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

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Yashpal   12 July 2012 at 08:08

Technical resignation

Respected sir,

I was on deputation to Navodaya Vidyalaya Samiti (Central Government Organization under HRD Ministry)from Sainik School Sujanpur Tira (Autonomous body,sainik school society under Ministry of Defence)

Later on my deputation i applied for regular post of Principal in navodaya vidyalaya samiti through proper channel of sainik school department and on my selection I submitted a tecnical resignation.

On submission of technical resignation the sainik school sujanpur tira did the following deductions:

(i) 3 months salary deduction.
(ii) 50 percent deduction in mgt share of Contributory Provident Fund
(iii) 50 percent deduction in Earned Leave encashment

Please clarify that if these deductions are according to the law or rules and regulations. Kindly cite the order number and reference too.

Thanking you in anticipation.

Regards
Yashpal

ravi   11 July 2012 at 17:43

Pay protection

respected sir,
i was previously working with an uttar pradesh state govt undertaking and was getting 22280 basic salary(that was 16880+5400)in pb3 15600-39100+5400.
now i have joined an uttarakhand govt undertaking in pb3 15600-39100+5400.
there i m getting a basic salry of 21000.
am i applicable for pay protection rule.
if yes how 2 apply for this.
kindly give reference of the concerning GO's

Varundev Nair   11 July 2012 at 16:51

Termination dues from organisation

I was working as Regional Head with monthly salary of 38000/-. After my 21 months of service to my organisation.

Our project was to complete on the 31st Mar. On 29th Mar afternoon I received termination from director mentioning all baseless issues which was not right.

I didn't receive any intimation from organisation that my agreement ceases by the end of March 2012

I am requesting for one month extra pay as I received the termination without any notice period.

I like to know is I am eligible to go compensation and let me know how to proceed legally.

Pathik   11 July 2012 at 16:27

Want to get back money from consultent

Situation is: I have paid Rs.35,000 to a visa consultent for applying visa for canada. He told that total process time is 8-10 months. I have wait for 2 years but my application for visa is not opened by canada immigration department. So I talk with consultent and we cancel the application. He told me that he will give me total fees back that is Rs. 35,000. But he is not paying me. I am waiting since 1 year but the situation is same. We do not have any legal agreement on stamp paper but we have agreement on his latter pad that in case I fail to get visa then he will give me money back. I have paid him by cheque.

My question: Should I take legal action against him?

Anil Pawar   11 July 2012 at 13:54

Gratuity

Sir,
i was in service in one company from jan 06 to aug 11,
the company had given me appointment letter on the name of its sister compnay who is the dealer for compnay products.

the appointment letter doesnot say about PF/& Gratuity eligibility,However company is paying pf of other employee
i was not getting PF

NOw I have the experience certificate of teh company for my service period,
so i wish to apply for gratuity, can i do it

secondly, the company was giving me full payment without any break up of salary like basic/hra/da/etc for 4-1/2 year, but for the last 6 months befor my leaving they made basic and da very low, so which amount i should apply for claming gratuity

thirdly is there any gratuity application form or we have apply on plain paper

pls advice me

thanks

Anil Pawar   11 July 2012 at 13:47

Gratuity

Sir,
I was working with one of the BSE/NSE listed tractor company from April 1983 to march 1993,
I resigned and went abroad.therefor i couldn't settle my gratuity claim
After coming back to India, i came to know that this gratuity still due to me..
In the mean time, before last three years company was over taken by competitor,
The name of the company and its brand name,/product name is still same and company is in existence,But the managemet is different now

please advice me can i claim the gratuity now in 2012, for the period of my service 1983-1993.
Thanks

Mukesh   11 July 2012 at 08:51

Punjab shops and commercial establishment act

Please do confirm whether the provisions of the Punjab Shops and Commercial Establishment Act are applicable to private education institutes situated in rural areas.

If yes, under which section. Please also quote any citation/notification, if any, thereon.

Prabhat   10 July 2012 at 11:35

Transfer case to other court

High court has a power to stay or transfer the case to other court of Labour matter U/S 28 of wages Act. Which are currently run on Deputy Labour Commissioner Court.

P.ESAKKIMUTHU   09 July 2012 at 16:51

Criminal proceedings and domestic enquiry

The Supreme Court as well many High Court has ruled that when the charges in the criminal case and domestic enquiry are same, the domestic enquiry must be stayed .In one case FIR alone was lodged and charge sheet not yet prepared by the Police handling the criminal case.I contend that the domestic enquiry must be stayed in as much as a criminal case on the same charges is pending as FIR.Is there any specific judgment that when FIR/Criminal proceedings also is filed/pending, the domestic enquiry dealing with the same charges in the FIR must be stayed

maria   08 July 2012 at 18:18

Export houses

What are the various laws that a export house has to look into India?