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

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SAURABH KUMAR DIXIT   07 February 2013 at 12:56

Requitment rule in seniourity

SIR,
MAINE ORDNANCE FACTORY SE APPERENTICE KI JISME RULE THA KI JO CANDIDATE PAHLE TRAINING(ALL INDIA TRADE TEST) PASS KAREGA USE FACTORY KE DWARA BHARTI PAHLE KIYA JAYEGA USE FACTORY ORDER KE KE FACTORY DWARA BULAYA JATA THA AISA ORD.FACTORY BOARD KA RULE HAI ! LEKIN JAB PAD AIYE TO FACTORY KE GEN.MANAGER NE CHUPCHAP BHARTI KRLI AUR APNE DRIVER KE LADKE KO MERE JAGAH PAR BHARTI KAR LIYA JABKI MAINE USSE 2 BATCH PAHLE ALL INDIA TRADE TEST PASS KIYA THA AUR BOARD KE RULE KE ANUSAR MAI 2 BATCH SENIOUR THA !
MAINE PAHLE G.M KO APPLICATION DE AUR KAYBAHI NHI HONE PAR CAT ALLAHABAD ME CASE FILE KIYA !
SIR KYA HAMARE IS CASE SE REALETED KOI SUJHAO YA KOI HIGHCOURT, SUP. COURT KA JOUDGEMENT KE BARE ME BATAI JISE HAM CASE ME DAKHIL KAR SAKE !
SIR KINDLY INFORMED ME !

SAURABH KUMAR DIXIT
DIST-SHAHJAHANPUR,U.P

mouraly   06 February 2013 at 20:36

Provident funds

I am an advocate and also I am a PF Consultant.

My client running a business, he has his our employees and also he is giving some work outside his premises, like home based stitching or trailering work. very specifically telling that the employer has no control or no supervising over that trailers. my client have below 20 numbers of employees. MY QUESTION is my client establishment is not coming under PF coverage. whether I have to contribute those workers like tailers without my supervising. In ESI it is exempted, In PF I need detailed explanation with suitable case laws or provisions.

Agneya   06 February 2013 at 15:43

Salary as per qualification

Sir,
I am a contractual employee under MGNREGA. in the post of Computer Operator, joined in the service on 2007. There are more than 200 staffs in the same post recruited in different times in the common remuneration. I joined the service with the qualification “Diploma in computer engineering” as undergraduate for the initial period of 2 years. After that the period again extended for next 2 years. But the State Department given 1 day termination to all the staffs in the middle and told to rejoin in the service with all document. During the years I have completed my Graduation by taking the No Objection from the authority. So I have joined as a graduate in the same post. Now the situation is- Recently the state department pass an order for enhancement of the staffs salary. In the order the department divides the staffs as graduate and under graduate. Now my office is not paying me the salary as graduate, saying that “ is there any rules/ judgment where the up gradation of qualification granted and paid the upper scale of pay?”

Now you kindly reply me, in which judgments/ govt. order I can get the reference to show in my office.

Ash   05 February 2013 at 23:53

Eligibilty for gratuity

Hello everyone,

I have completed 4years and 7months of service with one of the IT companies in Bangalore. The company works for 5days a week.

Am I eligible for gratuity?

Details are:

DOJ: 1st July, 2008
Last date: Jan 31st, 2013
Notice Period was from Dec 31 to jan 31, 2013

My ex employer says that it should have been 4years and 8months for me to be eligible. So far whatever I have read, there are two numbers doing the rounds: 240 and 190 days in 5th year. Any clarification/guidance in this regards will be highly appreciated.


Thanks in advance!

Brajesh Misra   05 February 2013 at 21:21

Regarding formation of a unioun

Dear sir,I would like to know that a person working as a line management(Area manager or regional manager) he is not promoting pharma product to the medical practitioner(doctor) in pharmaceutical company,he give a company to medical representatives in respective head quarters,can they cover under sales promotion employee(condition of service act)1976,can they treat as a workman under the above act,can they form a association?,if yes then under which section of trade union act they form an association
thanks
regards
B.Misra

TEJPAL SINGH   05 February 2013 at 19:49

Re-employment of ex-serviceman

Dear Sir,
I am an Ex-serviceman having discharged from IAF after rendering 20 years of service. After discharge from IAF, I had joined a Regional Rural Bank (R.R.B.) with a hope of equal job conditions. The probation period was for 12 months and with a condition, in case, someone wishes to resign he or she has to pay certain fixed bond amount and other dues as applicable. During this period, I had applied for pay protection / Pay fixation as per the norms in place like other Ex-servicemen employees of the bank who were about 2-3 years senior to me. But to my dismay, I had not received any response from the HR deptt. Their attitude had made me skeptical about my future with the bank. Even the Sponsor Bank of the RRB had not granted the same benefits to its Ex-servicemen employees till date despite all the laid down policies in place for the same. Had I continued their, I could have been confirmed in the job without granting the benefits which are attributable to an Ex-serviceman to date. The benefits of pay fixation / pay protection are provided to Ex-servicemen employees by many Nationalised Banks during their probation period itself. Therefore, I had resigned from the RRB during probation period after paying all the dues as admissible towards me and am in receipt of clearance certificate from them. Thereafter, I am about to join another Nationalised Bank after clearing IBPS exam to gain full benefits as admissible to an Ex-serviceman. Do I am eligible to join another bank under EXSM quota as I had not been granted my full benefits during my previous employment which was blatant deviation from the policies in place for the benefits of Ex-serviceman?

Aayushman Bharadwaj   05 February 2013 at 17:04

Shop & commercial establishment registration

Hello,

I am having a Proprietorship firm, which I have already registered it under Delhi Shop & Commercial Establishment Act. This registration I have done on my residential premises or my Residence office but I am operating it from another location/office which exist in UP.
Now my ques. arises that should I need another registration under UP Shop & Commercial Establishment or what?
Please provide me the solution for the same.

Thanks in advance.

Syed Tarik Raj   05 February 2013 at 12:55

Payment and increment after revoked of suspension

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.

chirag patel   05 February 2013 at 09:32

Reject of my application

In recruitment advertisement ONGC has asked that the candidate should have proficiency in 30 word per minute typing speed and other educational qualifications..........

My application is being rejected by ONGC with a reason typing speed certificate not attached......

They have not clearly specified that typing certificate required...they have stated that proficiency in typing should be there....

what is the real meaning of the word PROFICIENCY.......

can they reject my application

TEJPAL SINGH   04 February 2013 at 19:45

Re-employment of ex-serviceman

Dear Sir,
I am attaching a file copy of my query for your kind perusal and legal assistance.

With warm regards,

Truly yours,
Tejpal