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

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S K Krishnan   12 October 2012 at 12:58

I d act 1947

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

Terminal benefit

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

About service cerificate letter

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

B N KISHORE   11 October 2012 at 15:52

Relieving letter pending

I worked with an Insurance company till july 31st 2012.
later i have joined a Bank on 8th Aug 2012.
Till date I have not recived my relieving letter and F&F from insurance company.
I have sent a dozen mails regarding the same to the HR team and in reply they say that they are waiting for IT (laptop)clearence but i was not issued any laptop in the organisation.
Two months passed, i have received warning letters stating, termination of services or stopping salary etc. from the bank if the pending docs were not submitted in due time. (As per the bank process 60days is the time given to employee to submit all the pending docs)

it has become a big headache for me now..

can i file the case against the insurance company....?

raghavendra   10 October 2012 at 21:14

Termination

sir,

i have been terminated by the software company , my salary was 60000 peer month , i consult my lawyer and said i want my job back, he said we have to file case in labour court ,

is labour court has a jurisdiction or civil court , however my salary is 60000/- now , but my advocate says if u want your job back labour court only has jurisdiction , is true ?


thank you.

P K Pandey   10 October 2012 at 21:03

Pf rules for security services

Dear Sir, Plz tell me about the notification regarding PF Deduction on Basic Salary for Security Services

Ravi Shankar   10 October 2012 at 18:59

Stages of proceedings in labour court?

What are the stages of proceedings in labour court?

shailesh pandey   10 October 2012 at 15:03

Subsitence allowance

Dear Sirs,
Kindly advice regarding rate of subsistence allowance.
up to ninty days @50%
till 120 days @75%
more than 120 days 100% of basic + D.A.

whether it is as per law
regards
shailesh

madhukar   09 October 2012 at 21:36

90 days notice period

sir, I was employed in a Public ltd company (shares owned 51% by individual family) for 4 years( nove2008- aug-2012). in marketing as marketing executive. due to low salary. 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. company has recd. information in august7 about my propritory firm. they pressurise me to give confession letter on aug8 & i gave under pressure, subsequesntly i resigned on 30aug.send my resignation letter by post. 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). my questions are
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 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. then my query is, is it compulsary for me to give in writing to them & if i give in wrinting as 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?

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 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- this point actually constitutes cheating) & if so what will happen they arrest me & take to court within how much time?
pl suggest

A.Ramamoorthy   09 October 2012 at 16:50

Employees provident fund

Dear Sir,
I am working in a Govt.undertaking corporation from Sept.2007 onwards as consultant (Accts&EDP). my appointment is being approved by Board of Directors ( 4 IAS & 3 Non IAS). Initially i was appointed on contract with a fixed remuneration for one year and subsequently my remuneration was increased each and every year along with my contract period. my extension is from July,12 to June,13 with a consolidated pay of Rs.25,000/- PM. My terms of appointment is on REGULAR TIME basis with work allocation at par with regular employees. I am looking after accounts transaction and making entries in tally. Handling Internal,Statutory & AG Audit parties. taking care of all computer sytems. Since my service is on Regular time basis, i am not deducting any TDS, recovering EPF @ 12%. Now the new manager is questioning about the above 2 things.

I request the experts in this field to clarify me, whether i am eligible for EPF coverage,and exempt from TDS recovery, since i am working on all the days as per my order.

my email id is :armoorthy_akm@yahoo.co.in
A.Ramamoorthy
Consultant (EDP/Accts)
TAMCO LTD
Chennai 2