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

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vamsi   31 August 2012 at 21:41

Job under compassionate grounds

Respected sir, my name is VAMSI KRISHNA, my father is an employee in Andhra Bank, deceased in 8-1-2001. His name is (At that time he is working in Andhra Bank Kannavarithota Branch GUNTUR as cashier-cum-clerk). After death of my father we get some amount around 3 lakhs only, and also i applied for my father job under compassionate grounds, but still now there is no reply from andhra bank branch, at one moment we got a letter from Andhra Bank Head Office , Saifabad HYDERABAD initiating that we are eligible for Ex-gtratia consult and to approach our branch, immediately we consulted our kannavarithota brach manager and applied for Ex-gratia, afer completition of 3 months we again went to our branch and enquired about Ex-gratia, at that time they told that you are not eligible for Ex-gratia thats y u didnt get any amount.we also asked them to take out the full file of my father. But still now we didnt got any either job or exgratia in lieu of appointment from Andhra Bank.Here our bank union leaders are also not even telling us anyway and not supporting us so, please kindly do justice for us and kindly show any of the way for either getting for job or exgratia for us sir. Thanking You Sir, Yours faithfully G.vamsi krishna

raghavendra   31 August 2012 at 18:39

Reinstatement

sir,
i was working in one multi national software company , i have been terminated from the service , then i filed the complaint before labour commissioner , now management raised the issue of workmen ,they says i am not a work men because my salary is higher that 10000/- if labour court is not having the jurisdiction which court has jurisdiction to reinstate me to my job,


please advice me

STUDENT....   31 August 2012 at 17:53

Service in bpo

Hi Team,

We al know about MNC Compnies running BPO's in INDIA.

In BPO Sector an employee has to contribute more than 8hrs in the organization in my company its 9.5 hrs in office + 5 hrs of Company travel both up and down and he/she gets a 2 rostered week off's from the company and the company also ask the employee too work in Night Shift as well as on gazetted holidays like (26th Jan, 15th Aug, Diwali and so on....) and company claims that the employee can take a compansetory off on behalf of the gazetted holidays if incase the employee has worked on that day which company never issues to all of his employee.

My Question is it legal to allow BPO/MNC to run there company in INDIA and is there any provision in Labour and Service Law?

Working for more then 8hrs and on gazetted holidays is legal?

weettute   31 August 2012 at 11:38

Service agreement

I have joined a private IT company. My service contract and appointment letter have a clause that if I leave the company before completion of 1 year from the date of joining I shall be liable to pay the company an amount equal to 3 times of my gross monthly salary. The company also incorporated the same clause that even if it terminates me for any reason it reserves the right to recover from the the same amount in addtion to other costs like training, cost of hiring etc. I did not realise the consequences of this clause as I did not have intention to leave the company before completion of 1 year but now i observe that company is trying to find fault in my work to prepare an excuse for terminating me.
Will the company be successful in recovering the amount from me legally if it terminates me for any reason.
Whether any such condition is legal and binding on employee as normally the companies are bound to pay the sum equal to notice period if the employee is terminated but in my case the company has incorporated clause which goes in its favour in both the cases.

Pl reqply with your expert advice quoting the relevant law.
Thanks
MAQ

sankalp   30 August 2012 at 17:42

Service bond for training employees

Sir,

We are sending some employees for training in abroad. We want to retain them after imparting training therefore we are making a madate to sign service bond in this regard.

Can you please provide me with the latest judgements (both favourable and unfovourable on management) on the above mentioned issue regarding the authenticity and legality of service bonds.

aloktyagi   30 August 2012 at 17:11

Government employee can undergo llb through distance mode

hello. whether a government employee who has just joined d service is permitted to persue bachelors of law through distance mode or not .if not then any other way in which he/she can do LLB while doing his job ..the job timing in government sector is from 8 am to 2 p.m..thanx

Keyur   30 August 2012 at 16:37

Regarding missappropriation of funds and relieving from duties

hi,

i had availed a loan facility of INR 2 lacs from my employer towards payment of security deposit for my flat in mumbai. since the time of disbursement of the loan i had been reguraly paying up the interest part for availaing the facility. I had paid interest for approx 28 months.

recently i had resigned from the employement. as per the appointment letter i had to serve 90 days of notice or payment in liue of 90 days. i had served 14 days and requested the management to relieve me. had also communicated to them that i am willing to pay up the shortfall in notice period. all of this is documented on offical mails. on the 14th date of my notice period i had informed my management that i woulld not be attending work from the very next day.

Now the management has issued me a notice via email that i have to pay up the loan amount and that if i do not pay they will file crimical suit against me. i had replied that the same be adjusted against my recoverables (Salary + leave encashment + LTA) and then if any amount is pending i will pay the remaining potion.

the management is not ready to process my full and final settelment and has tagged me as absconding from service and also they want me to refund the 2 lacs of deposit.

can you pls guide me on the mentioned

1. can they initiate any criminal suit against me
2. they are not ready to process my Full and final and provide me with reliving letter, can i not pay them the security deposit till the time they process my Full and final settlement


regards

Ashish Kumar   30 August 2012 at 16:34

Pending salary

Dear Sir,

I already mail the notice to the management regarding pending salary and having tel. discussion with C.E.O. but no response.
Kindly guide me.

Thanks
Ashish Kumar

lissing perme   30 August 2012 at 09:19

Guidance


Respected Experts,
In M.B. Joshi And Ors. Etc. Etc vs Satish Kumar Pandey And Ors. Etc. ... on 15 October, 1992 it was held that
>It is a well settle principle of service jurisprudence that in the absence of any specific rule, the seniority amongst persons holding similar posts in the same cadre has to be determined on the basis of the length of service and not on any other fortuitous circumstance.
Is this judgment overrule???

zubes   30 August 2012 at 08:17

Transfers and postings

Dear Esteemed Experts,I would be grateful if you could provide me with assistance in a grievance that i have.
My Husband is a Group A official in the Government of India,and I also work with the Government of India in Bangalore. A year ago my husband was transferred to Tamil Nadu even after he made a representation that his wife was working with the Central government.He made this representation in accordance with the Office memorandum 28034_9_2009-Estt.(A)(please find attached) which states that a couple serving in the Government of India should be posted in the same place.My office is not there in the area where my husband is transferred and hence i cannot seek the same.
Now after a year transfer orders came in which my husband was ignored again,even his colleague who has more service left and, whose wife is working in a PSU with a branch in the place of their transfer,was transferred back home.
I have a couple of questions.

1. Can i file a CAT Application as an aggrieved party in Bangalore or that should only be done by my Husband (that too in Tamil Nadu or can he do it in Bangalore - our place of permanent residence)?
2. Should i file it stating the Office memorandum 28034_9_2009-Estt.(A)or should i state the case of his colleague?

Help would be much appreciated. Thanking you all once again.