skg
18 March 2012 at 20:08
Dear Experts,
In an on going 4 year old labour case at
workman evidence stage in labour court the
workman has got an order from Delhi high court
in May'2011 thru a writ petition wherein the high
court has given direction to labour court to
complete the case within eight months i.e. upto
31st Jan'2012.
The PO of the labour court has not taken the
direction of high court seriously and instead of
giving short dates keep on giving long dates
despite requests to PO that short dates be given
since the case is time bound by lawyer of
workman.
Almost 3 months have passed now and the case is
still at Management evidence stage.
My question to experts is that in our judicial
system
1) whether lower courts are competent enough to
ignore orders of higher court
2) If our judicial system is itself delaying
court proceedings then why at the time of award they give
judgements on the basis of time period condition
in favour of management by reducing 100%
backwages to workman who desperately wants his
case of illegal termination to be solved quickly.
3) Whether workman has right under constitution
of India to give an application to Supreme
Court/Delhi High court that lower court is not
following direction of higher courts and under
these circumstances interim relief of 50% wages
be given to workman till the case is disposed by
lower court since the workman is unemployed
and his family is also suffering due to this delay
and cannot survive without this relief.
4) What is the time period in which lower court
has to reply to higher court and give reasons of
delay?
5) What are the consequences the PO of labour
court can face if he do not give reasons to higher
court in writing if a complaint is launched by
workman in higher court?
Rgds
J. K. SASTRY
18 March 2012 at 07:57
Respected Sir,
Namaskar...
My son has been appointed as Executive Trainee in Madhya Pradesh Generation COmpany and in the advertisement they have committed that they will absorb my son in the grade of Rs.15600-39100 plus Rs.5400 grade pay in PB3 and DA and other allowances. The same has also been mentioned in the service agreement bond.
Now the training of my son has been completed and now he is about to be absorbed as executive.This has also been mentioned in the conditions of employement also.
They now say they will not pay any DA and they are not absorbing my son PB3 as mentioned. . They have stated that they will give only a basic lumpsum pay of Rs.15600 plus 35% of allowances will be paid out of which 70% of allowance will be based on employee's performance and 30% of allowances based on company;s performance.
How can they change the rules now once they have advertised something else? How can we go about and when to approach a court of judicature ? I shall also be having no words of gratitude if some one suggests me any advocate at Jabalpur.
Thanking you anticipation, Sir ,
With regards,
J.K.SASTRY
JABALPUR
Post Script: I forgot to attach advertisement. Now I have attached it.
J. K. SASTRY
18 March 2012 at 07:52
Respected Sir,
Namaskar...
My son has been appointed as Executive Trainee in Madhya Pradesh Generation COmpany and in the advertisement they have committed that they will absorb my son in the grade of Rs.15600-39100 plus Rs.5400 grade pay in PB3 and DA and other allowances. The same has also been mentioned in the service agreement bond.
Now the training of my son has been completed and now he is about to be absorbed as executive.This has also been mentioned in the conditions of employement also.
They now say they will not pay any DA and they are not absorbing my son PB3 as mentioned. . They have stated that they will give only a basic lumpsum pay of Rs.15600 plus 35% of allowances will be paid out of which 70% of allowance will be based on employee's performance and 30% of allowances based on company;s performance.
How can they change the rules now once they have advertised something else? How can we go about and when to approach a court of judicature ? I shall also be having no words of gratitude if some one suggests me any advocate at Jabalpur.
Thanking you anticipation, Sir ,
With regards,
J.K.SASTRY
JABALPUR
DIPAN DAVE
17 March 2012 at 20:20
My PF withdrawal claim rejected by EPFO, Bhopal with reason that they can not deposit my PF amount in my joint savings account. My all savings accounts are joint with my wife. Primary a/c holder is me & secondary a/c holder is my wife.
I believe that PF is for family and if so then how PF dept. object to deposit in my joint account?
Thankful if you can suggest the way out and prompt guidance. Now i am NRI and can not open individual savings account. Also I have two NRI accounts jointly with my wife.
Ananth
17 March 2012 at 16:30
Hi,
I was working in a company where they told & mentioned in the appointment letter that they will give Rs 12000 after completion of 1 year.
I was there in the company for 1 year 10 days including my notice period of 2 months.
My company refused to give me Rs 12000 saying that i have not completed one year when i resigned. But no where it is mentioned in the rules & regulations regarding the same.
Can i claim for the same?
ASRUJ@aratrika
17 March 2012 at 11:57
It has been noticed just a few days back that there was some mistake in assinging PF number to the employees in the FY 2010-11. The same PF number was wrongly assigned to 8 no of new employee which were already assigned previously and the annual return (3A)was also submitted accordingly on the basis of wrongly assigned numbers. Now the fact is some of the employee with original (we can say old assigned)number have resigned but the employee with wrongly assigned number is still working with the same number or vise versa. Now I would like to know what are the consequences may come for the following incident in case:-
a) Employee with old/ new assigned number resigned and want to withdraw PF.
b) Employee with old/ new assigned number resigned and want to transfer PF.
I further would like to know what are the other consequences may come and what are the remedial steps company should initiate in order to rectify the problem.
The annual return for the FY 2011-12 have not yet been submitted and new number to the new employee are not assigned.
Could any body respond to this problem and your early response shall be hignly solicited.
Thanks & regards
A. Ghosh
Manbir Singh
17 March 2012 at 11:35
My father was working in Haryan Bijli Board.He expired in 1988.But we did not get the gratuity amount.And pension which is my mother getting is Rs600.can we get the money and pension which is supposed to be around 3500.Please help.thanks
dhirender sharma
16 March 2012 at 21:11
Thank you sir
In response to your reply, i present the following facts.
I am a direct recruit AAO.
The new post carries responsibility of greater importance like powers of a DDO with a scale of 9300-34800 GP 4600. I have qualified the FRSR examination . I am still on probation as i have to clear three more papers. My appointment as AAO is against a permamnent post
dhirender sharma
16 March 2012 at 19:36
Dear Sir
I working in the capacity of Assistant Audit Officer in Indian Audit and Accounts Department controlled by CAG of India. My current basic pay is Rs. 19270 including GP of 4800.
Recently I got selected through UPSC for a post in Ministry of Information and Broadcasting carrying GP of 4600. Now I have requested them to give me pay protection as I have already crossed the earlier pay.
Sir, you are requested to kindly help me out whether i can demand pay protection if yes under which rule of FR.. I badly need this sir…
D. K Sharma
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