Anonymous
20 January 2012 at 13:40
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
Hi,
Can any one send particular classification of cities into area A,B & C (Labout act)
Anonymous
20 January 2012 at 12:09
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
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
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.
Anonymous
19 January 2012 at 13:45
HI.. I HAVE PURCHASED A RESIDENTIAL FLAT FROM ABC COMPANY. ABC COMPANY REGISTERED WITH S.TAX DEPT AS WORKS CONTRACT SERVICE AS LAND OWNER IS A SOCIETY. DEVLOPER DEMANDS 4.12% S.TAX + 0.60 VAT ON AGREEMENT AMOUNT OF SELL OF FLAT (I.E. 13,00,000), WHERE AS I UNDERSTAND THAT WE NEED TO PAY ONLY 2.575% OF S.TAX ON AGREED AMOUNT WHICH PAID AFTER 01.07.2010, I AM TOTALLY CONFUSED. IF ANY ONE CAN HELP ME FOR RIGHT CALCULATION OF SERVICE TAX PLEASE....REGDS,
My brother entered into a sale agreement with a person to sell his land inherited by him for Rs. 25,00,000 in the month of November. He sold the land the in January. But the consideration was stated Rs.1,00,000 which is the guideline value in Tamilnadu.The stamp duty was paid for Rs.1,00,000 and the saledeed was registered.
Whether he can use the unregd sale agreement?
whether the investment of the amount to purchase a land within 6 months of sale is exempted from income tax?
As per(Registration act,sale agreement need not be registered
Advice me to invest the amount
Devnandan Sharma
18 January 2012 at 17:26
I was graned an extraordinary leave with lien for 6 years to join a forein post. During the leave a criminal case was instituted against me which is pending. After expiry of leave, I reported to my employer on duty on 8.8.2008. After 16 months, I received a leter from my employer stating that my joining was accepted w.e.f. 8.8.2008. In the next paragraph of the said letter it was stated that I have been suspended w.e.f. 8.8.2008, the date of my joining.
The questions are:
1. My joining was accepted w.e.f. 8.8.2008. Does it necessarily mean that the employer has accepted me on duty?
2. Whether "acceptance of joining the post" and "acceptnce of joining duties" are not one and the same in law?
3. Can "acceptance of joining the post" have any meaning without allowing the employee to resume duty in reality even for a second.
4. The order of suspension was passed on 4.12.2009 and the suspension was made effective from 8.8.2008. Is it proper?
5. Whether I should be treated on duty from 8.8.2008 to 3.12.2009?
Sajeev Nair
18 January 2012 at 16:02
based on my five cr from 2005 to 2010 my cr report for 2005 was average, iam the senior most person as per south zone seniority list. In 2005 i have given minor punishment (cutting one increment) and my cr report of 2005 was not properly communicated to me.at that time i was a godown incharge and the cwc management without my knowledge / with out my delivery notice issued to them. they has disposed the misc (sweepings and droppings cotton) and that was not properly find out by me as it was not in our stock books maintained and no line incharge or higher official noted in their tour report or maintained my earlier godown incharge. the stock inward only taken at the time of dispose by auction, so based on not proper record maintaining i have given punishment (in ap). this was the first time our ho asked the cr for five years and some of our junior staff working in accounts section promoted even they are having less service 3 years only (newly recruited) i have made a request to our ho to consider my case sympathetically based on my long service but not succedeed. Iam working as Junior Assistant In the public sector undertaking "The Cotton Corporation of India Limited", I have already punished and the punishment was one increment cutting was over and given 2006, DPC at ho office has not considered and stopping of promotion gave me huge pain of double punishment, can i will get promotion if i was legally approched and have a justice for getting promotion
Labour laws expert
I need a contact details of Advocate from Mumbai who is expert in the field of Labour laws.