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ARUN BIKASH SAMANTA   22 May 2012 at 18:47

C.l ( r & a) act

INTRODUCTION
We are a private limited company engaged in operation and maintenance activities in various power plants in India. Our scope of works covers entire range of activities relating to operation and maintenance of power plant. This is not a cost plus contract. Our fees is based on the long term agreement entered between the two parties. To perform this activities we have our employees on roll and also engage sub contractors with due permission of the principal employer (PE). We have obtained license under C.L ( R & A) Act,1970.
FACTS
One of our PE is asking the following information showing the reasons that being the principal employer; they have the authority to scrutinize the documents for their satisfaction in terms of statutory compliance.
1. Various records prescribed under Contract Labour ( R & A) Act, 1970.
2. Wage register of our employees maintained under the said act.
We are producing all records to the PE as maintained under Contract Labour ( R & A) Act, 1970, except the wage register. The salary and wages paid to the employees( under our roll) is strictly confidential and we do not want share with the PE. We are submitting the wage register of the subcontractor to the PE for their verification.
In this context, we have told them that we will maintain wage register for the workmen whose salary is less than Rs.10,000/- as per the definition of workmen in the C.L ( R & A) Act and produce to PE.
PE is asking for wage register for all employees, even if they are not covered under the C.L ( R & A) Act
QUERY
1. What is provision for maintenance of Master Roll cum Wage Register as per the C.L ( R & A) Act.
2. Can PE insist on submission of wage details of those employees who are not covered under C.L ( R & A) Act.
3. What should our course of action.

dhaneshn   22 May 2012 at 16:39

Service bond

Sir,
I have joined a PSU last year, and submitted a 4 year bond of value 2.5 lakhs.
During checking of the bond after 5 days of joining they found some mistakes and told me to go home and correct it.
So they gave leave and i went to home. At the same time I got another good PSU offer and i joined that because there is no bond in this PSU and location wise this PSU is good for me.
So I sent my resignation to previous PSU, but they are telling you have to join or make payment of 2.5 lakhs.
Actually original bond is with me and they are having only photocopy of that.

So is the bond is still valid???

Please reply soon....as i am in trouble now..

Anuj Jain   22 May 2012 at 12:18

Regarding reliving letter from company



Hello, I am anuj jain . I am working in Company Central for Development Of Telematics ( central gov. organization). I did not like the work here so i was trying other company and i got Other company so i resigned here on 11th april 2012 with 1 month notice period according to rules but they did not accept my resignation . Actually On 26th march 2012 from office lab company test mobile got lost. So they told me until the mobile enquiry will not complete we will keep ur resignation on hold. I used that mobile on 25th march 2012 and after used it i left it in office lab and left from office when i left there were 2 people there in lab. So if something is lost from office than how i will be related to that they are spoiling my career. i have to join my other company by 28th may 2012. My reliving date was 11th may but they did not relieve me and now they not telling any date of reliving

This is detail of all wat happen:

26th march : mobile found missing

11th april : i resigned from job

17 th april: On 17th april they given me 2 letters one is for keeping my resignation on abeyance. In other letter they told me to lodge FIR for lost mobile and if mobile will not trace the i have to pay the money they said in the letter.

24th april: i replied to letter as given : Sir, The above noted missed Phone was for general use by all the employees deployed on the project and not under my charge. Further I kept the same on 26.03.2012 as usual as per Procedure of department. Moreover, I had already informed the management regarding missing of the telephone instrument on 27-03-2012 and, therefore it was the onus of the administration to lodge the FIR with the police and also to take suitable departmental action i.e. preliminary enquiry etc. Thus how an employee under whose the above phone instrument was not in charge could be held responsible and be asked to ledge FIR. It is a matter of great surprise that management has not taken any action with regard to missing of telephone instrument right from the date i.e. 27.03.2012 on which I gave in writing to the management and issued a letter when I tendered my resignation on 12-04-2012. The above action of the department shows that the management is feigning to detain me as also to keep my resignation in abeynce, besides harassment and to torch my mind. I therefore again request you kindly to accept my resignation w.e.f. 11-05-2012 and relive me from my duties. Further I assure the department to co-operate in the enquiry if any, conducted by the management. After that i did not get any replied from them just they put the FIR after my letter . after that i mailed them 2 letter again but i did not get any reply for my reliving ..
After tat also i submitted 2 letters to them and requested to relive me but i did not get any response.
I am not getting any point if something lost from office how employee like me is responsible for that and that is also after office hours.

So pls help me out what should i do now i am just starting phase of my career and this is very important time for me to build my career. so pls help me what i do now if they not relieve me. I tried to convince other company but they are not allowing to join me without reliving letter. I also want to know that as i am already completed my notice period and i am still going office so if i stop going office will it create any problem for me and if i find any job and they allow me without reliving letter by showing resign copy and all proof wat i have then it will create any problem in future for me.

NITIN   22 May 2012 at 09:58

Kul kayada (7/12 utara related) book

Good Morning !!!

Indeed I want to ask you that my father wants to know about Kul kayada & all information related to 7/12 extract. Their forms, Documents & letter formats of Affidavit & Indemnity Bond & other related stuff. Also procedure where to submit & whom to submit i.e. Authorised personnel.

For this we need a book which should be in MARATHI Language. can anyone suggest us the book name & its author name ASAP.

Awaiting for the reply.

Thanks,

Nitin

Anuj Jain   21 May 2012 at 18:59

Regarding reliving letter from company

Hello, I am anuj jain . I am working in Company Central for Development Of Telematics ( central gov. organization). I did not like the work here so i was trying other company and i got Other company so i resigned here on 11th april 2012 with 1 month notice period according to rules but they did not accept my resignation . Actually On 26th march 2012 from office lab company test mobile got lost. So they told me until the mobile enquiry will not complete we will keep ur resignation on hold. I used that mobile on 25th march 2012 and after used it i left it in office lab and left from office when i left there were 2 people there in lab. So if something is lost from office than how i will be related to that they are spoiling my career. i have to join my other company by 28th may 2012. My reliving date was 11th may but they did not relieve me and now they not telling any date of reliving

This is detail of all wat happen:

26th march : mobile found missing

11th april : i resigned from job

17 th april: On 17th april they given me 2 letters one is for keeping my resignation on abeyance. In other letter they told me to lodge FIR for lost mobile and if mobile will not trace the i have to pay the money they said in the letter.

24th april: i replied to letter as given : Sir, The above noted missed Phone was for general use by all the employees deployed on the project and not under my charge. Further I kept the same on 26.03.2012 as usual as per Procedure of department. Moreover, I had already informed the management regarding missing of the telephone instrument on 27-03-2012 and, therefore it was the onus of the administration to lodge the FIR with the police and also to take suitable departmental action i.e. preliminary enquiry etc. Thus how an employee under whose the above phone instrument was not in charge could be held responsible and be asked to ledge FIR. It is a matter of great surprise that management has not taken any action with regard to missing of telephone instrument right from the date i.e. 27.03.2012 on which I gave in writing to the management and issued a letter when I tendered my resignation on 12-04-2012. The above action of the department shows that the management is feigning to detain me as also to keep my resignation in abeynce, besides harassment and to torch my mind. I therefore again request you kindly to accept my resignation w.e.f. 11-05-2012 and relive me from my duties. Further I assure the department to co-operate in the enquiry if any, conducted by the management. After that i did not get any replied from them just they put the FIR after my letter . after that i mailed them 2 letter again but i did not get any reply for my reliving ..
After tat also i submitted 2 letters to them and requested to relive me but i did not get any response.
I am not getting any point if something lost from office how employee like me is responsible for that and that is also after office hours.

So pls help me out what should i do now i am just starting phase of my career and this is very important time for me to build my career. so pls help me what i do now if they not relieve me. I tried to convince other company but they are not allowing to join me without reliving letter. I also want to know that as i am already completed my notice period and i am still going office so if i stop going office will it create any problem for me and if i find any job and they allow me without reliving letter by showing resign copy and all proof wat i have then it will create any problem in future for me.

Subramani   21 May 2012 at 16:31

138 of negotiable instruments act due to breach of contarct


I was working with company in 1 year contract and i executed bond of Rs 1 Lac . But, i left the company in 1 month less than 12 month and stopped The payment of 1 lac. Now, i was called to court to answer the same stating that (Section 138 of Negotiable Instruments Act).

What will be implication due to this. Is this really a valid scenario...or what would be my action on this.

Please help me in this regard.

Member (Account Deleted)   21 May 2012 at 15:30

Appointment letter



Suppose an employer does not issue any appointment letter, does not maintain any attendance register and also does not issue any pay slip but pays salary in cash / cheque. What is the remedy available to the employee, if his service is subsequently suddenly terminated by the said employer. How in such a situation , employee can proof his sertvice record in that organisation to his new employer and how he can fight before a court of law?

A.K.Maitra


lissing perme   21 May 2012 at 10:08

arbitary transfer

Respected Experts,

I have been transfer 3 time in one year by govt.Is there any citation by Supreme Court and High court which prohibit such transfer.Please attach citation.
Please suggest way to fight with such injustice.Please suggest with leading cases by Supreme Court AND high Court.
Thanks in advance.

Member (Account Deleted)   20 May 2012 at 12:29

Gratuity

Suppose decision was given by ALC& C.A. in favour of the employee to release the gratuity unlawfully withheld by the employer.Since the time-limit to file the appeal was over, ALC issued a show-cause notice to the employer asking them to explain why attachment order should not be issued to them for not complying with their order.Subsequently, employer filed an appeal against the said order of ALC by filing a writ directly before the High Court and requested ALC not to release the payment till disposal of the case.No stay was granted by the Court.Is the ALC justified in not implementing its own order on the plea stated above? Kindly advice.

C.A.A.K.Maitra

Rajiv Mani   19 May 2012 at 20:50

Deduction in full and final settlement

Dear Sir,

I was working in an organization for 04 years, and left the company after giving my resignation. However during the time of appointment my appointment letter stated that i need to give 02 months of notice period.

BUt I gave them only 14 days of notice period. I had my leaves like ML ( non cashable and other comp offs pending )For that decision they had deducted half of th amount of my full and final settlement.

There was nowhere written or any verbal message was given to me that if i do not give them full notice period time then they will deduct from my salary otherwise I would have served the notice period.

Kindly advice.