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
kumarjainn
30 December 2011 at 19:54
sir
on last date of hearing i.e. 24.3.2010 Hon'ble supreme court has made the following order in a promotion case SLP NO. 7100/2009 after counter and rejoinder formlities is completed. After that it did not come up for hearing. after how much time the case will be heard and decided.
" Leave granted.
Interim order limited to the question shall continue.
Hearing expedited."
when this case will come up for hearing.
kumarjainn
30 December 2011 at 19:53
sir
on last date of hearing i.e. 24.3.2010 Hon'ble supreme court has made the following order in a promotion case SLP NO. 7100/2009 after counter and rejoinder formlities is completed. After that it did not come up for hearing. after how much time the case will be heard and decided.
" Leave granted.
Interim order limited to the question shall continue.
Hearing expedited."
when this case will come up for hearing.
Anonymous
30 December 2011 at 19:46
Dear experts,
Consider the following scenerio
There are two companies A and B
Company A has two units one manufacturing Water pumps motors and other manufacturing Capacitors in a state.
Due to expiry of exemptions of sales tax in the state company A closed it manufacturing operation of water pumps in the state and shifted the manufacturing operation in state B which was giving that exemption. The other manufacturing unit of capacitors was given to company B on conducting basis under an agreement of owner and conductor.
Employees of Capacitor unit of company 'A' were given full and final settlement without gratuity and new appointment letter (of next date of resignation from company A)in company B were issued to the employees with a clause in appointment letter of company 'B' that for gratuity purpose their service will be treated as continuous
Also the two directors of company B are wives of two directors and promoters of company A
Now my question to experts is whether we can say that 1) Company 'A' and company 'B' belongs to same Management since Directors of both company are relatives
2) Employees of company A who got new appointment in company B without a single day break in their service are in continuous service of same management who controls both company
Anonymous
30 December 2011 at 19:04
Dear legal Experts,
Please give your advise on the following query
Facts of the case
----------------------
An employee worked in 4 different delhi based companies of a large group having five different companies (manufacturing
and marketing same product) for 10 years as a clerk in corporate Income tax department looking after and assisting CA's in
Income tax work of all 5 companies.He also have appointment letters having 100% identical terms and conditions of all 4
different companies.
During his 10 year of tenure he worked for 2 years in first company, 2 years in second company, 3 years in third company
and 3 year in fourth company since the group companies keep on closing their manufacturing operations regularly as a
result of cost cutting and competetion from MNC but as old income tax work was going on for all the companies he was
needed and shifted regularly in the running manufacturing company.In the eleventh year of his service he was shifted to the
fifth company with a new appointment letter having same languages as earlier ones to do the same job profile but this time
he was given gratuity and full and final settlement of 10 year of service as per decision of management with a verbal
assurance from HR Manager of fifth company (who was also shifted from 4th company along with the workman) that since
your services are needed further your continuity of service is not broken.
The workman never applied for this 10 year of gratuity (from 4 companies) on Form I but his gratuity payment cheque of 10
year service was given to him after 3 months of his date of exit from the account of 4th company where he served only 3 years
and although he was not interested to accept, the HR Manager advice him not to ignore it as it will make management
angry with him and he may loose his job.Unwillingly under fear of losing job he accepted and encashed the cheque.In the 11th year one of his colleague who also received the gratuity from 4th company before joining fifth company resigned and at that time he was given gratuity amount as per formula of gratuity of 1 year of service from fifth company under Ex-Gratia head but not under gratuity head on his F/F payment.
Later on after passing of two more years the fifth company got merged in a large company who started retrenching old
employees under garb of economic recession and reorganisation of various department by giving retrenchment
compensation as per ID Act.This company also retrenched the workman by giving him only compensation from his date of
joining in the fifth company i.e. only for 2 years.
Now my questions to labour case experts is as follows :
Can the workman file a case in labour court and claim retrenchment compensation of total 12 year of service on the grounds
that
1)His service was continuous because at that time gratuity payment was just a formality by management of group controlling five
companies having synergy in business and mutual understanding among themselves so far as the employee services are
concerned
2) The gratuity paid was of 10 years from 4th company whereas the workman served this 4th company only for 3 years
3) The workman never claimed gratuity on his own by applying on Form 'I' as per gratuity act or never given resignation to
4th company
4) The gratuity payment on Form L given by 4th company was not within 30 days but after 90 days and is also without
interest of delayed days.
5) Form L do not have Name, Description or rubber stamp of 4th company ( but only have signatures of then HR Manager who advised him)
6) His colleague was given 1 year of gratuity under exgratia head keeping in mind the continuity of his service in the group
Please cite some High/Apex court cases if any favoring my right.
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Difference between "letter of offer of emploment" and "appointment letter"
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