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

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NAYAK MAFATLAL GORDHANDAS   25 January 2012 at 12:04

Dismissal from service

Sir, my best friend (Branch Manager of Nationalied Bank) who was caught red handed by ACB, case was filed by ACB. Meanwhile, Bank suspended him on the ground that he was kept under 48 hours' custody.
Departmental Inquirey was setup and charges were partially proved by Inquiry Authority. He was degraded to first stage of Officer Scale 1.His suspension was revocked. Recently, case was run in Hon. Court and he was sentenced for 5 years jail. After that he applied for bail in high court and court granted bail. After his relive from jail he joined his duty, but once again Bank suspended him on the ground that he was kept under more than 48 hours'custody. After that bank has issued him show cause notice why should he not dismissed from the service. He urged the bank that high court have admitted his appeal which is pending, and there is no ground to dismiss him from the service, but Bank have dismissed him. Please, guide: Have bank taken right action or fault of the Bank on which base my beloved friend can get JOB back.
Thanks and regards.

Devendra   24 January 2012 at 19:20

Epfo

My previous Employer submitted my application to the EPFo Bangalore on 25 of June 2011. It has been almost 7 months that I have not received my claim. When I check the status on EPFO website it says Status : Claim Form 19 for PF Settlement AGAINST Member Account No has been settled. Payment sent through cheque No 825855 dated 30.11.2011. ( Nothing is credited to my account) and CLAIM FORM 10C FOR WITHDRAWAL BENEFIT/SCHEME CERTIFICATE FOR MEMBER ACCOUNT NO BGBNG00249600000016367 HAS BEEN RECEIVED ON 25.06.2011 IS UNDER PROCESS.. I have logged a complaint in their website but the status hasn't changed It always remains as 'Under Examination at our level. Your grievance has been registered in EPFiGMS vide Registration number ROBGL/E/2011/08122 and has been sent to: Officer's Name :Sh K. NARAYANA
Address of the concerned Officer : EPFO, RO, Bangalore
Phone Number :08022238033
Email ID : ro.bangalore@epfindia.gov.in
I have tried contacting the EPFo Bangalore, but no one even bothers to pick up the phone.. Can someone please tell me what should I do now....

Anonymous   24 January 2012 at 14:21

Similar query about dual employment

my situation is a little bit different from the person who posted a similar query earlier:
when i joined my present employer(PSU), I mentioned about my previous employer (PSU) in the application. My present employer did not ask for any relieving etc. also , I did not resign from my previous employer (PSU)before joining the new one as i wanted to check my future prospects with new employer and also got one month pay from previous employer after joining current employer.which means i got salary from both employer simultaneously for one month. does the current employer has any right to object to that . was not his job to ensure this thing at the time of appointment.

shailesh pandey   24 January 2012 at 14:16

Bonus payable

Dear Sirs, a permanent worker who was on leave from 10.06.2011 for seven days but did not resume his duty & came in december 2011 & tendered his resignation . while payment of bonus which was paid in october,2011 he did not receive his bonus.
In practice for 17-18 years if any one resign then we calculate @8.33% till his service & pay while full & final payment.
I have receive 4-5 reply which are contradictory.
please reply the same so we can proceed.
This shall be as per Payment of bonus act.
regards
shailesh pandey


Anonymous   24 January 2012 at 13:31

Tax of govt servant

Hello
i am a govt servant but i also have other source of income(taxable) other than my salary from other means etc shop , part time job land. but i am not paying any tax on that. my query can my employer initiate action on against me.

Dinesh Kumar Singh   24 January 2012 at 10:19

Contract labour abolitions- karnataka

1.Can a 100 % EOU unit employ contract labour for core operations in karnataka ?

2. Can a EOU unit employ all its manpower on contract to hire / short term employment / contract employment ?

2a. If answer to 2 is yes can i know the rule please.

Thanks,

amir haider   23 January 2012 at 17:01

Concealing/misrepresentation of previous job

my query was
i am an officer in an autonomous body(govt organization). when i joined this organization i could not get proper relieving from my previous employer which was also a govt organization (as they were not ready to relieve me ).that is why i concealed about my previous service.

i joined my current employer without proper reliving and after one month i sent my resignation to my previous employer during the meantime, salary of one month from my previous employer was transferred to my band account. which means i took pay from two govt deppts (PSUs) for one month simultaneously . Later on i was removed by my previous employer on the ground of unauthorized absence.
now i am very worried that if my current organization get to know somehow about getting salary from another govt depptt simoltaneously i may land into some trouble . it is noteworthy that i tried to return that salary to my previous employer but they did not respond.
I want to know is it a serious misconduct and what would be the level of penalty? would i lose my job for such tiny mistake? God forbid.
MR SUDHIR KUMAR RESPONSE WAS

in response to my query on the topic CONCEALING/MISREPRESENTATION OF PREVIOUS JOB you replied the following: 'I wish to disagree with Mt Ajay Sethi. You are dismissed by previous employer such letter has no meaning. It is only Appeal under CDA rules, within stipulated time, requesting fo lesser penalty, which is relevant if you were interested to serve previous employer, Given facts indicate that you are not interested in serving previous employer. Therefore entering into any correspondence has the risk of you present employer knowing about past employment of past employer coming about fresh employer. In case the previous employer informs the present one that you have drawn two salaries then the penalty of dismissal from service may be justified as you have played with public finance' what do you mean by penalty of dismissal from service may be justified? please clarify is it from previous employer or current employer? eagerly waiting for ur response

amir haider   23 January 2012 at 16:22

Status of employment

Hello,
i am working in a SUBSIDIARY (commercial wing )OF A Govt Autonomous body which has its own rules and regulations . the subsidiary is not funded by the govt but the autonomous body is funded by govt. the salaries paid to the employees by the subsidiary has been from its own profit nothing to do with govt funding.my question is what is my status am i an employee of govt or private employee. i want to switch/join to another govt organization . will that new govt organization will consider me a govt employee or not, as in my opinion i am not being paid from govt exchequar? please explain.

Anonymous   23 January 2012 at 15:50

Esi

employer take ESI
one worker died in factory premises because of fire in factory, employee heirs file WC case

ramamoorthy   23 January 2012 at 14:58

Denial of subsistence allowance

Thiru.N.Vijayakumar is working in Tamil nadu electricity board and he has been placed under suspension by the subordinate officer of Executive engineer O&M POLUR,Tiruvannamalai district,Tamil nadu.Subsistence allowance has been paid to him for first ninety days by the Executive engineer and thereafter no payment for the month of October And November 2011stating the reason that subsistence allowance will be paid to him only after getting approval from the higher authority which is contrary to the standing instructions in vogue.Suspended employee has represented on so many occasions to the Executive engineer and his superior the Superintending engineer,Tiruvannamalai electricity distribution circle, TIruvannamalai for getting the same but those are gone in vain.The above said suspended employee is governed by Standing order.Industrial dispute act 1947 clearly says subsistence allowance should be paid to the suspended workmen.More over tamil nadu electri city board has issued specific orders that subsistence allowance should be paid without waiting for the approval from the competent authority for the continuance of suspension beyond ninety days.Though the individual quoted the rulings in person to the officers concerned adamantly denied the payment of subsistence allowance.Kindly guide the individual in this regard to get the same