sanjay kumar
14 October 2012 at 19:47
who is the legal representative after the death of that person in up govt service?
is there daughter's son is legal representative when nobody is present to claim it?
madhukar
14 October 2012 at 17:13
Dear sir,
I was employed in a Public ltd company (shares owned 51% by individual family) for 4 years in marketing as marketing executive.( nove2008- aug-2012).
Due to low salary & my higher finacial need. i have started my own propitory firm in jauary 2012 in my name. & started manufaturing a similar product that my company make & sold in market to same customers. my company has recd. information on 7th august about my propritory firm. they pressurise me to give confession letter on 8th aug & i gave under pressure,( later they want me to sign indemnity bond, i cinsulted a lawyer he said this bond if i would sign i will became slave to them forever & adviced me to resign) subsequesntly i resigned on 30th aug. send my resignation letter by post.& other letter asking to return my confession letter. company not accepted it & send me legal notice on 10 sept stating 1. cheat to company & compete the company product 2.breach of employement conditions 3.not served advance notice of 90 days as per appointement leetr 4.not hndover work charge.
i have not replied it then after 1 month oct 3 they lodge police complained aginst me. police called me & taken my statment ( where i said i will close my firm & will not manufature & sell the product for three years).
In my appointement letter following conditions are mentioned that 1.you will not be engaged directely or indirectely in any work,buisiness,and trade of any kind what so ever or carry out other assignement except with prior permission of company 2.you should not compete the same product which the company or their designated site is manufacturing & marketing anyware in india or at global market even after resigning the job from company. if you do so the company is eligiable for componsation or loss of business & profits occured due to use important information to market or manufacture the similar product for our competition 3.you should not disclose any information regarding the affairs of company, which comes to your knowledge during the period of service. 4 your appointement is revocable giving three months prior notice by employee or by payment of 3 months gross salary to the company.
Now my questions is
1. 90 days salary i have to repay company? ( thats what company ask now)
2.company wants me to give in writing that am closing my exisiting firm & will not make same product & any of companys product for three years that company makes( this is what company want from me in writing on indemnity bond). & company will take legal acton if i violate so. 3. i will maintain company secrecy.
Is it compulsary for me to give in writing to them & if i give in wrinting as asked above & tomorow if i start propritory firm with someone else name but handled by me then am i in fault? if company knows in future that am involed in, then can they take criminal & civil action against me?
now if i refused to pay 90 days salary to company & giving in writing on indemnity bond what they want,then can police will file 420 case.( i already told them that i am closing my firm in ten days time) & if so what will happen can they arrest me & take to court within how much time?
Police has asking some money from me to help me.
pl suggest
Atul
14 October 2012 at 13:49
Dear Sir,
I have an offer from MNC and new organization want to join on 30/10/2012 and if i don;t join on this date than offer will be cancelled .I have sent resignation by mail to my manager and got reply on 12/12/2012 that i have to server 3 month notice periods but i don't want to server this.I talk to my manager but he can release me after 2 month.
my question is that:
1: If i join new organization on 2nd November without releaving letter that my current organization can deduct my PF and my salary and other reimbursement.
2: actualy my salay come into my account 1 of month if after that i send a mail that i want to sick leave for 15 days and after 15 days i send again a mail that due to health problem i can not continue to my job so please release me from my job during this periods can i join new organization on 2nd of november.
3: Can my current organization take any legal step ?
4: Give me any suggestion so that i can join new organization.
Regards,
Atul
CA Sahi Singla
13 October 2012 at 16:37
Sir, please consider my case of recruitment by a State govt Depatment. Please suggest me.
1. In November 2011, a notification was issued by the department for the appointment of 3 officers in General category & 3 in Reserved. Selection was merely on the basis of written test held in May 2012.
2. I was not eligible bcoz of my age, so i didn't apply.
2. Result declared in June 2012 in which 10 candidates got qualifying marks that is more than 50 out of 100 against 3 vacancies.
3. Recruitment process over in July 2012. And posting orders were issued for first 3 candidates having marks 60, 58, 56 out of 100 respectively. All were General category. None got qualified for Reserved category.
4. In august 2012, 2nd addvertisement was issued by same department for the recruitment of 3 reserved category officers.
5. Three days after issue of 2nd Add., a corrigendum was issued stating that General category students can also apply even if there is no post because candidates selected in 1st recruitment have yet to join. So, posts may increase. As a result i applied for the post in general category & got the admit card on 30th september 2012 for the written test to be held on 14th October 2012.
5. Today i came to know that one of the candidates selected in 1st recruitment have not joined the department. As a result, the department on 3rd october 2012 has offered the same post to the candidate getting 4th rank in 1st recruitment.
I feel that injustice has been done to candidates like me whose test is on 14th october 2012 due to following-
1. Posting orders were already issued to First 3 candidates. It implies that, 1st recuitment process was over
2. I was issued Admit card before making offer to 4th candidate. Then he shouldn't get the offer.
3. Marks of 2nd recuitment candidates should also be considered before offering post to 4th candidate. As i might get higher marks than him.
Please suggest, whether i can approach Judiciary in this regard. And what can i do
jayesh sinha
13 October 2012 at 15:22
can sc/st candidate can take admission to unreserved seat on merit and after take admission the unreserved seat do they have to forgo benefitd of sc/st.
secondly can an st candidate can take admission in sc quota if unreserved seat is unavilable
Girish Sharma
12 October 2012 at 15:57
One of my friend joined a company 7 months back. At the time of the joining he was told that they are having the probation period of 3 months. If three months will pass away & you will still be working here then you are understood to be confirmed. Now its been almost 7 months there. He has been not told to leave from there. thou he has not got anything written about anything till now. He has not got any kind of offer letter or so like other employees working there more older than him. Shud he be scared off now to be thrown out just like that or he shud remain there as confirmed as verbally told to him by the top managemant & Managing Director over there. Also in case he is told to leave then what are his legal rights.
S K Krishnan
12 October 2012 at 12:58
the petitioner was working as Manager but divested of all functions and was asked to report to another Manager, after 2 months was terminated. Does the petitioner come under the definition workman since at the time of discharge he was just a glorified clerk without any functional responsibility or any work assigned to him In fact he was casual worker had to do whatever was assigned to him from time to time.
Can anyone help with case laws
subhra
11 October 2012 at 21:52
in case of resignation within how many days the terminal benefits should be released?
if not released is the employee legally entitled to get any compensation from the employer?
tushar
11 October 2012 at 16:20
Dear Sir/Madam,
In my company, there is rule that if any employee left/resigned from organisation within 1 year, he/she will not get experience letter and relieving letter.
Whether this is against any govt law?
What action can be taken to get experience letter & relieving letter from that company.
Regards,
Tushar
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p.f and esi
Dear Sir,
P.F and ESI fall under labour law.
could you please tell me current rate of P.F
and ESI . To my knowledge P.F is 12% of salary . what is defination of salary.
and what is defination of salary for ESI.
Employer and employee contribution.
Please tellme in detail about those.
Thanking you
Imran Ahmed