Member (Account Deleted)
07 April 2012 at 18:31
I worked as Steno-Typist in District Court Sangrur & was retrenched in the year 2004 due to withdrawal of Courts.With the written promise of remployment on coming of courts.But they did not reinstate me.On enquiring they told me that due to pending of enquiry they did not reinstate me and you are an adhoc employee.When all other retrenched retrenched staff have been reinstate.And all the judges who have been dismissed in Ravi Sidhu case for which retrenchment has been made has been reinstated by Honourable Supremen Court.Pls guide me what can I do now with latest citations of Honourable Punjab & Haryana High Court and Supreme Court as Well.
Ramesh Kumar Bissa
07 April 2012 at 12:48
One officer has resigned in November 2004 after service of 19 years but before his release of Gratuity payment he requested for reappointment and managemnet accepted his request and reappointed him in April 2005.
Now He is claiming gratuity for Ist phase of service (1985 to 2004).
Till date no payment in this regard has been made.
Experts may kindly give their opinion in this case whether paymnet should be made or not to be made.
Sunil Kumar
06 April 2012 at 15:58
Hi,
My self Sunil Kumar from Ludhiana, I was working with
PRIMUS RETAIL PVT LTD. ( FORMERLY GITANJALI LIFESTYLE PRODUCTS PVT LTD.) Bangalore since 24th September 2006 to 15th April 2010 as store manager at their "Ludhiana" store, my epf no is KN/26154/0749, I was submitted my EPF withdrawal form along with all supporting documents to my employer in the month May 2010, but after so many calls & reminders company submitted my epf form to epf department on dt 10/11/2011, which i conformed through EPFO site, I have also registered Grievance online with EPFO department Bangalore on dt. 17/08/2011 Ref. No ROBGL/E/2011/05924, but after so many reminder I don't have received any answer from their side, during this time i have also try to contact with company people but unable to contact with them because all their contact no are not working, finally on dt 28/03/2012, i have received an replay from EPFO department against my online grievance that my Claim returned on 26-03-2012 since the employer is defaulter in remittances. You are therefore requested to contact your ex-employer. I have try to contact company people but their all contact no are not working.
Kindly suggest me that now how can I claim my EPF from department.
Also find below mention ref. Mail received against online grievance.
gms@epfindia.gov.in
8/17/11
to me
Dear Sir/Madam,
Your grievance has been registered in EPFiGMS vide Registration number ROBGL/E/2011/05924 and has been sent to:
Officer's Name :Sh K. NARAYANA
Address of the concerned Officer : EPFO, RO, Bangalore
Phone Number :08022238033
Email ID : ro.bangalore@epfindia.gov.in
Please quote the same in your future correspondence.
gms@epfindia.gov.in
Mar 28 (3 days ago)
to me
Dear Sir/Madam,
This is with reference to your Grievance registered vide Registration Number ROBGL/E/2011/05924.
It is informed that after processing your grievance,the following action(s) has been taken:
Claim returned on 26-03-2012 since the employer is defaulter in remittances. You are therefore requested to contact your ex-employer.
Therefore, we are closing your grievance from this office.Please quote the same in your future correspondence.
Dr Sangh Mittra
06 April 2012 at 11:09
Sir,
Is the major penalty of Compulsory retirement with disqualification for employment in any capacity in an Organisation
(which has adopted mutatis mutandis CCS (CCA) Rules 1965),
fully funded by the Central Government and a State within the meaning of Article 12 of the Constitution of India ;
served upon me legal as
"the compulsory retirement" is a penalty under Rules 11 (vii) of the CCS (CCA) Rules 1965
and "a disqualification for future employment under the Government" is found under Rule 11 (ix) where the penalty of Dismissal from service is served ?
This Question may kindly be answered as I have reframed my question to make it clear to the experts
Dr Sangh Mittra
05 April 2012 at 23:35
Sir,
Is the major penalty of Compulsory retirement with disqualification for employment in any capacity in an Organisation (which has adopted mutatis mutandis CCS (CCA) Rules 1965), fully funded by the Central Government and a State within the meaning of Article 12 of the Constitution of India ; served upon me legal as
"the compulsory retirement" is a penalty under Rules 11 (vii)
and "a disqualification for future employment under the Government" is found under Rule 11 (ix) where the penalty of dismissal from service is served ?
For Convenience of the Experts the Rule 11 of CCS (CCA) Rules 1965 is reproduced.
11. PENALTIES:
The following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on a Government servant, namely:-
Minor Penalties -
(i) censure;
(ii) withholding of his promotion;
(iii) recovery from his pay of the whole or part of any pecuniary loss caused by him to the Government by negligence or breach of orders;
(iiia) reduction to a lower stage in the time-scale of pay by one stage for a period not exceeding three years, without cumulative effect and not adversely affecting his pension.
(iv) withholding of increments of pay;
Major Penalties -
(v) save as provided for in clause (iii) (a), reduction to a lower stage in the time-scale of pay for a specified period, with further directions as to whether or not the Government servant will earn increments of pay during the period of such reduction and whether on the expiry of such period, the reduction will or will not have the effect of postponing the future increments of his pay:
[(vi) reduction to lower time-scale of pay, grade, post or Service for a period to be specified in the order of penalty, which shall be a bar to the promotion of the Government servant during such specified period to the time-scale of pay, grade, post or Service from which he was reduced, with direction as to whether or not, on promotion on the expiry of the said specified period -
(a) the period of reduction to time-scale of pay, grade, post or service shall operate to postpone future increments of his pay, and if so, to what extent; and
(b) the Government servant shall regain his original seniority in the higher lime scale of pay, grade, post or service.]
{Substituted vide the Central Civil Services (Classification, Control and Appeal) Amendment Rules, 2009 notified vide F. No. 11012/2/2005-Estt (A)}
(vii) compulsory retirement;
(viii) removal from service which shall not be a disqualification for future employment under the Government;
(ix) dismissal from service which shall ordinarily be a disqualification for future employment under the Government.
Provided that, in every case in which the charge of possession of assets disproportionate to known-source of income or the charge of acceptance from any person of any gratification, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act is established, the penalty mentioned in clause (viii) or clause (ix) shall be imposed:
Provided further that in any exceptional case and for special reasons recorded in writing, any other penalty may be imposed.
Does the last sentence starting with Provided.. and ending with imposed be taken as a sanction for combining two or more from the list of penalties under the heading Major Penalties?
shaik anas
05 April 2012 at 23:34
what are rights of a handicaped employee/officer in PSU's for harassment? and what is the support, government will provide?
Sagar
05 April 2012 at 16:08
Dear Sir,
I am in a difficult situation and I need your expert legal opinion on this matter. Sir, I have been employed by Private Coaching institution for last four months as Center Manager here. However, I have not been given my job offer later so far. Salary is credit so far, however, working atmosphere at my current job is worst and I recently get some better offer from another coaching institute. Now, I have not signed any document here, but at the time of interview, it was verbally agreed that there will be 45 days of intimation period to leave job. Now, somehow, my current employer has come to know that, I have got better offer from his competitor. Now, he is asking me to sign offer later. He had not credited my March month's salary so far, he generally credit salary after 10, to prevent someone to leave without intimation. Now, my question is: if I accept and sign offer later and then after getting my salary, if I leave my current job, then can my current employer take some legal action? Sir, please also note that, my current employer is not giving me Stamp Paper embossed offer later, he is just giving offer later mentioning some details and agreed matters between both the parties. So, can he take legal action without stamp paper embossed offer later? Please help me and show me the way to come out this situat ion, I will be highly obliged to you for the same.
kalpana
05 April 2012 at 14:40
my query is if the employer remains exparte before the commissioner can the commissioner award compensation to the employee when he has failed to establish he is the employee of the employer. can the commissoner look into any other evidence to prove that the claimant was an employee like FIR etc
isha
05 April 2012 at 14:34
Dear sir,
I have received gratuity amt from comp. but i m not satisfied with their calculation,kindly help me in gratuity calculation.
latest salary slip is as follows
1 T&D credits a
2 Lunch allowance b
3 conveyance c
4 event based payment d
5 hra e
6 base salary f
7 other earning g
8 p.f h
9 income tax i
Kindly suggest me that what all will be included in salary from the above heads
for gratuity calculation.
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Service law
X is appointed as a contract tutor in nursing college after passing through written exam & interview in 2004. She is entitled to regularisation after 5 years continuous service. But in 2008, a new rule was enacted by the health deptt demanding that a representative of DP & AR deptt should be present at the time of selection. This particular provision prevents the regularisation of X employment as the said provision was not included in the rule at the time of her appoinment in 2004. What are the remedies available for X? Is there any supreme court ruling which prevents ex post facto law from operation in service matter? Kindly help.