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

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N.J. MISHRA   03 February 2012 at 11:07

Filing of appeal after accepting compensation amount

DEAR MEMBER KINLDY ADVICE ON BELOW MENTIONED QUIERIES:

1. IF A WORKMAN ACCEPTS THE COMPENSATION AMOUNT AWARDED BY LABOUR COURT, STILL HE CAN GO FOR APPEAL FOR CLAIMING MORE AMOUNT.

2. IF A CASE IS FILED UNDER WC ACT. IN THIS CASE ALONG WITH PRINCIPAL EMPLOYER THE MANAGING AGENT IS MADE PARTY. THE WORKER HAS NAMED THE PRINCIPAL EMPLOYER BY SOME OTHER NAME AND FAILED TO PROVIDE THE CORRECT DETAILS OF THE SAME AND FURTHER FAILED TO ESTABLISH THE RELATION BERWEEN THE PRINCIPAL EMPLOYER AND THE MANGING AGENT THEN ALSO THE LABOUR COURT CAN DIRECT THE MANAGING AGENT TO PAY COMPENSATION. AND LASTLY

3. THE DEFINITION OF THE EMPLOYER UNDER WC ACT ALSO STATES THAT "WHEN THE SERVICES OF A WORKMAN ARE TEMPORARILY LENT OR LET ON HIRE TO ANOTHER PERSON BY THE PERSON WITH WHOM THE WORKMAN HAS ENTERED IN TO CONTRCAT OF SERVICE OR APPENTICESHIP, MEANS SUCH OTHER PERSON WHILE WORKMAN IS WORKING FOR HIM", IM AM FINDING DIFFICULT TO UNDERSTAND THIS DEFINITION. DEAR MEMBER I WILL BE HIGHLY OBLIGED TO YOU ALL IF AN ACCURATE EXPLAINATION OF THIS DEFINITION IS EXPLAINED TO ME.

amir haider   03 February 2012 at 10:13

Corruption in previous employer (psu)

hello,
I was involved in corruption/ fraud in my previous employment with a PSU , but they did not take any action as it did not come to their knowledge , now I have switched to another PSU and doing my job there. If my current PSU got to know about my corruption in previous PSU would they take action against me. what sort of action and punishment it would be?

Anonymous   03 February 2012 at 10:12

Corruption in previous employer (psu)

hello,
I was involved in corruption/ fraud in my previous employment with a PSU , but they did not take any action as it did not come to their knowledge , now I have switched to another PSU and doing my job there. If my current PSU got to know about my corruption in previous PSU would they take action against me. what sort of action and punishment it would be?

sasankajyoti sharma   02 February 2012 at 23:17

Non-payment of subsistence allowance

A CCL (Contractor's Casual Labour) employee of a Public Sector Undertaking was suspended from his service as his was an accused in a criminal case relating to the theft of some materials of the Undertaking. But after his trial the said employee has been given acquittal by the Trial Court.

During the period of trial the said Undertaking suspended him from his service and he has been reinstated in his previous service after his acquittal by the Trial Court.

From the date of his suspension to the date of his reinstatement his subsistence allowance was stopped by the said Undertaking and it is still unpaid to him.
The said Undertaking regularly deducts P. F. from his salary.

Now the question is, "Can he claim the said subsistence allowance unpaid to him or will he approach the Law?"

Anonymous   02 February 2012 at 23:01

Penalty in lieu of notice period

Hi Experts,
I was employed with a bank and quit more than 5 years ago; they had waived the 3 months notice period-but i do not have any records to show the same now.

I have started receiving letters(2-3 letters) demanding notice period payments; which also suggests legal action will be intiated if i fail to pay up...when i last spoke to the signatory he suggested that he would check the records and get back.

Should i reply to the notice clarifying my stand & also under what Act, provisions will i be able to challege the arbitrary notice of the bank.

Pls advice.

Anonymous   02 February 2012 at 22:36

Notice period for leaving the company

I WANT TO JOIN A private Ltd company as a chartered account. One of the terms of employment states as under: Upon confirmation after completing 6 months satisfactory probationary period, you shall give 3 months notice in writing or 3 months salary in lieu thereof, if you chose to resign from the services of the company.

I requested the GM HR of that company include the following clause also:

The company will give 3 months notice or 3 months salary in lieu there of before terminating my services for reasons other than acts of misconduct such as committing
fraud, cheating, causing loss to the company.
I.e. notice of 3 months should be mentioned in the appoint ment letter from the management side also. The above clause be legally redrafted for my reference and taking up with the employer. Kindly guide me.

Anonymous   02 February 2012 at 22:29

Relieving date once resignation accepted

sIR,
I JOINTED A PRIVATE COMPANY ON 1.9.2011 as Manager HR and ADMIN AND ON PROBATION FOR 6 MONTHS.iF i CHOSE TO LEAVE THE COMPANY, i AM REQUIRED TO GIVE 3 MONTHS NOTICE [UPON CONFIRMATION OR BEFORE CONFIRMATION IN SERVICES NOT SPECIFICALLY STATEDIN APPOINTMENT LETTER] OR 3 MONTHS PAY IN LIEU THEREOF iF i CHOSE THE RESIGN FROM THE COMPANY.

I SUBMITTED RESIGNATION LETTER DT.27.1.12 ON THE SAME DAY GIVING ONE MONTH NOTICE (THOUGH NOT CONFIRMED IN THE SERVICES) AND REQUESTED MANAGEMENT TO RELIEVE ME ON 23.2.12. One of the Director remarked on my letter OK. But all of a sudden on account of recruitment of incumbent in my place, they chose to relieve me on 1.2.12.
I did not accept and absenting from duties. Can they relieve me w.e.f.1.2.12 and thereby depriving me of 23 days salary. I am in distress. Can I insist them to relieve me on 23.1.12 and how the other director can decide to relieve me on 1.12.12

Anuj Dayal   02 February 2012 at 17:24

Service matters

Respected experts,
I am new to litigation and I am currently dealing with criminal cases as my chamber is expertise in criminal matters but I want to learn service matters also as am also interested in these cases. Please suggest my how should I start or what should be my approach when client comes to me and the matter is pertaining to service law?
if you can suggest me sum book so that I can learn basics in this field, please let me know.

Anonymous   02 February 2012 at 14:51

Compliance of court order

If state doesn't obey court's order,can one approach court by way other than contempt-petition?

Sudarshan   02 February 2012 at 11:01

Resign letter

Dear sir I resigned from my company on 7 Jan 2012 and they accept my resign and given me three month notice period i am saying them to relive me with in one month but they are not agrreing on this also they send me mail if you are going like this then they will do legal action on me but i said them i will stop up to 6 feb 2012 and ready to pay remaining 2 months money but they are not accepting it and not ready to me leave before three months.
So please me help out for which legal action they will take on me.