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Legal Quagmire   09 January 2013 at 18:08

Gratuity benefits to estranged husband

Hello,
My father, a central government employee, took my mother another central government employee as his second wife, without seperating from his first wife. He then abandoned my mother more than 16 years ago. My mother in her original nomination papers filed at her office had mentioned my father as the beneficiary of her grauity funds. However, after he abandoned her, she changed the beneficiaries to me and my sibling, clearly stating that only we are to receive all her benefits and that our father should not receive any. She passed away a couple of years back while still in service. My father, retired, is now claiming that he should also be eligible to her benefits after all these years. What does the law stand on this? Is there any way we can prevent him from claiming the benefits? Any help is much appreciated.

shiv ranjan   09 January 2013 at 12:45

Job not confirmed from last 1 and 1/2 year

I have been working with a company for last one and half year.In joining letter it has been mentioned that
1.I will be on probation for 1 yr.During probation either party can leave/terminate by giving one notice period
2.Upon confirmation , either party will have liability to terminate this offer by giving three month notice or three month pay in lieu of that.
But I have not got any confirmation letter till the date.
Now I want to leave this organization by giving one day notice.What should I do.every sentence is confusing in this offer letter.
what is meaning of one notice period?

John   09 January 2013 at 09:59

Regarding technical resignation

Sir,

I have served in DAD under Central Government from 2005 till 12/2011. Again on selection in a higher pay post applied through proper channel, my request for technical resignation was accepted by my parent dept and I Joined in Central Secretariate. As my initial joining in governemnt is in 2005 I come under NPS. I applied in my present department to issue necessary order counting my previous service in DAD. HOwever higher authorities are insisting that exact rule where the counting of previous service is explicitly mentioned must be produced.

I am presenting

1) CCS Leave Rules- unintrrupted Central goverment service the leave is allowed to carry forward to new service.


On counting my previous service only I will be eligible for applying other central government posts taking the benefit of age relaxation for a central government employee having served a minimum of years of uninterrupted service.

Hence it is earnestly requested to experts to give advice and send the link of any order available for the above quory at the earliest please.

Bhaskar Ghosh   08 January 2013 at 14:40

Suggession

1. I am a central government employee
2. My Head of the Department is a vindictive person and has an ulterior motive to impose penalty on me on me by hook or by crook.
3. His vicious mindset is exposed when he has initiated an investigation against me on flimsy ground and issued me a memorandum which is full of inconsistencies.
4. On the basis of the inconsistent investigation he has issued me a show cause notice along with a document which is also full of inconsistencies and not in sync with the investigation sought for.
5. Whatever reply I give, it is bound to dissatisfy him and it is presumed that he is going to issue a charge sheet on its basis.
Now I would like to know the following from you:
a) Whether in reply to my show cause notice I should plainly deny the charges without pointing out the inconsistencies, as one of my colleague has suggested me that if I do point them out at this time he will rectify them immediately.
b) Moreover, he suggested me to point out the same after the issue of the charge sheet or after the penalty is given in the court of law. My friend and some of my colleagues are also facing a similar treatment under him.
c) Please suggest me the right course of action as the HOD is such a person who is hell bent to penalize me and some of my colleagues irrespective of any logic or reason, in which case we have to take recourse to the court of law.
Suresh

k c sahu   08 January 2013 at 13:51

Id act

The Section 10 ID depends on a valid dismissal of the respondents, which in turn depends on the result of the section 33(2)(b) proceeding. If the latter is stayed then can the ID proceed?

AMIT KUMAR SHARMA   08 January 2013 at 12:12

Torture by seniors.

Dear Sir,

I am working with a Private Company since Nov,2007 and every year I am getting only B+ grade with lowest increment and no promotion I have got yet.

Every senior give me extra work as well as my reporting boss. When I asked my head of department and my boss reason for this torture they told me we will continue the same If u want u can left the company and no need to come since tomorrow.

1. Can I take any action on the same?
2. Can I give reply of “no need to come since tomorrow” on same time to my boss?
3. If I revert to them of their torture, 4. Can they take action against me through HR Department.

If HR Department takes any action what should I do to save my job.


Please help me.


regards

Avinash Mishra   08 January 2013 at 01:04

Non payment of salary

Dear Sir/Madam
I was working with a small web development firm in Delhi. On Mid of September 2012,I informed my firm that I am not going to work further with the firm(orally) and hence post 20 days i left the firm. Then i told him to clear my salary which was not paid to me since August,2012.But they did not pay and told me to come to their office and talk to the firm lawyer.I also visited the company with a lawyer and with the help of both the lawyer,it was agreed that the firm will pay me the remaining salary on 7th Jan 2013.A written confirmation on the letter head of the firm, duly signed by both the lawyer and the firm mentioning the date of payment (7th jan 2013) was given to me in the month of november,2012.But,when i approached the firm on 7th jan, they told me to talk with the lawyer of the firm. when i refused,they told me that they will not pay any money as he suffered loss due to me.
I am a layman and I don’t know where and to whom should I approach???
Kindly help me to recover my money.
Thank you

Pradeepkumar   07 January 2013 at 14:30

Over time for admin dept. staff

Dear Sir,

In our company some of the staff relating to Admin Dept they have doing over time work and taking over time wages also. As per the payment of wages act this staff are eligible for OT ?

Please advise me

Thanks and regards

anil verma (registeronlyfree)   06 January 2013 at 21:40

Remand on summary trial.

sir one of my case has been reemanded by high court to labour court to redecide a lehal issue of workman in which details findings were not given in earlier award. is it necessary to produce evidence in this summary trial as it is purely a question of law whether medical representaives are workman or not.
pl guide.

MRIDUL BHARGAVA   06 January 2013 at 13:36

Service tax query

An amount received from the government in installments by Public sector undertaking for implementing e-governance project in Govt. departments. PSU further assigns that work to specialized agency to execute the work. In this process, PSU earns some percentage as income like 5%.

Question :-

1. What is the service tax liability for PSU?
2. Whether Service tax is applicable on the Income part only or the gross receipt amount received from Govt.?
3. Service tax applicability at the time of receiving advance from Govt. or at the time of billing to sub-contractor.?

Thanks in advance!!!