K.S.Srinivas
11 April 2012 at 01:29
Contractor himself wants to work as contract labour when he has entered into agreement with the principal employer. Is permissible as per law and CLR&A Act.
trimurthy reddy
10 April 2012 at 20:46
Dear experts--
need uregent help as hearing is due on 26th of this month.
can you confirm the attched agremment can taken as valid doccument---even the following errors in original
1.notray person signture shows 15--of october and content written on 20th- OCTOBER--(means persons not presented while notary authority signs--
2.NOTARY DONE IN remote town of andhra pradesh -- but content shows MADE AT MUMBAI--
3.i did not find employer signature on this --unless the SURETY SIGNED BEHALF OF EMPLOYER--WHICH MENTIONED IN THE END --IF I UNDERSTAND PROPERLY(can be like this)
4.SURETY--second part of agrremnent can be signed behalf of employer---------------- i didnot find any signature of the employer in the agreement.
5.if the matter of conflict is under arbitration now--Could i send my relative as an agent an Agent --Is this fine practice (i feel nothing much to arguements-- beacuse-appointing a lawyer in mumbai will make around some 5-10k which gr8 part of total compemsation 75,000 and reason for invocation of claim is absent of Female employee on medical grounds-pregnancy with out notice--employee version-- company removed user account from web portal where she supposed to apply)
6.what will be chance of wiving/reducing the the liquidity amount if we contest this case in front of arbitrator --
with real factors like Medical grounds/pregnacy resons(reason for termination of employement is absent for duty with out notice--even verbal comuication was there prior to leave and once Medically fit i was ready to resume duties and -Met HR MANGER FACE TO FACE-he harshed/abused and told you are terminated but -no termination notice is sent to me in address mentioned in contract or regular mailing address))
please give your valuable opinions /suggestion for my hearing infornt of arabitrator is due on 26th of april..
bregards,
TR
selvaraj
10 April 2012 at 19:00
i was working in a company, the employer defaulted in giving two months salary and not accepting my resignation also,
i want my salary arreer and i want to resign.
what should i do, please advice.!
Deep Kumar Saha
10 April 2012 at 16:25
Dear Experts,
One of the employee of the Company is found to be involved with the business of the competitor company and providing business to other rival company's by using our specific customer base. Incidentally it has come to our knowledge from some print out where he is placing order on behalf of other rival company and as a result of the same he is not providing any business to the company where he is employed. Further , it is apprehended that the said employee is going to leave our organization as he is withdrawing all his payment and further taken employee loan.
In view of the aforesaid , the company stopped his last month salary for adjusting loan amount and further issued a show cause notice asking for explanation of his unjustified activity.
It is pertinent to mention here that as per term of service he can not be involve with the business of similar nature either in continuance of service or after ceasing to be an employee for seven years.
The company is not having any standing order or service rules except the terms of appointment as aforesaid.
Kindly give your opinion whether the company withhold his full salary towards adjustment of loan and what other remedies are available against such kind of delinquent employee and can company sack that employee without holding any inquiry and the admissibility of the evidence as the documents are print out of his e-mail and the purchase orders are attached to the mail and from the print out , how it can be established that this particular document is attache to the mail.
trimurthy reddy
10 April 2012 at 15:02
Dear experts, I need your suggestions on the following.
Case background: Employer sent a notice thru lawyer firm-- a liquidate damage claim-- on contract breach—
While offering employment from campus selection, employer took an agreement /contract on 100 Rs stamp paper—(which is having technical errors like stamp paper was brought on 10thAND notary authority signed on 15th(IT LOOKS IT WAS BLANK ONE –agreement was typed AND signed on 20th of same month ) and
I am claiming Content of the agreement null and void on the following reasons—
01. It was clearly one sided
02. it was having above said technical errors -- stamp paper buying date on 10th of October and notary authorized signatures date 15th (it might be blank typed with standard format but the ) --agreement notary signed authority was from remote town of Andhra Pradesh and signed in AP—But typed content of agreement says—MADE AT MUMBAI –ON 20TH (BUT AUTHORISED SIGNATURE SHOWS 15TH )
03. Mentioned training duration 12 months-in fact training was happened for one month training only they gave certificate of training completion from Coimbatore , tamilnadu and posted the job in Hyderabad where one year job service was given by employee.
04. In the event of dispute or disagreement over the interpretation or any claim liability of any part including the surety the same shall referred to a nominated person BY EMPLYER AND HIS DECISION IS FINAL AND BINDING UP ON PARTIES AND EMPLOYER ALSO TAKE ALL THE OPPERTUNITIES BY CLAIMING ALL THE ARBITRATION SHALL BE Mumbai-
MY QUESTION -IS THIS STANDS INFRONT LAWS OF INDIA ON NATURAL JUSTICE TO EVARY ONE) I feel arbitration or hearing can be where the employee performing duties or delivering the services at the time of disputes as I come across a case of same organization it can be America if employee working in US means)
FACTS:
After one year service employee was on leave for marriage and resumed the job after marriage—after working one month she again went on leave on–medical grounds and pregnancy reasons //she was absent for three months
SHE SUPPOSED TO INFORM OFFICIAL ABOUT HER SICKNESS WHICH SHE DID Y VERBALLY TO HR CO-ORDINATOR.
To make it official or written one they can cancelled her log in details so she cannot log in thru web portal where she supposed to apply/file a request for a written leave..
Once She cured she visited the HR MANAGER (PHYSICAL PRESENCE FACE TO FACE) ------ AND GAVE HER EXCUSES BY PRODUCING MEDICAL CERTIFICATES (TRUTHS) BUT HR MANGER WENT HARSH AND ABUSE HER WITH BAD COMMENTS ON PREGNANCY PROBLEMS-HE TOLD –SHE WAS ALREADY TERMINATED GET LOST FROM THE OFFICE—being a lady she took all the insults and back with empty hands –(mistake from our end we did not file a suite at that time on ground reasons a lady//respect on the firm which gave food for one year)
After 6 months of this incident the guarantee received a notice from employer representatives claiming liquidate damages 50,000 on breach of contract or agreement (which is having above technical errors) and guarantee replied after inquiring with the employee with support documents and requested the claimant to give her job back as she is ready to Join back and she was not working anywhere since the date of employer harshen staying at home only.
One and half year the claminat was in silence—no response to the guarantee reply
Now the case in front of arbitrator in Mumbai hearing is on 26th of this month –I am staying in Hyderab
I mean usually these type of contracts will stand in court or not?
Could i know the consequences and % of chances wining and loosing being a female employee-- i am looking for some what accurate --according i will prepare to fight the case or compromise---
jolly
09 April 2012 at 14:49
Does the ESIC inspector has the power to check the documents, contracts, rents agreement, ESIC challans of a company at the Pan india level or he can only do that for only one place??
manmohan
09 April 2012 at 10:13
my case status in high court is as follow
Status; Admitted(Unready)
Last date; 07/02/2011
Stage: For final hearng-HIGH ON BOARD
Last Corum: Hon'ble Justice P.B.Majmudar &
Hon'ble Justice A.A.Sayed
for the mention purpose I need format for
Precipe for circulation
please guide me
Dr. M.M.Ahuja
Vivek Jain
09 April 2012 at 10:04
I worked as an Assistant Manager – Purchase in a leading 5* hotel chain in India. In my appointment letter there was a clause of 6 months probation period initially with an option to extend the probation period if the management is not satisfied with my performance. In my case, probation period was extended for further three months with a reason that my performance was not upto the mark. Here I want to point out that my my performance appraisal was not done neither any KRA or KPI was given to me. My performance criteria were all verbal. At the end of 9 months of extended probation period, I was asked to resign on a ground that my performance was not good. When I declined to resign they hold me in their custody for three days and later on forcefully took my resignation as well as they forced me to write a letter where in they asked me to mention that I’ve made some procurement during my tenure which were well above the market price. However those purchases were made against the Purchase order which was duly signed by Finance Controller and General Manager. Since they had taken me in their custody, I had to write the letter so that they can release me. At the time of leaving my salary for two months was due apart from perks like Medical and LTA. After several requests for clearing my Full and Final Settlement thy send me a letter asking me to pay around Rs. 20000/- as they made a claim against me for around Rs. 80000/- arising from loss from procurement which was accepted by me in the letter and they adjusted my salary of two months from that Rs. 80000/-. I really don’t know how they have calculated the figure of loss. To contest this I’ve sent them couple of legal notice claiming my dues. Thereafter they replied me stating that I’ve accepted my fault in the letter and I cannot claim anything.
Now I want to know the following:
1) Can I file a case in court demanding my dues? If yes than which court Civil or Labour?
2) Is there any chances of winning my case inspite of my written letter lying with them?
sanjay pandhi
08 April 2012 at 08:59
dear sir
Indian railway train drivers are denied time break for food / refreshment / natural call. there is no provision in the rules. The Railways Act 1989 Chapter XIV have no provisions for time allowed for taking food/refreshment/natural
Call to Loco Running Staff as "Continuous" employees.
I am central working president of Indian Railway Loco Runningmen
Organisation(IRLRO) that is registered Non-political Trade Union of train drivers.
The Train drivers duty hours rules have no upper limit. All train (Goods and Passenger) drivers have to drive train upto designated station without any time break allowed for Tea/coffee, Meals and natural call etc. Round the clock. No rules / no provisions on this
subject and issue.
IRLRO would request for an advice on how to raise this issue before The NHRC, and can we get the reference of rules governing Time allowed for Breakfast/lunch/Dinner to employees in civil work domain.
In 1973 we had gone for railway drivers strike, and got written agreement of 10 hours duty with Mr. KV Raghunathreddy - Minister of Labour , this agreement was welcomed by the parliament on 14-08-1973. This agreement is still to the see the day of the light.
ILO have told us to represent to Govt of India, Min. of Labour.
We have won some cases with Chief Labour Commisioner on Hours of Employment and got orders in our favor, but Ministry of Labour have virtually no authority to order Min. of Railway to obey its directives, because two ministries are independent.
There is no independent Safety organisation, over Indian Rail Transport. The Commissioner of Rail Safety is only an investigator and adviser on rail safety. CRS can not order Indian Railways on any issue including safety issues.
There is no Rail Transport regulator where we can approach for redressal.
NHRC says it is a service matter.
Railway Board is like an organisation where it acts as Rule Maker, Rule Breaker , Police and Judge all bundled into one.
We have been trying hard, but due to exorbitant powers, like Business Head Chairman Railway Board is also The Secretary Govt. of India, empowered with powers to issue Gazette notification. CRB literally becomes the part of government, and all our efforts including judicial orders / parliamentary / Labour Min. / Protests / Hunger fasts are going for a toss, and we are feeling help less.
Now only few intelligent lawyers can help us.
1. A copy of the Reply submitted by Min. of Railways is attached here with in pdf format.
We need advice and help both.
We have very limited financial resources because we are already fighting 04 cases at diffrent levels from personnel collections by few leaders.
Regards
Sanjay Kumar Pandhi
Central Working President
IRLRO
Contact : irlrowp@gmail.com, Mobile - 09717632196
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Private teacher's leave
Pls suggest me how to take action against the teachers who are leaving the job without informing the school authorities, they have even not completed their service period of 11 months.