Anonymous
08 January 2012 at 23:47
I was a banker on VRS in 2001.In 1996 I was suspended stating that there was a CBI case against me and that CBI case was dropped without involving me in the charge sheet and was over in 1998.As such Exonerated.But the DA reinstated me in 12/2000(55Months) without the back wages for the suspension period.After Appealing to the AA and the Review Authority without avail I filed a writ in the HC-MDS in 2002.The case came for final hearing now.But I have made only the CMD & the ED as respondents I &II not the DA ,the author of the Impugned original order,that forbid the payment of my back wages.The kind judge had asked me to challenge the original order in the prayer.Now should I imp lead the DA as a respondent as R-III,or can I file the original copy of the original order in the affidavit and proceed the case .Please give me a detailed reply.
Trindia.
Anonymous
08 January 2012 at 13:01
In a 4 year old labour case of illegal termination at the stage of cross examination of management evidences,lower court have disobeyed order of high court in which HC has directed it to solve the case before 31/12/2011 during disposing of writ petition by management who was charged for contempt of order of High court of not to take adjournment in lower court when hearing of writ petition is going on in HC and asked the workman lawyer what workman want to purge the contempt.
In its reply workman only requested HC for early disposal of his case to purge the contempt of management who is continuously delaying the case and creating hardship for him and his family consisting of his unemployed wife and two public school going children.
Now my question is if lower court can disobey high court order where faith of a common man towards justice in this country
will go ? Will it not lead to a situation in which common man will become judge of his own and resort to those barbaric action that took place some year ago when MD of a company was brutally killed by terminated workers who were unable to feed their family?
Is it not the duty of court after calculating the time period and condition of workman that he should be given some interim relief to overcome his hardship if management using money power and reputed lawyers is stretching the case on one or the other legal grounds and court keep on giving dates as per their convenience ignoring the condition of already ailing workman.
Is there any way in which workman can put his request that court should now grant him some relief otherwise either he had to bend in front of his employer or have to take law in his hand since law is in hands of corporates.
Karan Gaur
08 January 2012 at 12:05
am employee is paid Rs. 400 on daily basis for 12-13 days every month thereby monthly Rs. 13*400=5200/-.
Now I want to know whether PF is to be deducted or not.
other details:
1. The organisation is covered under PF Act and has above 400 employees.
Anonymous
08 January 2012 at 01:45
At time of recruitment some companies tend to ask if any criminal case is pending against the candidate. We all know that anybody can file case against anybody at anytime. The person is innocent until proven guilty and convicted.
Hidden motive of these companies by getting this information is to discriminate and shunt out the candidate against whom a case is pending. If candidate tells the truth that xyz case is pending against him, then most likely he will not be recruited. So what is the way to avoid this nuisance question by the company? What is the harm in saying that no case is pending against him? After all what right or interest a company has to know about a case that is sub judice?
Anonymous
07 January 2012 at 21:33
Dear labour case experts,
Whether paying gratuity after one year without interest to a terminated employee ( termination is without any inquiry,misconduct and chargesheet but only on grounds of surplusage and reorganisation) is sufficient to prove in court that termination was illegal as it was against Gratuity payment Act.
Mr. Sanjay Kulkarni
07 January 2012 at 12:18
Sir,
Many labours are employed in a PSU through contractors. The job work in for 2 hrs in a day. Whether the company has to pay for full day as per minimum wages act? Please clarify quoating law section details.
Karan Gaur
07 January 2012 at 10:02
am employee is paid Rs. 400 on daily basis for 12-13 days every month therby monthly Rs. 13*400=5200/-.
Now I want to know whether PF is to be deducted or not.
Anonymous
06 January 2012 at 17:29
Hi,
how to find the places Area (A,B,C) in minimum wages Act, what is the penalty if a company not pays the minimum wages
whether the penalty is applicable to company if they employee contrator
Anonymous
06 January 2012 at 14:28
in the conference calls, one of the senior guy of the company has been using abusive language.it has been recorded in the companies' storage gadgets...for ex:
1. not meeting the targets means sending your wife to somebody else as u are impotent.
2.rogues...etc...etc...
we are very much pained as the total non performance can be attributed to the companies mischievious things...and no credibility....
we want to teach that senior guy a fitting lesson.
please suggest remedies.
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Remaining on roll/strength of two govt departments
Goof Noon
I have been really disturb and worried about the following mishap for a long time. Please help me with your valuable advises, i will grateful to you.
I remained at the strength/Roll of two govt departments (PSUs) simultaneously for six months under duress(compulsion).The problem was when i joined my present Govt depptt( due to better pay scale) without proper relieving . I could not get proper relieving from my previous Govt depptt as they were not ready to relieve me before five year service.
during these six months(overlapping period,on the strength/roll of two govt depptt ) ,i neither withdraw any salary/perks nor gave any services to previous employer, though i remained on its strength/roll.
I concealed information about previous employer at the time of appointment at present Govt depptt. Although i have no mala fide intention other than getting a better job which my previous employer was not allowing.
my question is whether my simple falling on the strength/roll of previous employer would constitute double employment (Misconduct) for present employer or otherwise? would i lose my present job?
this is noteworthy that this whole scenario arised due non-supportive and nonprofessional attitude of my previous govt depptt.
Regads
Varun