bala
01 February 2012 at 14:47
Dear sir / madam,
My name is samy from tamilnadu. My father is state government Retire staff ( Teacher ). One man is implicated in a police case. If FIR register against in any possibility of pension cut will be there or not.
Thanking u,
Sharmistha Sharma
01 February 2012 at 14:29
whether ESI registration is applicable on charitable trust though various precedents such as BOM HC have observed that co-operative societies do not require ESI registration?
GIRISH SHARMA
01 February 2012 at 10:28
Dear Sir,
1) Security Guards working on National Holidays are given ONE COMPENSATORY HOLIDAY within the week AND one day's extra pay.
2) Security Guards working on Other declared Holidays are given ONE COMPENSATORY HOLIDAY within the week ONLY & NO extra pay.
3) In 2011, 1st May 2011 was a Sunday. So, it was NOT a declared holiday by the company. But security guards worked on that day as per their shift schedule. NO COMPENSATORY HOLIDAY GIVEN. Also, NO EXTRA PAY GIVEN.
Is the above acceptable as per Law.
Kindly confirm.
Many thanks for your help in advance.
Regards
G. Sharma
Anonymous
31 January 2012 at 20:36
Respected Sir,
I have selected in Allahabad bank on the post of PO . i had to join the service on 19 july 2011 but due to illness i ask for extension which was extended to 19 August 2011. But up to 19 August i didn't become medically fit so i send speed post dated 17 august along with medical report for further extension. But they didn't reply. After that I send many fax and speed post to give me a chance. i made telephonic call to HR deptt But in vain they didn't reply anything clear. After that on 8 october 2011 i got speed post from the bank containing a letter dated 23 september 2011 asking me to join upto 30 september 2011 otherwise offer stands cancelled . When i tracked the date of booking of speed post on india post site . i was shocked to see that this letter was booked on 4 october 2011 and delivered to me on 8 october 2011.
After that i have send many speed post to them to give me one more chance to join along with speed post tracking details that how can i joined upto 30 september 2011 when letter itself was booked on 4 october 2011.
But till date they have not send any reply to me .
Pl let me know
1) since they ask me to join upto 30 sept 2011 by letter dated 23 sept 2011 but booked it on 4 october 2011. will this is not their fault?
2) can i get a chance to join in the Bank?
3) how can i proceed further so that i can get justice?
Anonymous
31 January 2012 at 19:54
Sirs,
one central govt employee cl.IV was removed from service due to absenteeism with break in service in yr 1990 though he submitted sick cert. ob T.B. again he was taken up for absenteeism in 2000,& retired compulsorily.II nd spell service after break is hardly 9 years few months that's why pension is not given as service is less than 10 yrs.
What to be done for getting pension?s there any Supreme court ruling? Pl save the poor family.
Thanks .
Raja
31 January 2012 at 19:50
STATUTORY COMPLIANCE MOST RELEVANT TO STAFFING INDUSTRY
Labour Welfare Fund ACT Statement of Contribution along with cheque to be submitted to the Authority Concerned.
The Profession Tax ACT Monthly Returns along with cheque.
The Contract Labour (R&A) ACT, 1970 Half Yearly Return - by Contractor to be submitted to Asst. Labour Commissioner
The Maternity Benefit ACT, 1961 Annual Return
The (National & Festival Holidays) ACT, 1963 Annual Return.
The Minimum Wages ACT, 1948 Annual Return
The Contract Labour (R&A) ACT, 1970 Annual Return by Principal Employer.
The Payment of Wages ACT, 1936 Annual Return
The Employees Provident Fund ACT, 1952 3A & 6A Annual Individual Returns & Returns of Contributions to the Regional Provident Fund Commissioner.
The Employees State Insurance ACT, 1948 Summary of Contribution
The Contract Labour (R&A) ACT, 1970 Renewal of Licence .
The Payment of Bonus ACT, 1965 Annual Return
Shops & Establishment Act Renewal & Registration Certificate.
MEMBERS ARE REQUESTED TO AMEND AS NECESSARY SO THAT A COMPLETE PICTURE MAY ARISE.
Raja
31 January 2012 at 18:08
A labour contractor having registered office in Kolkata, registered under Conntract Labour (Regulation and Abolition) Act 1970, having EPF and ESI number of West Bengal circle, get some job at Madhya Pradesh, Orissa, and Andhra Pradesh.
(1) Whether he has to get sub code for EPF and ESI of those states to operate there ? He is sourcing all labours from West Bengal.
(2) Since the job is of contract basis, so he will be engaging labours for 3 or 4 months on contract basis. In that case, whether he has to pay the EPF/ESI also?
(3) Apart from Labours, there are Manager, Supervisor and Accountant also. So, whether he need to maintain seperate register for Wages and Salaries Or all the aforesaid categories can be included under the Form XIII as prescribed under rule 75 of Central/State Contract Labour Rules? IF seperate, in which format?
Anonymous
31 January 2012 at 02:24
I am HIV+ for the past 15yrs and now i am on 2nd line ART for 5yrs.
A) I AM WORKING IN AIR INDIA FOR THE PAST 21YRS AS A CONTRACT LABOUR WITH EPF,ESIC AND OTHER BENEFITS UNDER THE MINIMUM WAGES ACT..
B) I AM SINGLE AND ALONE DESPITE HAVING 2 WELL SETTLED BROTHERS.
C) I STAY IN A SLUM IN MUMBAI ALONG WITH MY AILING 74YRS PARALYSIS SUFFERING MOTHER.
D) THE ROOF OF MY HOUSE IS IN SHAMBLES IN SHORT THE HOUSE IS A WRECK.
E) LAST YEAR I APPLIED FOR A EPF LOAN TO REPAIR MY HOUSE AND IT WAS DENIED BECAUSE THE TITLE PAPERS WERE IN MY DECEASED FATHERS NAME.
F) WHILE CLAIMING THE LOAN I HAD NOT DISCLOSED MY HIV+ STATUS TO THE EPF.
G) CAN THE LAW INTERVENE IN MY CASE SINCE I DO NOT NEED ANY SOCIAL SECURITY AND CLOSE MY PF CONTRIBUTIONS AND KEEP ON WORKING TILL I AM FIT TO WORK.
" I WANT CITATIONS, JUDGMENTS OF HC AND SC SIMILAR TO THIS CASE"
Anonymous
30 January 2012 at 19:32
My younger brother was working with a govt insurance company as Administrative Officer (engg). According to service contract he had to serve the company for 4 years. otherwise in the event of resignation ,termination he had to pay one years gross salary as a liquidity damages to the company and this amount could be proportionaly reduced with the length of service in the company. He didnot like the job profile and wanted to leave. After one and half year serving the company he became very much depressed .sudeenly at that time his mother fell ill seriously due to brain haeommorage. Due to that painful situation in negligence and hasty he resigned from the services of the company. After serving for 19 months he had submitted his resignation mentioning with immediate effect in duplicate to his dept as well as to HR deptt .He also mentioned in the resignation letter that he may be intimated about bond money due. After that he came home to look after his mother. after two months when he came out of depression he felt that he made wrong decision of resigning from the company so he wrote a letter to DGM(HR) about give him a chance to join in the company again and pl donot accept his resign.But after that company send him a chargesheet mentioning his unauthorised absence from duty. He replied that he had submitted his resignation so didnot start action against him. But the company started disciplinary actions. He wrote many times to the Enquiry officer to give him a chance to join again.He also participated in the hearing. But after that company removed him from the services on charge of unauthorised absence for more than 90 days.
After this company has demanded bond amount otherwise warns of legal actions. He has appealled to higher authorities against this removal order which is undecided yet.
i seek your legal opinion on following
1) after resignation with immediate effect is starting of CDA action is right?
His coworkers informed him one week after his resign that his resign accepted by hr deptt and all the deptt issued no dues certificate to HR deptt.
2) company didnot respond to his letter asking them to give him a chnace to join again and donot accept his resign
3) since his appeal against removal is pending . Is it right to demand for bond amount by the company?
4)if his appeal is rejected can this order of removal of service can be changed and accept his resign?
5)If he want to join other company can this company give no objection certificate and transfer of bond amount?
6) what type of legal action can be started if he donoy pay bond amount within one month? If case is filed against him will it destroy his future career?
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Action after 5 years
hello
if a misconduct was committed 5 years ago and the govt employer starts disciplinary action now after lapse of 5 years. Is it justified and legal? besides would not it be difficult to prove the allegations?