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Anonymous   30 January 2012 at 18:40

Long absence from duty

I want your prudent legal advice for my problem. I hve passed B.tech (civil) from iit delhi and after that
I had joined NHAI as trainee engineer 2 years before. I was on probation for 2 years.
Service conditions were included in the appointment letter and one para was about termination of contract of employment which states that either party can terminate the contract by giving one month notice or pay of one month to terminate the contract. I worked for one month but i didn't like my work profile and place of posting. I asked for change in posting but they refused. Due to depression and other problem i stopped attending office. After one month company send me letter mentioning my absence from duty and asked me to join otherwise disciplinary action can be started. At that time i made mistake in negligence that either i couldn't submit resign or give reply of letter. I also wanted to prepare forIAS/ips exam so i started exclusive preparation for this.This year i have written mains and hopeful for interview .For career security i have got a job in other PSU recently.
Sir please advice me ,i want to know
1. Can i join this psu without mentioning about NHAI? I haven't mentioned about previous job in application form .
2)a. NHAI (National Highway Authority of India)have not send any letter to me after that one letter in last two year. I have also not communicated to them due to fear of disciplanary actions. They have also not started any action against me.
2)b.Since NHAI have not send any letter to my address so can it be assumed that NHAI have terminated my service?
3) At this stage can i send my resign by speed post? Can they accept the resignation? Can they initiate disciplinary case against me after getting resign from my side? If i ask for relieving letter can they issue to me?
4) At this stage can i write to them about termination of service contract with one months salary? can NHAI accept this?
5) If i want to approach NHAI whether i approach to Head Office HR deptt Or the office of my place of posting?
6)Can i ask for my employment status ? and after that can they start disciplinary action against me?
Pl advice sir, so that i can rectify my mistake. I am waiting for your prudent advice.
Thank you
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ash   30 January 2012 at 18:22

About employees provident fund epf

i am working as post graduate lecturer in a permenantly nongrant institution on a fixed salary of 8,000 per month i demanded my institution to open my EPF account but institution rejected my request and principal told me there is no provision for deducting epf from my salary as i am working in an unaided institution.plz suggest me what to do?

Anonymous   30 January 2012 at 16:04

Transfer of corporate office but not the registered office to gurgaon.

Our company would be shifting its Corporate office from New Delhi, where the registered office is located to Gurgaon.
Now my question is, do we have to apply for registeration with PF, Esic, etc.in Haryana. What are the other legal requirement we have to follow.

Thanking you in advance..

Santos   30 January 2012 at 15:22

Factories act 1948


Dear All,

A holiday resort having 200 employees in their roll could be a "factory"

Can factories Act 1948 is applicable to the hotels,resorts where preperation and processing and sale of food is done. What are the logic please.

Regards,

Santosh

Anonymous   30 January 2012 at 12:46

Dismissal

i have not been able do understand why dismissal from service disqualify a govt employee from future govt employment while removal from service does not? please explain why dismissal from service disqualify a govt employee from future govt employment, what are the reasons?

Anonymous   30 January 2012 at 00:47

Service related

sir
i was a sub-assistant engineer under govt of west bengal from 3/10/2000 to 23/3/2007 and i resigned from the service and joined in airports authority of india (CPSU) as junior executive engg. on 26/3/2007 wihout any service break and through proper channel and now i am working asst. manager in this organization . presently i am selected in indian engineering service examination(UPSC) of central govt.if i joined in this service do i get
1) pay protection ?
2)am i eligible for old pension scheme as i joined in govt service (under govt of west bengal)in the year 2000.

Mahesh Damani   29 January 2012 at 23:40

Sbi - pension scheme - whether eligible

Respected Sir,
I feel fortunate being a member of LAWYERSCLUB of India.
I joined State Bank of India on 01.10.1982
Retired under Voluntary Retirement Scheme 31.03.2001
1. I was only paid Ex-gratia salary for the remaining years of service.+ Gratuity + Provident Fund Balance. (Pension scheme was already applicable to all employees in Original SBI)
2. My total service was 18 Yrs 6 Months.
3. In Original SBI, benefit of pension scheme was already a part of superannuation benefits. It was implied for me that I would have complete 20 years of service then only would eligible for getting pension. For me, Minimum pension (10/15 years) was not a concept in me to enquire about.
4. At the time of VRS (31.03.2001)my age was exactly 40 yrs 4 monts 12 days.
Upon getting positive replies from learned members of Lawyerclub I searched for the judgement and found that:-
(1) An employee is only entitled to get pension if he completes 20 years of pensionable service.
(2) 10 years amendment is only applicable to those employees who retires at superannuation age (55/58) completing atleast 10 years of service.
Any learned person would like to give assurance about my pension ?
mvdamani@gmail.com09426834698

baskaran   29 January 2012 at 21:58

Transfer

Hello, sir i am baskaran from chennai.i worked in a mnc company as a tecnician(worker)as well as workers representative since1999 to 2009.In nov 2008 the management issued a order.it contains training at hariyana at 6 months.i went to training at hariyana,i completed my training in may 2009.but management promote me as a asst.eng&continue my training at hariyana.but i did't accept my promotion but management comple me. ple help me

Kirti Sharma   29 January 2012 at 21:42

Recruitment contract

Dear Members,

I have a query on behalf of a recruitment agency registered under companies act 1956, The said recruitment company is recruting staff on behalf of its various other client companies. Now, I am explaining my query with the help of a hypothetical situation discussed as under:

As per general practice, companies are giving offer letter to selected candidates mentioning salary details and date of joining (may be within prescribed time period from the date of the offer letter) and other necessary details and candidates are giving acceptance of such offer letter through their e-mail.

After this candidates are liable to join the company on the date mentioned in offer letter. But candidates, even after accepting offer letter, do not join the company on perscribed date.

Now the problem of recruiting company is loss of reputation before client companies and loss of time and money which was spended for the selection of such candidate for client company.

So for the solution of this problem, i want to make a contract/agreement between client company, recruiting company and candidate in which candidate shall assure that he/she will not backout (if candidate has signed and given acceptance of offer letter) and will join on the decided date except in case of extraordinary circumstances. At the same time company shall also give assurance of his/her appointment.

Please share your quality views on this matter.

Thanks in Anticipation

With Best Regards

Kirti Sharma






















shankar.T   29 January 2012 at 21:30

Service & salary

namaskar experts
I am Dr. T.Shankar working in private aided college. The management handed over the college to the government due having enough funds to pay the salaries to the UN-aided section lecturers. the gov. of A.P not issued the G.O physical taken over of the college the students of the college asked the management not to collect fee from them the coresspondant agreed to their demand. since then the college management is not paying for the last 8 months salaries to the said staff. recently students started a agitation & pelted stones at principal's office and damaged the office & library for not pursuing the file with the gov. etc., please give your advise & save the lectures what they have to do at this juncture.