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Harinder Sharma   05 April 2012 at 13:50

Case related with service matter

Sir,
Main apne case k bare main advise lena chahta hoon kripa kar k mujhe batayen k sevice metter k case k liye punjab and haryana high court main best advocate koan hain saath hi fee vi cheap ho.mere case main Low merit wale candidate ki merit high dikha kar appointment di gai hai 2006 main.mujhe abhi dec 2011 main RTI k Jariye pata laga hai.jabki meri merit usse high hai.Please aap muzhe is k bare main advice den.

Thanks!

Manoj Pal   05 April 2012 at 13:00

Registration of security agency.

Dear Sir,

I want to open a private security agency in Madhyapradesh, What is the legal requirement for that and registration of security agency in different govt offices. Kindly guide me on this matter.

Thanks

Manoj

Rizwan Pathan   05 April 2012 at 11:25

Applicability of wc

Dear Experts,

WC is mandatory for all the employees

can be interchange with mediclaim?

Please clarify.

Regards,

Rizwan Pathan

malipeddi jaggarao   05 April 2012 at 08:57

Re: applicability order of hc issued in individual wp to all the aggrieved parties

Dear Experts

I am retired Bank Officer under Compulsory Retirement and denied pension option on the similar grounds expressed in a Writ petition before AP High Court by one of the Andhra Bank Officers. The decision is favourable to the employee. Though I have filed Writ Petition for reinstatement, I have not yet filed any writ challenging the denial of pension option.My writ for reinstatement is pending and not yet listed. However, whether the order of High Court in another writ petition is applicable to me also? If so what are the steps to be taken. I am enclosing the order in the attachment. Please guide me properly.

Manoj Sinha   04 April 2012 at 22:01

Family definition


What is the definition of family in case of West Bengal Govt. service matter. Is the grand child is family member in case of service matter .

Rajan S   04 April 2012 at 17:46

Paid leave encashment

Dear Learned Professionals,

I need clarification on paid leave salary. for a person employed in a factory which comes under factories act, at the time of separation from factory, his/her paid leave balance say 15 days, shall be settled in gross salary or basic salary. if the salary components is like this
Basic 3000, DA 2000, HRA 4000, Conveyance 1000. please clarify on this.


Vivek Jain   04 April 2012 at 17:29

Full and final settlement

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?

P.ESAKKIMUTHU   04 April 2012 at 08:40

Conducting cases in 2 forums

Our union is conducting permanancy of workmen cases in 2 forums one before the Central Govt.Industrial Tribunal under ID Act.1947 and another one before the Dy.Chief Inspector of Factories under TN Industrial Establishment (conferment of permanent status to workmen ) Act.1981. In 2004-3-LLN-598 PARA 35, THE hc cHENNAI has held that there is no exclusion provision in either Acts .Hence I presume there is no bar in conducting in both forums. Recently I come accross a judgement of Justice Mr. K.Chandru of Madras HC that one decision in one forum will automatically terminate the proceedings of other forum when one case is conducted in 2 forums.Kindly clarify the position with ref.to decisions of HC/SC

anubhav goswami   03 April 2012 at 20:20

Termination because of misconduct/was forcing earlier to serve notice period

hii sir

my manager was forcing me to serve the notice period and was also using abusive languages which i had all ready reported to 3 senior managers and hr recruiter but in a span of 3 months nothing happened......kindly suggest me what should i do and also how much i would be getting the reimbursement in F&F.

thanks a lot

rohit gupta   02 April 2012 at 19:34

Issue pertaining to probation and notice period

Hi

Ive been employed with one of the media companies in Delhi and was working there for 8 months.
I had resigned for a better opportunity with a notice period of 20 days. During my tenure of 8 months I was not confirmed as an permanent employee, in other words, was still in my probabtion period.

Mentioned below are the exact terms as mentioned in my appointment letter with ref. to "Probation and Confirmation" and "Seperation" . Request you to please go through this

Probation and Confirmation
You shall be on probation for a period of six months or more, at the discretion of the management with effect from the date of joining. During the period of probation your services can be terminated by the Company without any notice and without assigning any reason whatsoever. You shall be deemed to be continuing on probation unless you are confirmed in writing, after satisfactory completion of the probation period.

Seperation
The employment can be terminated by either side by giving three months notice or three months basic salary in lieu of notice. Such notice will not be necessary if your services are dispensed with for commiting acts of misconduct.


As you can notice here, there is no clear indication where the company is stating that a three months notice has to be served even before probation.

In this context they have cut my three months basic salary for not serving 3 months notice. Where as i was of the view that I can resign by giving at least a months notice (from an ethical stand point) because I was still in probabtion.

KIndly suggest if there is a law which states that either of the parties can terminate employments without giving notice before probabtion. And whether my employer has created such an appointment letter to create a grey area in relation to this issue. and can i take legal action against them.