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S.B.adil rahman   29 January 2012 at 18:33

Warning---is it a punishment in service laws?

Is warning in service Book awarded by the Disciplinary Authority after conclusion of the Departmental Proceedings against an employee is a punishment? Out of 2 Charges one charge could not be proved.On Charge No 2 which was stated to be proved by the Inquring Authority, the Disciplinary Authority did not agree and exonerated the employee with a warning to remain cautious in future.Departmental regulation of the employee is silent on the issue of Warning as a punishment.

Anonymous   29 January 2012 at 17:46

Unpaid salaries and other dues

My ex-employer have not paid my last 3 months' salary and there are other dues as well. In dec they asked me and other employees to leave the company and board passed a resolution that the all dues will get clear by the end of the month (dec 2011). Only partial amount has been cleared and the employer is continuously making false commitments to clear my dues. Please advise what are the option I have. can I file a case against them? If yes, then can i file the case in the city where i rendered my services or at the place where the company has its registered office? and how much would it cost me?

Anonymous   29 January 2012 at 05:59

Representation for promotion

In an establishment junior officer is promoted how senior officer should prepare representation that he is wrongfully denied promotion. Please give proforma if available.

Anonymous   28 January 2012 at 22:27

Writ petition pending

Against award of labour court the petitioner company has obtained stay on the entire award without reinstatement, no deposition of 16 years amount,no compliance of 17-B mandatory on the issue already decided and attained finality by Hon;ble High court. counter rejoinder already exchanged 2 years back and 17-b application also still pending since then.
my problem is since i have got no relief from the court and the court is not adverting to any of my contentions .
how can i get my writ decided? the case is getting delis ted after every single date of non hearing.
the matter is tide-up case.

Anonymous   27 January 2012 at 19:24

Unpaid full and final settlement

Hi,

we company doesn't pay ful and final settlement to resigned employee or other cases, whether we need to transfer the F&F value to labour dept after specific period

if so about other dededuction like PF, ESI, Prof Tax and Income tax

Anonymous   27 January 2012 at 16:56

Absconding govt employee

A friend of mine had joined Airport Authority of India as trainee engineer in august 2009.Due to serious family problems he stopped attending office after one month of joining as no leave credit was due in his account.After that a letter was send to his postal address to join immediately within 3 days.He replied that he couldn't join due to family problems. After this no further letter was sent from the office.After two and half years now he want to join service. I want to ask your legal point of view on following points
1.Can he join again A.A.I? If yes what is the process?
2a.Since company has not send any further information what will it do if he approaches them to give a chance of joining?
2b. what type of disciplinary proceedings can be started against him and what types of penalties imposed?
3.Can he resign from his post at present ?.AS TERMS OF OFFER OF APPOINTMENT Which states that service can be terminated by giving one month notice by either parties.
4. Can he join other govt company without sending any letter to this company?
Please reply and give advice it is very urgent

Anonymous   27 January 2012 at 12:47

Leave register

Is it necessary to maintain a leave register, even if Employer is giving Leave Encashment to its employees equivalent to 30 days every year ?

We deduct for total leaves taken (without giving Leave Benefit) and pay the salary every month. At the end of every year, we pay the Leave Encashment (Privilege Leave & Casual Leave) with following formula:

Total wages earned in the year/ 12 months = Leave Encashment

1. Whether this Leave Encashment Formula is correct ?
2. Whether we have to maintain a separate Leave Register ?

essycherianantony   26 January 2012 at 18:34

Document under rti

If an employee asks for documents from his personal file in the Company, is a Company bound to give them to him under the RTI act, since such documents serves no "larger public interest" . Query is for any notings /markings in his personal file by his superiors regarding his performance and behaviour.

Anonymous   26 January 2012 at 13:42

Role of witnesses in labour case of ilegal termination

Dear experts,

An employee was terminated on grounds of surplus and hand delivered termination letter in presence of two witnesses which he refused to accept by saying that he will resign.

When he did not resign the company send his dues after 6 month along with that letter.

During cross of management only one witness appeared in court.

The employee's lawyer objected that in absence of second witness it can not be proved that he was hand delivered the termination letter on that particular date.

Is he right that second witness should also be in court for cross examination
?

Anonymous   26 January 2012 at 13:27

Reason of leaving on gratuity paper of terminated employee

Dear experts,

A group gratuity account of a public ltd company is with LIC.

1) In service/labour laws is it legally correct to mention "resigned" instead of "terminated" as reason of leaving service for a terminated employee on his gratuity paper.

2) Since the employee has not given any resignation letter, will the LIC trust have powers to release gratuity for reason of resignation without checking from employer that they have the valid resignation letter or not since the employer is writing resignation as reason of leaving service

What difficulty the company will face during a court case if they write "resignation" instead of "termination" on his gratuity papers

pls advise