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T. K. Jacob   05 June 2012 at 15:52

Filling case directly by an employee in the high court with out prior permission

Sir,
Kindly enlighten me on the following case:

Our Institute is under the Indian Council of Agricultural Research (ICAR- autonomous body)under the Ministry of Agriculture, Government of India.
One of our permanent employees (Technical Officer) was suspended from service as a case was registered against him under Wild life act for poaching and killing a deer. He was granted bail by the Judicial First Class Migistrate. The Institute (Indian Institute of Spices Research, Kozhikode, Kerala ) charge-sheeted him and proceedings are initiated. He has directly filed a case in the Hon'ble High Court of Kerala for stopping the disciplinary proceedings and to reinstate him in service.

He is under suspension for more than 6 months.
Whether he can approach the High Court with out prior permission of the employer? and without approaching the CAT?
Whether we can call for an explanation from him for directly filing the case in the High Court?

Kindly advise me.
Thanking you in advance,

T.K. Jacob, Principal Scientist, Indian Instittue of Spices Research, Kozhikode- 673 012, Kerala. Mob. 09447539967

VAIBHAV JAIN   05 June 2012 at 15:04

Juniors grade pay enhanced

Respected Sir,

We are working in UPCL,Urja Bhawan, Dehradun as Assistant Accountant.
Our Scale of Pay as per 6th Pay Commission is 5200-20200 and Grade Pay is Rs 3000.
Recently in our Organisation the Data Entry Operators were demanding a cadre as they don't have one as yet. They initiated many correspondences with the Human Resource Department of UPCL and sought information through many mediums including RTI's.
There claims are under consideration in the Secretrait also and due to this their demands were placed in the 56th Board Meeting of UPCL in which their grade pay was enhanced from current Rs 2600 to Rs 3000, which is equivalent to the Grade pay of an Assistant Accountant in our department, whereas the responsibilities and the skills involved in the work of both are very contrasting and the post of Asst Accountant entails more skill and calls for higher accountability from all sections of the department.
The old scale of data entry operators was Rs 4200-100-6400 whereas the revised payscale is Rs 5200-20200.(Grade Pay 2600)revised Grade pay Rs 3000.
The old scale of Asst Accountants was Rs 4500-125-7500 whereas the revised payscale is Rs 5200-20200.(Grade Pay 3000)

In reference to the details cited above. we would kindly request your goodself to guide us in this regard as to whether we should also claim an enhanced grade pay which is Rs 4200 and what are the ways we can adopt to get our deserved grade pay.

Thanking you

Yours Sincerely

All Asst Accountants
UPCL, Dehradun.

chitra gupta   05 June 2012 at 12:11

In the name of compliance of hon"ble court order,employer is nowputting conditions before.......

The ill fated employee is a victim of conspiracy made by high level officials and been put under suspension since 2003 during sanctioned EL period at home town(.)The employer did not revoke the EL and the employee had applied to the appealate authority to consider the suspension order( without serving any show cause notice) and requested the authority to give him permission to stay at his home town during EL period to avoid double establishments(and also on security point of view)....it was never answered and the victim knocked the door of the hon" ble high court (WP was filed and now a sub- judice matter).The hon"ble court has now directed the employer to pay un-paid subsistance allowance(for more than 45months) to the pettn./employee within 3weeks without putting any condition(.) The employer/respondent has failed to disburse the un-paid sub.allowance within the schedule framed by the hon"ble high court and now asking the victim to visit its office and put signatures on some papers and to collect cheque(.)Earlier cheques were sent to the victim"s home town by regd. post(.)Now,question is.....can any respondent put pressure on the pettn.before releasing any sub.allowance payment cheque(as per hon"ble court order)and put condition which was never asked for...? we know that non- payment of sub.allowance is violation of ART.21 of the constitution where the victim/pettn is submitting non employment certificate on regular basis by post/fax/e-mail(.)plz. advise......future course of action....thanks in anticipation to all(>)

Subrahmanyam   04 June 2012 at 18:40

Professional tax

Is PT pay both as a director and also as an employee if the director is also a salaried employee of the company

Purshotam Ohri   03 June 2012 at 17:21

Pay scale case pending with supreme court of india

Sir,
With due regards, I want to know that when a case filed by the Union of India against the verdict of High Court is pending for the last 6 months in Supreme Court of India (SLP-CC) and has not been listed even after 6 months what should and will happen in this situation. Though staff side (we) has already file caviate but the copy of the SLP has not been handed over to our Council till date. What action we should initiate at this juncture. Will this over delay tactics will harm our case?
Regards.
Purshotam Ohri

sunil   03 June 2012 at 13:58

Liability under workman compensation act

Dear Sir,
Please guide us,

In factory site, workman’s met with the accident while going out after finishing his shift by the vehicle provided by the company.
Factory is not covered by the ESIC, because ESIC is not applicable in that area.
the Company has taken group insurance policy and open insurance policy for entire factory premises.
my queries are as follows;
1. whether company is liable to pay under workman compensation act,
2. if yes, then amount paid under workman compensation act can be set off against insurance claim payable under group insurance policy.
3. for workman compensation, whether the Company should take separate policy also to cover the liability under workman compensation,
4.whether open general insurance policy taken by the company will cover workman compensation liability
6. can dependent of family member /company make claim under motor vehicle act also in addition to workman compensation to claim from third party..
Kindly guide us in this matter.
Regard,.
Sunil

PRADEEP KUMAR SHARMA   03 June 2012 at 11:21

Defination of workmen

Hi
I am pradeep Sharma , I want to discuss about the definition of workmen,In our company we are having 35 staff in permanent Role , out of 35 staffs 20 staff are doing Clerical Job in sales /Accounts section rest of are doing supervisory work . They are having all commending power to control the labour . Their salary is also above Rs.11000/-. will come under workmen preview.

Regards
Pradeep Sharma

Harry   02 June 2012 at 23:22

Resignation


I am working for a company in Mumbai for about 9 years. I want to leave the company to pursue other opportunities.But the company is putting restrictions that i cannot work for any competitor for 3 years.
I am ready to give a 3 month notice and work till then.The company is forcing me to be sacked or sign a letter that i will not work for 3 years in a competitors firm.Is it possible for them to put a restriction on my career?

Devulapalli Subbarao   02 June 2012 at 21:04

Criminal case abouy misappropriation in postal department

Sir,
As AGS I had taken up one cawse of misappropriation in the Postal Deoartment of Rs 8 lakhs in sale of severa types of state exams forma by a Postal Assistant. i successfully handled the departmental case.But simultaneous Police case was lodged by department.The confession statement of the official was taken into cognizance by the Munsif magistrate court and punished official with 6 months jail. The advocate though advised by me did not offer defense witlessness and also not argued about handing over the stock of forms for sale to the official. However I got injunction order from Secession court staying the imprisonment order. can the official now raise all the points of defense which were not raised in the preliminary court. Please clarify.
=D.Subbarao Retired Head Postmaster Kurnool

Ankit Bidani   02 June 2012 at 12:29

Notice period pay calculation

Dear Experts

I've a query related to Notice Period Pay, I was working with a consultancy in Delhi headquartered in Kolkata.

As per my AL I had to serve 30 days notice to the company, but due to non availability of enough time I only served 8 days notice period and joined a new organisation.

Now when I applied for my PF the company has sent me a demand notice asking for notice pay. The notice pay has been calulated on Gross Salary and has few wrong dues mentioned. I spoke to the ex-employer and informed them that I have all intentions to clear any dues but the caluclation should be rectified first.

I requested them to calculate the notice pay on Basic Salary since they are calculating the balance leave encashments on Basic Salary and there is nothing specifically mentioned in AL about notice pay to be calculated on Gross.

But they are saying it is company's policy and threatning me that they will write to my present employer if I do not clear the dues.

To me it seems totally unfair that they are calculating balance leaves on Basic but notice period pay on Gross.

Please suggest what can I do to prove my point strong and are there possibilities of any legal problems against me even though my intentions are to clear the dues respective to right calculations.

Also, as per SE Act 1954 one has to pay notice amount equal to one month's pay. Should not we consider "Pay" as "Basic+DA" as per Minimum Wages Act?

Looking forward to some valuable suggestions.

Thanks
Ankit