lissing perme
21 May 2012 at 10:08
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
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
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.
Rupesh
19 May 2012 at 17:39
Respected Experts,
In construction line, workers work more than 8 hours, In some cases overtime goes beyond the wages. Is EPF will be payable on overtime also. In my knowledge as per WAGES meaning overtime is not included for deducting E.P.F only on basis pay + D.A. is included for E.P.F. DEDUCTION.
Pl. clear the query
thanks & regards,
Rupesh Arora
Endra Patasariya
19 May 2012 at 15:35
Dear sir/madam
I have resigned from the Central govt service with request" It is requested that I may be relieved by 22/05/2012 , so that I can join my new assignment on 23/05/2012.
The institute didn't reply me and letter of resignation acceptance has not been issue till today.Can I join my new job the 23/05/2012 or not?
B.swarnalatha
19 May 2012 at 15:21
sir as i already mentioned my story,after submiting my resignation i started to join in another private college as my husband was unemployed,i was not given an acceptance letter at all and no notice period was also given .
B.swarnalatha
19 May 2012 at 15:12
sir i was working as a lecturer in a private christian minority college which is a permenent job with a government scale of hyderabad,from 1994 june till 2010 may with one year leave. i was forced by the principal to resign in the month of june 2010 as i informed that i was sick and could not join duty,but instead he asked to tender resignation letter which i did it in haste as i was sick and my late husband was also sick.then after sending the resignation letter through courier i started to a work in junior college and the same kind of harassemnt was going on there which made to realise that i need to go back to my previous college hence i gave a withdrawal letter within 2 months of my resignation. the harassment is that somebody teaches my back neighbours to observe me constantly and send my servant only at the time of my washroom inthe morning which is creating so much of disturbance and irritation that i was not comfortable to go out and because of this i started to have dysentery almost everyday.this kind of harassment is even going now and i lost 2 jobs because of this which is making me to loose self confidence and self dignity while teaching the whole issue is that i should not use my washroom properly which is making me not to speak english fluently as i understnad that with confidence we can easily speak good english.which is also making me to loose many things of applying for various mncs.sir i have not received any letter whatsoeve of acceptance of my resignation letter so what right do i have as of now.
B.swarnalatha
19 May 2012 at 13:23
i would like to know as to within how many days should a withdrawal letter of resignation be given as i had submitted my resignation in june 2010,and no letter of acceptance of resignation was sent to me.
Nick
19 May 2012 at 13:08
I want to appeal to supreme court against below order. Please advice.
1) What is the procedure to file a petition to supreme court from kolkata.
2) Who are the good lawyers in kolkata to file service matter petition to supreme court.
3) What are the chances against the below kolkara division bench order to get success in supreme court and approx time in supreme court to get this sort.
Please advice.
order:
The appellant is a primary teacher under the XXXXXXX Primary
School Council. The Council put him under suspension under Rule 7(2) of the West
Bengal Primary Education (conduct of service of Teachers of Primary Schools)
Rules, 2001, on the allegation that he was taken to custody by the police in a case
initiated under Section 304B of the Indian Penal Code, read with Section 498A
thereof. We are told, his daughter-in-law died an unnatural death in the matrimonial
home. The Council issued the order of suspension on September 24, 2009. He was
paid subsistence allowance to the extent of 50%. He was enlarged on bail. The
Criminal Court charge sheeted him, however, charge is yet to be framed. The
Authority subsequently enhanced the suspension allowance to the maximum limit of
75%. The Chairman was asked to assign reason for continuation of the order of
suspension. The Chairman passed an order expressing hisinability to withdraw
the same in view of the provisions of Rule 7(2) of the said
Rules 2001.
Being aggrieved, the appellant approached the learned Single Judge
unsuccessfully hence, this appeal.
Mr. XXXXX XX, learned Counsel appearing for the appellant contends
before us that duty of the Chairman, to form an opinion as to the continuance of the
order of suspension, is not an automatic process. According to him, so-called
reasoned order, appearing at page 25 of the paper book, would not depict the state of
mind, which prompted the Chairman to form an opinion against withdrawal of
suspension. Mr. XX relies on a Division Bench decision in the case of Birbhum District
Primary School Council & Anr. Vs. Md. Mokhtar Hossain & Ors., reported in 2009 (1) CHN 476.
He prays for setting aside the order of the Chairman with a corresponding order of remand so
that the Chairman could assign reason therefor.
Opposing the application Mr. X.X. XXX, learned Counsel
appearing for the XXXX XXX District Primary School Council contends that
the Criminal case is pending. The allegation against the concerned teacher is serious
in nature hence, the Chairman was right in extending the period of suspension. Mr.
XXXX further contends that formation of opinion under Rule 7(2) would
relate to enhancement of the suspension allowance. In the instant case the appellant
got the maximum benefit when his suspension allowance was enhanced to 75% and
he cannot make any grumble out of it.
Mr. XXX XX, learned Counsel appearing for the State adopts the
submissions made by Mr. XXX. According to him, the Council has taken a
right decision to wait for final decision from the Criminal Court.
We have considered the rival contentions. Paragraph 23 of the decision in
Birbhum District Primary School Council (Supra), being apt herein is quoted below :-
23. There can be no guidelines laid down in a strait-jacket as to how an appointing authority should
deal with the suspension of a primary teacher where the suspension commenced by virtue of the
deeming provision in Rule 7(2) of the 2001 Rules. The conduct of the appointing authority would be
justiciable and open to question in proceedings under Article 226 of the Constitution. It could well be
that in a given case the prolonged suspension on account of sheer inaction on the part of the
appointing authority may be unjustified. The period of suspension should ordinarily not be
unnecessarily prolonged but it could also be that plausible reasons exist for the prolonged suspension
and the appointing authority may be able to justify its opinion that the suspension needs to be
continued. Merely because a suspension that commenced under the legal fiction in Rule 7(2) of the
2001 Rules continues for a long period would not invalidate the suspension or lead to any conclusion
that the duration of the suspension stipulated in that rule is till the release of the primary teacher
following the detention. The fact that the provision is prone to misuse will not have a telling impact on
the purport of the provision or in the matter of construction thereof.
On a combined reading of the paragraph quoted (supra), it would appear that
formation of an opinion should also be made on the continuance of the order of
suspension. In our considered view, it could not be restricted to enhancement. The
question of enhancement would only come, once the period is extended; hence it is
correlated. The Council is regularly paying 75% of the monthly salary without
getting any corresponding service from the concerned teacher. Hence, the Council
must satisfy itself whether such continuance is necessary or not.
Coming back to the factual matrix involved herein, the concerned teacher
is charged with a criminal offence; said to be an incident gruesome in nature;
allowing him to join his service might carry a wrong signal to the society. It is too
early to form an opinion in this regard allowing him to join his service. It could only
be reviewed in case it is found that the Criminal case is being unnecessarily dragged.
We hope and expect that the order of dismissal of the writ petition,
impugned before us, would not preclude the Chairman from reviewing the situation
with two years interval. We also hope and trust, the Chairman would definitely
consider each and every aspect and form an opinion, being backed by cogent reasons.
We do not find any scope to interfere at this stage.
The appeal fails and is hereby dismissed without any order as to costs.
Urgent xerox certified copy of this order, if applied for, be given to the
parties, on priority basis.
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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