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

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kavksatyanarayana Online   29 January 2013 at 10:44

Contempt of court

sirs
departmental charges have been framed against an employee who is junior assistant in a.p.govt.and hence promotion to the post of senior assistant is not given. the employee approached the hon'ble court. the court passed interim orders as consider the case. the employer is preparing for appeal. in the meanwhile the employee approached the court for contempt and also filed caviate in high court.
can employee get the promotion?

Sudama Prasad   29 January 2013 at 10:08

Extension of period of contract

Appointed on contract basis by a nationalised bank as direrctor of training Institute run under scheme of govt of India.12 months contract period completed on 18.12.2012.For taking decision on extension of the tenure of individual directors their performance appraisals were to be submitted by the Regionalmanagers with comments to the head office before 18.12.2012 but due to delay submission extension has yet not been granted but under process.Please advise in this circumstances whether extension with back dated effect will be valid or the same would be treated as fresh recruitment which requires complience of rules regarding fresh recruitment like advertisement of vacancy,interview etc.
No. 2 -In above appointment elligibility criteria was 'retired bank officers under /upto 65 yrs age'.period of contract 12 months extendeble on management discretion.
Now,at the time of extension of tenure management considering only those who are not above 65 yrs.Is it not an abuse of discretion ? How it is logical & justified that a man appointed at 65 yrs age would remain of 65 yrs after serving for 12 months.Such criteria was never been intimated at the time of appointment or on any later date.Please advise whether legal remedy is available to those who are denied extension only on such age criteria.

Govindarajan   29 January 2013 at 09:47

Electronic attendance

Is it mandotory to get prior approval from government authorities to maintain electronic attendance ( Bio metric or Swipe Card ) and discontinue manual attendance . I want to know legal provision regarding this

GOUTAM ROY   28 January 2013 at 23:18

Set aside of an order

dear experts,
please mention case law in this matter:
can a competent court of law set aside the order of a disciplinary authority on the ground of 'not reasoned'?

student-----   28 January 2013 at 19:23

Info reg. government job/service w.r.to policecase

Respected Lawyers.
After 4 years of hardwork and after many attempts, I recently got selected in interview list for APPSC GROUP 1 services.(Interview on Feb 16,2013). I have 2 questions.
Q.1)On March 9,2012 due to personal problems, i had consumed alcohol with a friend. in a drunken state, i had committed a bike accident in which no body injured but a maruti car got damaged badly.i left the spot. on the next day, I pleaded guilty in a small court for which respected Judge had imposed fine of 450.
Now, I need to fill a declaration form before attending Group1 interview.
There are 2 columns in the form asking whether I had been convicted by any court of law & asking Thana limits in which i had postgraduated.

My question is if I conceal this information in the form(If i reveal then I need to face questions on the topic in interview)then is there any chance that it will show in police verification or not.
I had been residing in the same Thana limits for past 10 years.

Q. 2) In the year 2011, I worked in a Call Centre for 5 months.At the time of joining, I had signed a NonJudicial Bond that I will for atleast 1 year. But I break the bond.
In the Form for group 1, if I conceal this information will it lead to any trouble (as i break the bond they had not send me resignation or termination letter after i left the service)

please adivice to the 2 querries above.

Rakesh Kaushik   28 January 2013 at 18:10

Retaierment age

Dear Respected All,

Kindly updated me in private sector retarement age.if it incresse 58 year to 60 year.kindly provide me notification.

I am very Thankful of you.

Regards
Rakesh Kaushik

Andrew Michael Watson   28 January 2013 at 13:55

Weekly off

I work seven days a week. I have requested my superior for a day off per week as per the labor law but she refused. Please help me in how to move forward with this problem.

lava kumar kota   25 January 2013 at 18:29

Pension regulations in banking industry.

Dear sir
I am a bank employee. Following is a clause in pension regulations of the bank.
22. FORFEITURE OF SERVICE:
(1) Resignation or dismissal or removal or termination of an employee
from the service of the Bank shall entail forfeiture of his entire past
service and consequently shall not qualify for pensionary benefits;

The clause speaks about forfeiture of entire past service and consequent disentitlement for pensionary benefits in the event of resignation.

You are kindly aware that pension is an extended form of EPF in order to extend more safety to the individual and family of the employee.

Please clarify :

1. When an employee under EPF option is entitled to take back the employer's share of contribution upto the date of resignation, why the pension fund do not address to refund the share of employer contribution to the fund which is an extended form of EPF only.

3. I understand that people under new pension scheme are entitled to get the employer's share also. If so, why the employees who are continuing under these existing regulations are deprived of the refund of employer's share till the date of resignation.
4. The regulations do not contain provision for any amendment and do not discuss the scope of amendment to the regulations. Whether it estops the pension fund or the Bank from amending the regulations to protect the interest of the employees resigning from the services of the bank.

5. Whether the clause of non refund of employer's share of epf contribution credited to pension fund is universal across the banking industry.

6. Remedies open to an employee who resigned to the bank's services after more than 10 or 15 years of service and is deprived of employer's share of contribution to pension fund .

7. Whether framing of such regulation inconsistent with the welfare objective enshrined under labour laws of the country is considered as abuse of authority on account of privileged position of the employer in framing the regulations to the advantage of the employer.

8. Whether undue enrichment of the Pension fund/Bank by disentitling the employees concerned is not violative of principles of natural justice and doctrine of equity.

General feedback : Many employees after considerable service are leaving the banks without any benefit for the service rendered in the event of resignation. Resignation is not a negative deed or action that should invite such harsh treatment of disentitlement of past service and all other benefits.

Please address this aspect adequately and guide me in this regard.

Sandip   25 January 2013 at 10:28

Trade union

Can any body tell me is trade union applicable at Surat Sprcial Economic Zone?

student-----   24 January 2013 at 19:16

Do a small accident case will show in police verification

Nearly 10 years ago(during my college days)while driving a car my friend had commited an accident which caused damage to another moving car.At that time,my friend who is driving is under alcoholic influence and also he belongs to very rich family (Political).There were a total of 5 friends including me travelling in the car then. After the accident, we have absconded from the spot.

No person has been injured. The drivers father requested me to plead guilty before court on behalf of his son.
Inorder to claim insurance, the damaged car owner had filed a case in PS. I had paid a fine of Rs 550 then in a small court.
Now, I am preparing for IPS exam. If i donot disclose this case, will this case be shown in Police verification as I had been residing in the same PS limits within past 25 years?