of the Chief Engineers(Electrical) is posted Chief General Manager (HRD) in the personnel department. Joint Secretary is originally belongs to personnel department. The Joint Secretary and CGM (HRD) are discharging the identical duties and responsibilities. The management has ruled that Joint Secretary post is not equivalent in rank to that of CGM(HRD) as in the pay scales the Joint Secretary post is one stage lesser than the CGM (HRD) i.e., Chief Engineer/El. though the maximum of the both the pay scales are the same.
In the rules book of the orgn, there is no mention about on what basis to decided the equivalent rank.
1. How to decide whether the post of Jt.Secretary is equivalent rank to that of Chief General Manager (HRD)?
2. Equivalent rank can be decided based on the nature of duties and responsibilities of the posts or based on the pay scales attached to the post?
3. Case laws if any, may kindly be cited.
As far as my knowledge is concerned, the following case laws are there:-
In a landmark case, Randhir Singh v. Union of India, AIR 1982 SC 879, the court held that although equal pay for equal work is not regarded as a fundamental right, it is a constitutional goal as per the provisions of Articles 14, 16 and 39(c). Article 14 of the Constitution of India provides citizens with the right to equality before law. Under Article 16, a person is entitled to equality of opportunity in matters of public employment. In the above mentioned case, the court held that the principle of equal pay for equal work can be enforced by courts in cases of unequal pay scales based on unreasonable classifications.
It is requested to kindly clarify whether there are any strong points to approach the High Court of A.P. to prove my case that Joint Secretary is equivalent in rank to that of Chief General Manager (HRD) as the duties and responsibilities of the both the posts are identical.
Further can I file a w.p. praying for allotment of the same scale as that of Chief Engineer on the reason that the feeder posts to Joint Secretary and CE/El. are Dy.Secretary and Superintending Engineer respectively which are carrying the identical pay scales.
SADIQUE SHAH
10 February 2013 at 21:46
Dear Sir
I joined in ONIDA group of companies in 09/10/1988(Onida saka ltd. ) and resigned from the job on 11/8/2010 (Adonis electronics Pvt .ltd ) .In 22 years of my service life in this same group I have changed three establishment according to company (ONIDA )self decision without any gape .Now I want to know the Gratuity amount that I have to claim and what is the process to claim it.
Sadique Shah
Guwahati
Mob.No-9864092307
neema
10 February 2013 at 21:45
A temporary employee who has worked for 2 years in different departments on a contract of 6 months each has been terminated by giving one months notice as per the contract of employment. He has challenged the termination for nonpayment of retrenchment compensation. Advise.
SADIQUE SHAH
10 February 2013 at 21:22
Dear Sir
I joined in ONIDA group of companies in 09/10/1988(Onida saka ltd. ) and resigned from the job on 11/8/2010 (Adonis electronics Pvt .ltd ) .In 22 years of my service life in this same group I have changed three establishment according to company (ONIDA )self decision without any gape .Now I want to know the Gratuity amount that I have to claim and what is the process to claim it.
Sadique Shah
Guwahati
Mob.No-9864092307
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Caste certificate rejected by upsc
I was born in delhi and belong to SC category. I am a civil services aspirant. Few days ago, UPSC has sent me a letter saying that my caste certificate (which is from delhi) is not acceptable because I had mentioned in civil services mains 2012 Detailed Application Form (DAF) that the state to which my father "originally belongs" is UP. Though my father's caste certificate is also from delhi (my certificate is made on the basis of this). While filling the DAF, I did not know what this phrase "originally belongs" means because in caste certificate it is usually "ordinary resident of" or "domicile of" is written. By "originally belongs", I inferred that the place where one's family roots lie and since my father's (and mine also) roots lie in U.P., that's why I mentioned UP.
Now, UPSC has rejected my caste certificate by saying that it is not from the competent authority where my father "originally belongs". I do not understand, that - 1. How can they pose any restriction in matter of All India Services? I never heard anyone having such problem in All India examinations. this is not some state service commision.
They have also objected that para no. 2 related to "migration" is not filled in my caste certificate. Well, how can I migrate to Delhi when I was born in Delhi?
2. If they have any problem, then why they didn't point it out in year 2011 exam when I filled the same information. (Even I simply copied the old info of 2011 DAF photocopy to 2012 DAF). Under which rules are they having objection when both my father and I belong to delhi.
I have my birth certificate, caste certificate, father's caste certificate, voter's ID etc. all from Delhi. Caste certificates are issued by SDM. Please tell me what should I reply back to them. I am very worried as I have already lost 5 years of my life for UPSC preparation and now at the end of my stint, they are threatening to cancel my candidature. I have 30 days time to "make up discrepancies" in my caste certificate.