mcs rammanohar
02 January 2012 at 14:52
As far as govt of tamilnadu employees pay slip for their employees certain office were issued monthly. but some of the offices issuing unauthenticated pay slip. they replied that no such provision is available for authenticated pay slip. If any provision is available for litigate this matter
Ganesh
02 January 2012 at 09:35
Are there any set rules regarding marking attendence of employees through swipe cards. Is calibration of Swipe machines important. Any guidelines regarding securing the input data.
sasankajyoti sharma
01 January 2012 at 20:55
An unskilled labourer had been working under a Contract Firm for a Public Sector Undertaking. He was employed in a Chemical plant of the said Undertaking without proper training.
The Contract Firm which supplied him as man-power to perform the duties of the said Undertaking is a registered firm of the said Undertaking. The P. F. deductions for the said Labourer was regularly made by the said Public Sector Undertaking during his employment.
While on duty the said labourer died at the premises of the said Undertaking. But, after his death both the Contract Firm as well as the said Public Sector Undertaking shows indifference towards any compensation or responsibility demanded by his dependents.
Now, the question is that whether it is the responsibility of the Contract Firm to pay necessary compensation to the dependents or whether the Contract Firm can be demanded for Compensation or not.
Anonymous
31 December 2011 at 19:20
Dear experts,
An employee left a company to start his own business but experienced loss and finally closed his new business.
Fortunately one of his old colleague who was working on his post after he left the company also resigned and he again applied for the same post on which he was working but this time company send his a single page letter with heading "Offer of employment" in which it is written that it is a fresh employment with same terms and condition and on the same salary which he was receiving 4 year back when he left
He contacted the HR department to give him proper appointment letter after considering increased cost of living index but they refused by saying that they are not willing to issue new appointment letter.
Is it not against law that a fresh employment must be with proper and new appointment letter and old appointment letter expires as soon as an employee left the job
Anonymous
31 December 2011 at 17:55
In a Govt.Deptt, 15o employees had been promoted in 2009 on regular basis under a special promotion scheme. In 2011, a recruitment order is issued wherein provisions made for review of promotions given in 2009. This order given effect from 1.1.2011. The grounds for review of promotions granted in 2009 is that the reservation orders were not then followed. If the exercise of review is done under the present order, it shall amount reversion of general category candidates and thus affect adversely their interests.
Please clarify
(i) whether such order issued in 2011 given effect from 1.1.2011 containing provisions of review of promotions made in 2009 is valid in law;
(ii) whether the promotions granted in 2009 can be reviewed in 2011;
(iii) what is the suggestion for safeguard to these promoted employees.
Anonymous
31 December 2011 at 15:15
Dear Experts,
Can the manufacturing company engage all the workers though contractor?
Alternatively can the employer engage 100% workers through contractors?
P.S :- All the Contractors & Prinipal Employer follow all the provisions of Contract Labour Act
Anonymous
30 December 2011 at 21:47
Dear Experts,
For workers the wages are being calculated for 26 days ( i.e. no weekly off is being paid to them )
So as per eligibility for 80 days the weekly off would be excluded ( if the woman is from worker category )
Is my interpretation is correct?
Anonymous
30 December 2011 at 20:59
Dear Experts,
1) What is the maximum period that the Workman can be enjoyed as " Protected Workman " under IDA Section 33
2) What are grounds / reasons which can disentitle the workman to remain as " Protected Workman "
3) What are the privileges can be enjoyed by Protected Workman?
Thanks in advance.
Anonymous
30 December 2011 at 20:50
my father served in army for 10 years out of which 5 years as a short service commissioned officer. is he eligible foe pension? i read in a article in THE HINDU about a judgment of AFT in this matter. kindly advise. please tell the provisions and any judgement in this matter
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Regarding applicability of bocw on pipes used in execution of pipeline contract.
The pipes are moved from one state to another state under the payment of Central Sales Tax for which the buyer has issued ‘C’ form. The renowned lawyer has opinioned that ince the pipes are manufactured in factory covered under Factories Act and used by the same contractor i.e. the pipe manufacturer for executing pipeline contract in another state, the value only attributable to Lowering, Laying, Jointing, Testing of the pipeline will cover under BOCW Act and hence, the BOCW is not applicable on pipes supplied from one state to another state, even if, they are used by the same manufacturer of pipes for Lowering, Laying, Jointing and Testing contract undertaken though it is indivisible contract. The owner of the contract has accepted this and asked the manufacturer cum contractor to submit an undertaking for any eventuality of the contention being not accepted by BOCW Authorities and the liability to settle the issue remains with the manufacturer cum contractor. They have provided such undertaking to the owner. After some time, owner has obtained another opinion from a Lawyer which is attached herewith as Annexure 2 and hence, the matter is still unresolved. The manufacturer cum contractor has again approached the Lawyer who has given his earlier opinion which is attached herewith as Annexure 1 and according to his conversation, he has reiterated his position and even further added that since this pipeline is forming part of plant and machinery for power generation and being an essential part of the total power generation project, the BOCW Act is not applicable on the same. He being retainer with the owner who was restrained him for giving any such opinion to the manufacturer cum contractor and hence, we seek your advise as follows :
1)Is the BOCW Act is applicable to the pipeline contract?
2)If yes, is it applicable only on the civil portion of the pipeline contract i.e. Lowering, Laying, Jointing, Testing etc.?
3)Is the pipe value from the contract is deductable while arriving at BOCW applicable amount? If yes, kindly give us your valuable inputs on this. If No, what are the reasons?