Anonymous
22 January 2012 at 09:28
fire in machines occur in place of work death of employess ,against employer filed 304a
now deceased of employee not directly dependent so and employer have 'esi' esi only for dependents not our client
whether to go under workman or civil suit?
thanks in advace
1) Whether the employee of Bangalore Rural and Bangalore District cooperative Bank limited is governed by Karnataka Civil Services Rules (Classification, control and appeals) 1957.
2) whether he is government servent ?
Anonymous
21 January 2012 at 21:32
Sir,
In my organization one of the employee got transfer to north east. but he has gone to court and got stay order. sir iwant to know that how many days it will be valid
Anonymous
21 January 2012 at 18:09
Hello,
employer take ESI
one worker died in factory premises because of fire in factory, employee heirs file WC case
employer' advocate writing in answer
^employer is not responsible because they have taken ESI.
^second legal heir is employee's sister so not eligible for any amount
now i want citation for if even esi
employer is Responsible for compensation because death in work area
and sister who is dependent because in India , society exist that believing 'woman cant work outside home'
Thank you very much in advance for helping me.
Anonymous
21 January 2012 at 16:39
Dear Experts,
My sister working as a teacher in TamilNadu Govt. School. She has taken maternity leave 2 years back. At the time of availing leave she completed the Probation period but the declaration letter was not issued by the school dept.
Since the above letter was not issued in time, the School H.M merged the 39 days E.L with Maternity Leave.
After 6 months, the Probation completion letter was issued by the dept. with retrospective effect. She requested the School H.M to merge the 39 days in her E.L acct. But no use.
According to Tamilnadu leave rules, When a Govt. servant is declared satisfactorily completed his probation with retrospective effect, his leave acct. should be recast with effect from date of completion of probation and the leave already availed of between that date and the date of issue of orders regarding completion of probation may be altered to the advantage of Govt. servant at his option.
We have written letters to CEO of school dept. and Director mentioning above rule, but no reply from their side.
We request the advice of honorable experts on how we take the matter further.
Would the Ld. Experts kindly opine.
One software professional having M.Tech Degree from IIT, Mumbai was working with a reputed software development firm at Salt Lake, Kolkata. Immediately after his marriage, problem arose and his wife obtained Divorce ex-parte. During the process the man asked HR department of his employer to grant him leave for a long period which the HR approved. But after some time he was discharged from service for absence. He was sent a draft letter by email which states that he is accepting the dismissal and was informed over phone that if he signs that letter then only he will be given release order which is required for his getting a new job. All correspondences are through emails sent and received before 3 ½ years. He was not given his PF, Gratuity, Bonus etc & the dues are for Rs.10 lakhs. The problem is the man had developed mental problem and did not act or react for more than 3 years.Now he has mostly recovered and want his dues and the release order.
My question is.
1) What is the limitation period for these types of cases?
2) Will any application for condonation for delay be acceptable in the said case? If yes, what logic to be shown for the delay? Will not that showing the mental problem as the reason for delay cause problem later on for his future employment?
3) Which court the application is to be filed with and under what sections?
4) Should he send his claim now at least to start with?
Thanks in advance.
Anonymous
21 January 2012 at 14:53
One of my relations has been offered a job of an Administrative Professional with a total annual CTC above Rs.20 lakhs with an understanding that the CTC components can be mutually worked out.
I seek help from experts for negotiating the best possible CTC components which would limit the income-tax liability to the barest minimum. Kindly guide by listing out each component.Thanks in advance.
shailesh pandey
21 January 2012 at 14:26
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.
(for year 2010-11 )
whether he is entitled for bonus. If we denoy as he left without notice then what will be legal complication if any
kindly advice
regards
shailesh
Gopal Ranjan Panigrahi
21 January 2012 at 10:20
Sir, having recently established a Solar plant of 2 MW
wherein i) Employees less than 10
ii) No manufacturing process carried on iii) Power would be sold to State Electricity Board
The Factory inspector is insisting that Factory Act would be applicable.But as the above conditions it does not come under purview of Factory Act.
Pl guide specefic whether in Solar Plant-Is Factory licence would be required and if not which Labour Laws will be applicable
Payment of gratuity
The Life Insurance Corporation of India, with whom the employer had an undertaking under the Group Gratuity Scheme for the payment of gratuity to its employees had released the gratuity on the date of retirement of the employee.But the employer did not pay the amount as there was a dispute.After six years
the controlling authority is issuing direction for the payment of the amount to the employee.Can mesne profit could be claimed from the employer since he had utilised the amount in business for six years.