Anonymous
18 January 2012 at 13:29
During a four year old labour case of illegal
termination certain emails and photocopies of
documents were procured by a terminated
employee with the help of his working colleagues.
In these emails/documents employees were
entitled for certain benefits. These
evidences(photocopies) were submitted by him
and during his cross the lawyer from
management side never asked any questions on
these documents.
Later on when management filed their evidence
affidavit they only admitted that emails seems to
be record of company but other documents
submitted by employee are manipulated or
irrelavent.
My queries for experts is :
1) How court will decide that the documents
submitted by employee are genuine as
management is not accepting them since in that
case they will be proved guilty for not paying his
all dues as per employee welfare scheme
announced earlier by them?
2) Whether his claim that they are infact
photocopies of original and his proof is genuine
since employees of his level were given those
benefit earlier will be dismissed by court ?
3) Since the case is already going on and 4 years
have passed can the employee submit a simple
hand written application to the PO that he be
given interim relief u/s 10(4) for 50% wages on
the grounds that as he is unemployed and his
savings have exhausted now,it is extremely
difficult for him to support his family consisting
of his unemployed wife and two school going
childrens studying in public school
4) Can he also file a direct application to PO of
his case to take action against management u/s
33C(2) for not paying his pre existing benefits the
proof of which he has submitted and the
management never crossed him on this proof.
Anonymous
17 January 2012 at 21:09
i am a retd state psuemployee retd on 30.6.09.my employer implemented sixth pay commission wef 1.1.07 but not implemented enhanced gratuity wef 1.1.07 on the ground that as per the amendment in the payment of gratuity act the effect is only from 24.5.10. ie retirees before the date of 24.5.10 are not eligible for the enhanced gratuity up to 10 lakh as against the limit of Rs3.5 lakhs paid to me in july 2009.
i request the forum to advice whether i am eligible for the enhanced gratuity on par with central govt employees-DCRG.
though my employer adopted sixth pay commission gratuity is also payable at enhanced level other wise otherwise is it not amounts to against the equality of law.further is there any latest amendments in the gratuity act to the rescue of my category retirees.
Anonymous
17 January 2012 at 20:57
Please provide me notes on gratuity "Union Bank of India officer conduct code 1974"
Anonymous
17 January 2012 at 13:16
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 given a minor punishment by stopping one increment during my service period of 2005, while giving the promotion order in 2010 without considering my seniority as i was the sr. most person in the South Zone list and has rendered the services for more than 11 years in the corporation not granted promotion, stating that in the five year cr report from 2005 to 2010, cr report was not good in 2005 (cr report -- is proper handling of books and registers not maintained) I have maintained all the records as well as my earlier staff maintaining & no body instructed beyond that to maintain a separate record, i have already punished for the same and how can the DPC at 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
Raja
16 January 2012 at 23:55
A proprietorship firm setup an office in Karnal/Haryana in 2007 and taken PF no. from the concerned office. He closed the office in 2008, but not till date informed to PF office and not submitted and return at all. No renewal of trade license at Karnal. He is also having office in Kolkata, a Propreitorship concern with the same name and style and is running from 2006. Now in Kolkata he need a PF no.
My question is:-
What is the procedure to continue the same number from Kolkata?
or
Whether that Old Haryana No. has to be transfered to Kolkata?
Or
Need a new number here and colse the old one. if so what is the procedure to close the same?
Anonymous
16 January 2012 at 19:55
A proprietorship firm setup an office in Karnal/Haryana in 2007 and taken PF no. from the concerned office. He closed the office in 2008, but not till date informed to PF office and not submitted and return at all. No renewal of trade license at Karnal. He is also having office in Kolkata, a Propreitorship concern with the same name and style and is running from 2006. Now in Kolkata he need a PF no.
My question is:-
What is the procedure to continue the same number from Kolkata?
or
Whether that Old Haryana No. has to be transfered to Kolkata?
Or
Need a new number here and colse the old one. if so what is the procedure to close the same?
Anonymous
16 January 2012 at 17:16
We are ministerial staff belonging to Punjab State Govt. We have to register our Union/Association with Govt. Please guide us we have to go to labour commissioner or Registrar Societies ?
Anonymous
16 January 2012 at 07:50
HISTORY:While in Quest of my back wages for an unjustified suspension period I filed a WP and omitted the author of the impugned original order (The DA) to be included as an OP/Respondent. The court had given me time to challenge and imp lead the DA And challenge the original order. I have prepared an affidavit (under Art.226 as per appellate side of the high court procedure) with 2 prayers 1.for amending the earlier prayer & praying to quash the impugned order of the DA and 2. Imp leading the Author the DA as OP/Res.3...........
QUERY:Now Should I include the DA as 3rd respondent in the Cause title of the affidavit of the petitioner and the two petitions of prayers ie.1.Amendment and imp leading prayers (as the direction is by the court itself to challenge the original order) OR in affidavit and amendment alone and as Proposed party only in the imp lead petition OR only with two respondents now and as the 3rd respondent in a clean copy after the grant/acceptance of the imp leading petition by the court or what is the exact procedure?.Please advice the procedure of including the 3rd and proposed respondent the DA in the title(Petitioner Vs.Respondents).When? Where? and How?
Anonymous
16 January 2012 at 05:12
respected experts,
a high court bench reserved the judgement in a case of service matters by october 2011. what would be the time factor to pronounce the judgement? is there any legal provisions to plead for pronouncing judgement quickly as a number of Govt. servants face superannuation during Feb.2012.
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Property from the psu
I was working in an navaratna PSU, before privatisation , the employees soceity were planning to get gift deed on around 1000 sqft land, as part of compensation.
In 2011 Feb, Government has allotted to all the employees who were on rolls before privitaisation as per government rate.Members who are in different part of Inida came & have done regisration.
Some how I was not informed in time by the soceity secretary nor others, Upon calling the active member,says that now nothing can be done?
Any justice can be sought, as I donot have any source information like membership form,fee receipt, except my employers payslip,appointment letter.