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
lalremsanga
07 April 2012 at 20:42
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.
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?
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