LCI Learning
Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Biplab Swain   07 March 2012 at 10:08

Regarding esic enrollment

We have an association of Movie workers and technicians(Like spot boys, light boys etc) in Odisha for last 19 years.
This is registered under trade unions act.
However, the model we work on is we collect and distribute the amounts from the production company/producers to the workers, registered with us.

We want to enroll our workers under ESIC scheme.

Please advose the process/possibility.

kewal singh paneser   07 March 2012 at 07:10

Rate of interest in case of accrued arrears on account of pensionary and retiral benefits

The Hon'ble high court of pb and haryana has allowed a petition in case of pensionary and retiral benefits in my favour without mentioning the rate of interest at which the accrued arrears have to be paid. what can i do?

KASI VISWANATHAN   06 March 2012 at 20:51

Factories act, 1948

Thank you so much for your reply sir. Just i want know about reason for exclusion. Once again thank u so much.

tulasi   06 March 2012 at 16:24

False suspension without notice

dear sir...

My father works in a cooperative bank..the bank charged my father with misappropriation of money and sent him home by threatening..to support why they have suspended they have not sent a notice or at least a formal letter of suspension..when he went to sign the attendance register, they did not giv him intentionally to prove that he ws absent for long time...9 years passed..till now no notice of suspension or termination..no salary...what to do?

SURAJ KANTHAMANGALA   06 March 2012 at 12:49

Absent for duty

hai seniors,

one of our female employee was in pregnancy and covered under ESI act.
but she has not informed us about her leave or not produced any ESI certificate as she was on ESI leave nor sick leave. she is absent from jan 2nd . two days ago i have got some information from somebody that she delivered baby.
previously she has asked information about the leave and i have explained her about the leave formalities and policy.
-can i send her explanation letter nor terminate her service nor consider her loss of pay ?
-is there any issue will arise if i ask her to resign nor is it mandatory we have to consider her continuation of service.
-as i know sending letter is already delayed , is ther any issue will rise if i send now ?
as the ML act says employer should not terminate nor dismiss the employee during her ML - for seniors advise

P. SRIDAR   06 March 2012 at 11:46

Leave eligibility for a employee in probation period of a shop and establishment company

Sir,

I am representing a company covered under TNSEA Act 1947,i wish to know the leave eligibility of the employee whose in probation period.

KASI VISWANATHAN   05 March 2012 at 22:06

Factories act, 1948

Hello Frnds,
i have a question in factories act, 1948.
My qtn is why the Definition of Factories excludes the Mines, Mobile unit armed forces of the union. Please reply

MUTHUKUMARAN.K   05 March 2012 at 17:46

Compassionate appointment

Dear Sir,
I Am K.MUTHUKUMARAN S/O G.KUPPAN.
MY FATHER WORKED AS ASSISTANT INSPECTOR OF LABOUR IN TAMILNADU GOVERNMENT.HE PASSED AWAY IN 2008 DUE TO HEART ATTACK WHILE IN SERVICE..I APPLIED FOR COMPASSIONATE APPOINTMENT IN TN GOVERNMENT..MY EDUCATIONAL QUALIFICATION IS B.TECH[IT].WOULD I GET JOB RELATED TO MY EDUCATION PROFILE..
IS THERE ANY SPECIAL PREVILAGES IN COMPASSIONATE APPOINTMENT FOR PROFESSIONAL COURSES[B.E/B.TECH/B.ARCH/MBBS]
KINDLY HELP ME IN THIS REGARD..
AWAITING FOR YOUR KIND PERUSAL AND CONSIDERABLE RESPONSE..

WITH REGARDS,
K.MUTHUKUMARAN

rajendra   05 March 2012 at 10:18

Workmen compensation

Same advocate appointed by both the parties i.e. employer and employee to plead for them in a tribunal on matter of compensation to be awarded to the disabled employee. The advocates accepts and pleads the case. The tribunal awards some compensation to the employee. Is the insurance company bound to pay? Can action be initiated against the advocate for breaching the code of conduct?

Atul Joshi   05 March 2012 at 10:00

Resignation and offer from other employer

Hello,

One my employee has resigned from the post and we accepted the resignation letter. The employee post acceptance for the resignation has absconded from the services without getting properly relieved from the organization. The employee has not signed the clearance forms which is mandatory for the client project which he was working on. This is one of the binding requirement from the client as a part of the contract that, all the employees working on relationship while leaving need to sign the confidentiality clause that, they have not copied source code for any IP related artifacts.

The employée was not reachable and traceable. Through social media, we came to know about the new employer he has joined. we have written to the HR of the company and HR responded that, resignation and acceptance is enough for them to offer the job to the employee.

Client has threatened a legal action against the ex. employee.

Would like to know --

1. What action can be taken against the absconded employee and how we are protected from the client legal action.

2. what is the new employer's responsibility and ownership in this matter as they recruited people without appropriate clearance from us.

Regards,

Atul