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

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kaustubh sengar   28 February 2012 at 18:55

About tribunal

CAN A TRIBUNAL PROVIDE A FREE LEGAL AID TO AN INDIGENT PERSON?

C.A Alok Mukherjee   28 February 2012 at 17:31

Please provide me the details of the following case law.


Dear members,

Can anybody please provide me the details of this judicial pronouncement.
The Calcutta Telephones Vs.Presiding Officer Central Govt. Industrial Tribunal, 2001-II CLR 108 (Calcutta H.C.)

In fact, I am looking for a clarification that an employee was retired normally and thereafter re-appointed by the company as retainer whether PF is eligible for him or not?

regards,

Alok Mukherjee

Dhaval   28 February 2012 at 16:35

Sixth pay binding on public charitable trust

Hello,

I have a query as:
Is sixth pay regulations' are binding for an NGO under a public charitable trust ?

I am an employee of such organization, and my company has adopted arbitrary rules in adopting 6th pay.

Kindly guide me as per the law of the land.

Thank you very for much for your kind support and co-operation in advance.

--
Thanks & Regards,
Dhaval M. Vakharia

deepak yadav   28 February 2012 at 14:18

Employee welfare trust

Hi,
is it possible to establish employees welfare trust in a factory wherein contribution from employees will be deducted on monthly basis for any emergency need of fund by Employees, this trust will be purely managed by employees and there is no contribution from company side.

amir haider   27 February 2012 at 16:15

What constitute lack of integrity

hello

what constitute lack of integrity for a govt autonomous body employee? how would it be defined? what part CDA Rules has in defining lack of integrity? would be same for every autonomous body/PSUs / govt of India/ govt of Nepal etc or different?

amir haider   27 February 2012 at 15:36

Define misconduct

HELLO,
my govt autonomous body CDA Rules defines MISCONDUCT AS 'a conduct prejudicial to good order or service discipline or a conduct unbecoming of an office or a gentlemen'.
my question is if i an involved in some act like i am not paying my utility bills to govt of India or defrauding with any other govt agency, which has no bearing/no harm to the stakes of my employer govt autonomous body. Can my employer initiate disciplinary action on this? please share your valuable expert opinion.

Raja   26 February 2012 at 16:44

Scale of pay

Workers presently receiving consolidated monthly wages. they are working for 30 years and more. they are permanent workers. but they do not have any pay scale. whether they can claim for a scale-of-pay ?

mohanlal   26 February 2012 at 10:59

Ccs (cca) rules, suspension, revocation, apar, adverse remark etc.

ISSUE-I

1. I was place under deemed suspension because I was in custody for more that 48 hrs (about 55 days) in connection with false 498-A case.
2. Deemed suspension was extended for further 180 days after 90 days of suspension.
3. After the 180 days, the deemed suspension just revoked.

ISSUE-II

1. Meanwhile in my Annual Performance Appraisal Report (APAR) my integrity has been assessed as “Unreliable”.
2. This adverse remark not expunged even after two representations I submitted to two different authorities in hierarchy.

IMPORTANT:

1. The authority who didn’t expunge the said adverse remark on my second representation, the order of revocation of my deemed suspension delivered to me through his office.
2. In chronological order the order of revocation is the latest ORDER.

QUERY:-

1. HOW a public servant can join, as suppose to join after revocation of suspension, and discharge his official duty in DIGNIFIED manner when his INTEGRITY has been assessed as “Unreliable”?
2. The proper Jurisdiction(& Maintainability) for this grievance to redress -
(i) High Court under Writ of Mandamus or
(ii) Central Administrative Tribunal (CAT) under Service Law.
3. Any other remedy available?

Most Important –

Is there any overriding effect of the order of revocation of deemed suspension over the decision on my second representation in which the adverse remark was not expunged but retained?


VANANKAMUDI V   25 February 2012 at 22:20

Probation period of college teacher

I am working as college librarian in a Government aided college, previously worked as a non-teaching staff in another aided college under the Tamilnadu Collegiate education service in the same regional collegiate joint directorate. I have also joined the latter post without any break of service.

I have applied the latter post of College Librarian through proper channel.

I have attended interview with no objection certificate from former college Secretary.

I have also relieved from 30-12-2010 AN in the former post and joint on 31-12-2010 FN in the latter post in the new college with proper relieving order given by the previous college secretary (with no objection to relieve).

1. Whether you applied the latter post through proper channel? YES

2. whether you resigned technically only?
(I have applied for relieving from previous college non-teaching position, that college management secretary issued a relieving order to join as librarian in the latter college.)

3. whether both institutions are run by same management? NO different managements.

4. Whether the latter management in writing assured you to treat your previous probation period of previous job in the subsequent period of probation?
NO, The latter management not treat my previous probation of previous job.

BUT in SPECIAL RULES FOR THE TAMIL NADU COLLEGIATE EDUCATIONAL SERVICE-Para 7 hold the following facts:
7. Probation : - (a) Every person appointed to any category by direct recruitment or by
recruitment by transfer shall, from the date on which he joins duty, be on probation in such
category for a total period of two years on duty within the continuous period of three years:
Provided that there shall be no probation for a fresh appointment by direct recruitment
if he has already completed the probation in any other Category in the service:
Provided further that a member of the service appointed by transfer from one Category
to another carrying the same scale of pay if he is already a probationer in the category
from which he is transferred, shall be entitled to count the period of service in the category
to which he is so transferred towards probation in the category from which he was
transferred.

As per the above special rules, kindly provide details about teaching post in the current college can fix any probation period. For your reference I have attached the above special rule document.

Regards
Ramanathan S

student-----   25 February 2012 at 13:46

Moral turpitude cases

Respected Sir's,
Could any one explain which cases comes under MORAL TURPITUDE Category in order to check my eligibility for a government job.