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

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raviprakash   27 November 2012 at 19:57

Honoring of cat order

Hello,

Pl advice me on the following:

One of friend approached CAT which gave upheld her application and ordered the Department to implement and pay all the dues within 60 days.The Department went to High Court where the writ petition was not even admitted. Now the Department is contemplating to file SLP in the Apex Court. Pl inform me:
1. Whether she can approach CAT for contempt of court
2. Whether the law provides the Department to approach the Apex Court after being rejected in the High Court
3. If answer is yes what is the time limit for filing the SLP.
4. Is the Dept bound to implement the operative portion of the CAT order and then alone go for SLP

Regards
Ravi

varun singh   27 November 2012 at 00:01

My previous employer denies to pay my salary

Hi,

I am very frutrated my previous employer denies paying my 1 months salary 30000/- for month of july 2012.
I started working for Khandwala security from 2nd july till 1 aug 2012 with in this period i found out the co is not paying salary and several are employee leaving company and he was asking me to do unreasonable works which are not related to me and overworking for all the project in absurd very short period and they are very bad employer and the working condition were bad because of that on 1st aug i approach to director and said i like to resigne and ready to serve notice period first he tried to stop me but after seeing my determination he said i will not pay your salary afetr that i said how you will not pay and you have to pay by hearing that he called security and ask him to throw me out. i never been humiliated and this kind of treatment after my good work he said you have not worked for which you are assigned and thats why you dont deserve any salary.
after four months he replied to my mail and said by resigning after 1 month you company suffered loss becaus they hire new employee afetr 3 months and for that i owe him 2 months of loss and hence you dont deserve any salary and will not be paid any salary and false acuses me of misbehaving with mgmt.

what are my options how can i get my salary i reside in mumbai kalyan.

Please advice i am in dire need of help.

Varun singh
8108027309











Hardik Desai   26 November 2012 at 19:18

compensation to employee on discontinuance of buisness

my father had tax consultancy buisness and he had one staff member and one peon. he expired last year and i sold the buisness to someone else and he does not want to retain the employees. Gratuity act is applicable to employers having more than 10 employees if i m not wrong. My question is whether i need to make gratuity payment to both these employees and also pay compensation seperately for discontinuing employment as i personally have closed the buisness. How should the gratuity be calculated in such case and is there a compensation liability legally to be paid and if yes how the same should be computed? Please advice

HARVINDRA   26 November 2012 at 11:19

Delay in full and final

Dear Sir,

My earlier company has not cleared my Dues even after 5 months of LWD. I am regularly following them through mail and phone but everytime inform that it is under process. Can i take any legal action against them for dues as well interest on dues.

Pradeepkumar   26 November 2012 at 11:15

Mutual shift adjustment - reg

Dear Sir,

For one year how much days we are eligible for mutual shift adjustments ?

gouthami   26 November 2012 at 04:26

One year salary stucked at central government

Dear LawyersclubIndia,
I worked for a contract based project under Department of biotechnology at an Institute(name not revealed) New Delhi. system works as mentioned. Fundingagency is DBT. It release funds yearly to host institute viewing progress of the project. For silly reason, my employer at institute didn't attend the meeting. so DBT hold up the release of fu nds from which I have to draw salary. such delay was continued for one year. the project was completed in july,2011. employer said as soon as fund comes she will deposit in my account, Its been one year comleted. i am calling employer and dbt frequently. every time I receive no proper reply or to wait. I am frustatd. its an central govt. department showing negligence. I am paying huge rate of intrest for the loans made during that duration at delhi. Now I am at orissa. who will pay this intrest. reasons or negligence. why i have face financial burden becaus of someones silly at this i am in doubt whether they will give or not ? please mention what to do . Shall I go to tribunal or human rights commission or court for sooner immediate action. I shall be grateful if you mention the way of proceeding too.
thanking you.

Amit Kumar Sinha   25 November 2012 at 13:13

Suspension

An employee was suspended in contemplatioon of a departmental enquiry. However he was not even issued a charge sheet for about 1 years. He was also not been paid any subsistence allowance during the period of suspension. After 1 year his suspension order has been revoked.
Is he entitled to full salary for the period in question.

k r purushothama rao   24 November 2012 at 20:15

New pension scheme-2004

Govt of india inroduced new pension scheme effective from april 2004 but till date the scheme is not fully finalised Though i retired on 31st january 2012 i am yet to receive my monthly pension recently i was informed that Govt has decided to refund 60% accumulation from pension fund account in respect of employees superannuated on retirement Though i submitted my application sometime during june 2012 i am still to receive my payment status with respect to balance 40% amount is not known meanwhile my employer has denied payment of gratuity stating that payment of gratuity with respect to new pension scheme govt directives are yet to be issued and case will be considered after the issue of orders how long we need to suffer to get our money if govt cannot finalise even after 8 years we dont know how many years still they require how far govt is justified in implementing such vague schemes and harass employees to get their due benifits why they should compell us to invest in mutual funds and take riskswhat is the remedy for all this mess
kr purushothama rao

abhi   23 November 2012 at 21:34

Working hours

we are working in kerala education department as Night Watchmen. Our working time is 4.30 pm to next day 9.30am. we only getting one weekly off and 15 days holday off for an year. No other benefits are given to us salary scale is same as Last Grade Servents. There is any scope for a benefit in working time or salary ?

mrinal kanti naskar   23 November 2012 at 16:19

Resignation of pharmacist

i am a registered pharmacist of west bengal,working in a medical shop for last 4 years. Recently i received a good offer from a mnc to join. Hence, i made up my mind to quit the job. So, i gave my employer 1 month prior notice before resignation.after 1 month was over i submitted my resignation to my employer.he rejected it & asked me to stay with him for next 6 months . he has not increased my salary for last 2 years.
I approached drug inpector & informed about this matter .he said he will not be able to help me & told me that until & unless ,my employer gives me release letter i will be at his mercy.
Can any Employer compel any of his employee to remain with him as long as he feels without any contract ?
please help me in this matter.
thank you.