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

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P.ESAKKIMUTHU   28 October 2012 at 19:59

Tamilnadu shops & establishment act

When once termination order is set aside by the Authority under TN Shops and Est.Act,it follows he is entitled for reinstatement with back wages though this relief is hidden in the set aside order.And hence petition u/s 33(C)(2) of ID Act is the only recourse to compute the money value of the back wages and to decide the gainful employment or otherwise during the non employment period.But a claim was filed in Labour Court, the Court dismissed the claim stating that termination order is only set aside and there is no order for reinstatement with back wages. Any citation for computation of money u/s 33 (C)(2) when termination order is set aside by Authority under TN Shops & Est.Act.?

I have one citation 1981 Lab.I.C 493.But details such as name of the party,court,judge and date are not available .Also the decision is not available. Any body can give full decision of this citation please.

Deeptendu   28 October 2012 at 17:04

Bonus provision for contractor workers

Please suggest whether an organization exempted from payment of bonus act 1956 are having any obligation to implement or consider the demand for bonus by the contractors workers as a principle employer.......

anil mishra   27 October 2012 at 21:58

Pf withdrawal after termination

Dear Sir,
I hv 2 queries.Kindly reply to both.

A-Management has awarded me punishment of "abandonment of job" after domestic enquiry which is being challenged by me in the labour court.
1-Can I withdraw my PF amount as after 2 yrs of non contribution I will not get interest?

B - Dy Labour Commissioner has issued Recovery Certificate against company for an amount of Rs 600000/ for non payment of my Salary/Subsistance allowance during enquiry period.RC has been sent to DM-Mumbai.
2-What can I do for speedy recovery of the amount?

Hardik Desai   26 October 2012 at 17:25

Company laying of employees

The company is an IT company and its current practice is that in case it does not require employees then they put them on bench and pay salary to employees for 3 months and then stop paying them thereafter saying that no work allocation has been done for more than 3 months hence no salary will be paid but employee will be on payroll till he himself resigns. Whether this is legally correct? There is no agreement between the employee and the company for such terms and conditions
Further the rumors are that the company will be shifting its operations to another location and at that time will lay off employees whom it feels are not required without any compensation and to others it will give option for relocation if they wish to and in-case they don't wish to relocate no compensation will be paid .The company is profit making and listed company and closing down operations at this location is just business decision.
The appointment letter wordings for reference are as follows :

During your employment with the company ,you will be liable to be transferred or deputed to any of the offices,departments of the company or its associates,subsidiaries or group companies whether in india or abroad
In the event of transfer or deputation of your services your salary and other benefits will be determined in accordance with the company's policies prevalent at that time

Are the actions of the company correct and as per law ?
What rights does the employee have to safeguard his /her job and what are the remedies available ?
Whether a company can lay off employees without paying for any compensation?

bharath   25 October 2012 at 18:41

Regarding my final settlement

Dear sir,
As i have resigned from my previous company due to some personal problems.While joining in the company i have signed on a bond for 18 months,apart from that there is no notice period.After resigning in my previous company they are asking for one month notice period money i have to pay for them other wise they will not do my Full and final settlement.In offer letter also the notice period it is not mentioned.
So am looking for solution whether i need complaint in labor court or what i need to do.

Sir i have worked three years , i have not braked the bond.



Awaiting your earliest reply

sachin   25 October 2012 at 17:14

Employer has not either provided pf account no or pf statement

Dear Sir,

I am working in a govt.organisation on the rolls of a private Limited Company from almost last 3 years. Till date the company has not provided me neither my PF account no nor PF Statement apart from this they have also not provided me my appointement letter. Whenever I have asked about the same they says we will provide you soon.
Even I have talked to the Director of the company for the same but he use to say that kindly contact to the concern person and the concern person says i will provide you sooner. But till date i have not received any thing.
When today again i asked to the director i threated me that he will sack me from the job.

Kindly guide me what to do now.


Thanks & Regards
Sachin Kumar

Manzoor Ahmad   24 October 2012 at 22:45

Regarding salary

I am working in a school.I got an appointment letter contain terms & conditions . Salary is not given as per terms & conditions.Now i want to file a case for it.Were i will file it either in labor court,District court or High court.Is any court fee applicable on the above case.Plz reply

watchy   24 October 2012 at 15:43

Legal position of major

Please help me with this question

"You enter into a contract with Rohith to repair his computer. After you have worked for two days Rohith informs you that he does not have money to pay you. You then discover that Rohith is only 15 yrs old ;his parent did not know the computer was broken and are not prepared to pay for repairs"

Discuss your legal position in full.

Ajay Kumar Prasad   24 October 2012 at 14:52

Parmanent

Dear Sir

I am working with GOI on contract basis.4 yrs. complete. I want to know am i get on regular basis job on that post?
What procedure for that?

Ajay Kumar

Arun   23 October 2012 at 16:37

Employee transport

Dear Experts,

We are running a Call Centere and providing pick up and drop facility for our employees.
However there are some employees not availing the Transport facility and using their own.
We take responsibility for the people who are availing transport facility till they reach home,
Kindly let me know the status of people using their own transport, do the company is resposible if anything happens to them on the way or if the swiped out and left from the company the resposibility lies with them.

Please clarify.

Thanks in Advance.