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

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K.K.Ganguly   21 January 2012 at 15:50

What is the limitation period for service law?

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

How to restrict income-tax liability on salary ?

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

Bonus payment

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

Solar plant -is factory licence required

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

AAK   20 January 2012 at 15:24

Labour laws expert

I need a contact details of Advocate from Mumbai who is expert in the field of Labour laws.

Anonymous   20 January 2012 at 13:40

Reservation

I am working as a Senior Assistant ( SA) in a Heads of Department under Odisha Government.
There are 2 Nos of sanctioned posts of Section Officer level-II ( SO L-II) .
Out of which one post is reserved for ST and remaining two meant for UR category.
Only Seniors Assistnats having 7 years experience can be eligible for promotion to the post SO L-II.
The Departmental Promtion Committee (DPC) held during 2008 considered one SC category SA as eligible ST category SA was then not available. Even though exchange of vacancy between ST&SC is not permissible. The SC category SA was pretty junior in the cadre.
Again during 2011, the DPC held that as there is no representation of ST category in the cadre of SO level-II, one ST category SA was recommended for promotion to the post of SO level-II.
After promotion of one ST, reservation in the cadre of SO L-II now stabds at 2( 66%) which violates 50 % ceiling of Honble Supeme court of India and one SA belonging to UR category is being deprived from promotion.
On protest the HOD has moved Government of Odisha stating that promotion of the SC category to the post of SO L-II is erroneous and sought permission for reversion with protection of pay.
In the meanwhile the SC category SO has moved the SC commisison for restrainment of his reversion. There is alos no order from Government in this matter as yet ( six month)
Kindly advise me if any remedy available by approaching Administrative Tribunal.
Jamini Kanta kar

Anonymous   20 January 2012 at 12:58

Area classification for minimum wages

Hi,

Can any one send particular classification of cities into area A,B & C (Labout act)

Anonymous   20 January 2012 at 12:09

Misrepresentation

Hello

if an employee conceal information about his previous employer from the current employer at the time of appointment, can the current employer initiate action against him?
it is worth noting that the concealed info has no relevance for current employer. in other no wrong has been done to the stakes of current employer as it was fresh appointment and the experience requirement was nill.

Gopal Ranjan Panigrahi   19 January 2012 at 18:31

Solar plant-is factory licence required

Sir, would Factory licence under Factory Act be required for 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

iv) In state of Chhattisgarh

If Factory licence not applicable then which of the Labour Laws are applicable.

Thanks

Anonymous   19 January 2012 at 17:30

Accident after performing duty &returning back to home

Sir
A was returning from place of duty to his home .An unknown vehicle dashed behind and was killed on spot.
Qn is:
Can employer be liable & be sued ,since, employer paid him transport charges for not providing him transport means? If yes. any Supreme Court ruling?
His heir does not want to sue unknown vehicle owner.