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karan   02 April 2012 at 18:44

Slp and caveat

We have won a case in Punjab & Haryana High Court(Scales). Office side has filed SLP in Supreme Court. It got diary no. on 5th January 2012. After removing all deficiencies got registered on 10th February, 2012. Although we have filed ‘CAVEAT’ in the court. Neither we have not received any notice in the case nor have they got date in the case. Our CAVEAT’s date is going to expire on 6Th May. My questions are:
1. Do we have to file ‘CAVEAT’ once more?
2. For how long will they continue to drag this case in this manner(not giving notice to us and getting the date for the SLP).

RAMESH K   02 April 2012 at 18:22

Leave for upsc examination

Sir,

i am permenant employee of State bank of india, working in coimbatore i need leave for 6 months from may to october for 6 months for upsc exam (IAS IPS), my service conditions entittled me for study leave of 6 months for any examination purpose. if my leave apllication rejectted by my higher authority where should i approach to get remedy or if there is any chance of me be punished by the bank if i take remedial measures.

Suyash Kumar   02 April 2012 at 15:03

Regarding claim for ta,da

Sir,I am a Central Govt.Employee.I went for an official work(Temporary duty)to my home town.I this regard i want yo know that whether i can claim for TA & DA.

Sanjay Tiwari   02 April 2012 at 13:41

Salary pending

Respected sir / Mam,


I am Sanjay Tiwari i had work with IBMR gurgaon. my salary was Rs. 37000/ per month and company is not giving salary in last two month i want take legal action .
Sir pls tell me it case is civil court or labour court.

Regards
Sanjay Tiwari

AJAYKUMAR NAIR   01 April 2012 at 22:23

Pf withdrawal


I am an HR working for a private company.

This company hired a labour contractor in 2005 and the contract ended on 2007. Company has all PF contribution paid challans paid during that period.

This contractors has not submitted PF Return since 2001. This contractor is not traceable now. He has sold all his property's.

Now the employees who were on the contractors roll are working the the company now. These employees have submitted PF Withdrawal forms to PF Office.

PF Office has rejected all applications because the contractor has not submitted PF returns since 2001.

Company has submitted PF challans, form 3a and 6A for employees working on their site. But still PF Office is rejecting the forms.

Since PF contribution has been paid during that period why PF office is refusing to clear the claim.

What options are left with the employees.

Dharmesh   01 April 2012 at 19:16

Basic for bonus working

MR. A BASIC 5100/- + 4900 ALLOWANCES

10,000/- TOTAL MONTHLY SALARY

HE IS WORKING 15 DAYS IN ONE MONTH ( HE IS WORKING SINCE 5 MONTHS CONTINUES SERVICE)

HOW MANY BASIC CONSIDER FOR BONUS CALCULATION

5100 BASIC / 30 DAYS * 15 DAYS = 2550/-

OR

3500 BASIC / 30 DAYS * 15 DAYS = 1750/-

WHICH AMOUNT CONSIDER FOR WORKING OF BONUS ?

PREM   01 April 2012 at 16:45

Can deptt transfer me while case in progress?

Dear helpful Lawyers..I Won a case thru Hon'ble CAT in a service matter(posting on deputation for 3 yrs to abroad).Order passed on 26-April-11 quashed the wrong selection of low merit candidate, directing my Govt. deptt. to take me in his place. But till date Deptt. has not complied with the order, rather filed a WP in HC in Sep 11, to stay Hon'ble CAT's order, and I guess my deptt. is intentionally not moving d case knowing their un-lawful stand/base due to which they shall again loose in HC. I think they have been passing the time to transfer me away from my place as transfers may start from April 1/2 week of this year.Can they transfer me when the case is in progress and moreover when I have taken up my case as party in person?Is there any remedy in the periphery of LAW?Few local lawyers told me that they cannot, as it shall be clearly a malafide action on their part.Pls clarify..

Anuj Garg   01 April 2012 at 15:45

can company force employee to serve the full notice period

Dear Experts,

I need your opinion based on laws exists in India. Can company force an employee to serve the full notice period even he is willing to pay the short fall of notice period?

As per company, required notice period is 3 months but an employee wants to give notice for 45 days and ready to pay the balance short falls. If company deny to accept it and ask to serve full notice period, what are the options available to to an employee?

Can employee leave the company after giving notice of 45 days and later can he demand the reliving letter from company and if they dont provide the reliving letter, what should be the next cource of action available to him?

Everybody knows that its very hard to implement legal actions, so how much time will it take if someone needs to take action against company?

It would be appreciable if you can quote some court decisions or law sections showing some favour to en empleyee.

Regards

Paras Gupta   01 April 2012 at 03:35

Mental harassment and defamation of character

Hi,

I am working with TCS e-serve international limited.One of my male colleagues filed a false complaint with HR of sexual harassment. I have been falsely accused of calling him gay in an official meeting. No evidence has been provided in this regard. Also, it seems HR is trying to frame me by gathering information regarding my past behavior with other people. This includes some heated arguments and discussions with others. The person even after filing complaint is sharing dinner, snacks and desk with me. He acts as if nothing ever happened. He also indulges in indoor games etc. with me, we never had any arguments. Still, my appraisal has suffered, I lost an opportunity within company. My promotion which is due since Oct'11, is being delayed. I am also informed that i would be issued warning letter for the false charges. And that too without even showing any evidence.
Can i sue my company and my colleague for Mental Harassment and Defamation of character?
Please advise.As I have gone thru a lot of mental trauma.

Would like to update status as on 27/04/12:
I have been issued warning letter despite there is no evidence. My last year Appraisal band was "A" and this year I have been given "D". As a result, My Salary has been decreased by 62k p.a. My promotion has been frozen, all others due for promotion were promoted. I have also been assigned Performance Improvement Plan(PIP).

I have lost all the hopes and feeling very low. I feel my career is ruined and life is finished.

Rayan   31 March 2012 at 19:45

Regarding transfer

Husband works in central govt police, wife is a state govt teacher. Husband couldn't get transfer to wife's work location for long time. Is there any ways for husband to reach wife's work location city? His dept have office in wife's place still he couldn't able to get transfer. Is there any provision in central govt transfer clause or laws? please provide suggestions.