Anonymous
30 December 2011 at 10:55
Dear Experts,
Is it compulsory to have approved relaxation for overtime from Factory Inspector otherwise all OT done would be illegal?
Can you please throw some light on it..
Thanks in advance.
Anonymous
29 December 2011 at 22:58
Sir,
i m in dire need of latest citations of both Hon'ble high courts/supreme courts on medical representatives a sales promotion employee as WORKMAN.
ALSO desirous of citations on NO interference in the award of Tribunal after expiry of 30 days of publication of the award attained finality.
@@@Zupr!y@
28 December 2011 at 16:42
Dear All,
My father is a bank officer in Gramin Bank,working from past 27 years.
Long back two widows(customers) logged a complain against my father that my father took their money personally(outside bank) and promised to return them back in few days but didnt return back.they said so because they were not able to pay the debts which they had taken from the bank.
My father is very innocent in this case.
An enquiry was being conducted for this but the authority somehow proved my father as culprit and said that it was all your pre plan inspite of having each and every documents fairly correct without an inch of fault.
For this case recently he got a letter from his chairman of post dismissal from service and yesterday he got the letter of "dismissal" for the same act. the case will now go in Boards but there again the final decision is to be taken by Chairman and Chairman is not at all in favour of my father.
i know my father is very innocent in this regard but i am confused what action should be taken by him so as to save his job now.
Please help me and my father.!!!
PBS KUMAR
28 December 2011 at 13:47
Dear Experts,
What are the components attracted while calculating the LOP of an employee ?
Generally it is on Basic and DA. Is there any Standared Procedure for LOP ?
Regards,
PBS KUMAR
Anonymous
27 December 2011 at 12:52
Sir,
I would like to seek your guidance in my case.
I am a Chartered Accountant in practice for a considerable period of time.
In the year 1991 one of my employees left the firm on his own. Subsequently he filed a petition in labour court that he has been dismissed wrongfully and got an exparte award for reinstatement and back wages.
The award was made treating the firm as a trading firm viz" As the name of the suggests it can be presumed that the firm is a Trading Firm"
I with the advise of a counsel filed a Writ Petition in the High Court.
The High Court on the petition of the employee before proceeding with the Writ petition passed order u/s 17B of Industrial Dispute Act to pay the back wages and also the current wages regularly till the disposal of Writ Petition.
Our pleas that to a professional firm employing less than 10 persons Industrial Dispute Act does not apply and also since the award has been passed treating the firm as a trading firm, the award is a nullity as it is without jurisdiction were not adhered to.( Of course this plea was not taken up by my counsel in the writ petition. He had of course mentioned in the writ the the petitioner is a Chartered Accountant.)
Being frustrated I withdrew the Writ Petition in the year 2009.
Again I am being herrerased by the labour Authorities.
Kindly advise me what steps I should take.
Can I file Writ Petition again taking the plea that it is a "Nullity Order on account of without Jurisdiction"
Kindly Advise.
kumarjainn
27 December 2011 at 07:09
sir
I was not considered for promotion in the year 1998. The Delhi high court gave judgement in my favour. Vide court order the department directed me to appear before the review Assessment Board, for the year 1998. The board declared me 'not yet fit' for promotion.
I needed 60% marks in the Board for being declared fit for promotion.
Supreme court in various judgemnt has given the following ruling.
1. The interview marks cannot be more than 10-15% of the total marks of written examination/Marks of ACR.
2. Result should be declared after considering the total marks of
1 written examination/ACR marks
2.interview
In my case i had obtained 778/800 marks in ACR.
marks for ACR = 800
marks for interview = 100
Total = 900
60% of 900 = 540
Since I have obtained more than 540 marks (782 marks ) in ACR itself the deparment should have declared me fit for promotion. Thus deparment has wrongly complied the judgement. can I file contempt of court.
Anonymous
26 December 2011 at 18:51
sir,
past 7 years am working contract labour non-break in society of autonomous bodies. first 3 years consolidate salary and 2007 to till date on scale payment as per government rule. now they are going to changing again consolidate if it possible? and Are we eligible to claim regular post can you tell good solution.
Anonymous
26 December 2011 at 15:14
Sir,
my son was suffering from schizopernia and when he was taking treatment he has resigned the job without the knowledge of his wife and children and parents. He was an central government defence employee and he has not taken any settlement also. Now through some relaible source we came to know that he has resigned. doctors in Nimhans have given fitness certificate for rejoining the duty. But since he has resigned and not taken one rupee as settlement we went and met the director of the organisation and he told that the we have to taken up the matter witht he Head quarter. So we made an request to the Headquarter but till date there is no reply. He has put 9 years of service and he ha two children and old parents, wife what is the best way to get back his job can his wife proceed legally. Is there any way to get back the job. Accooridng to law with in seven years we can request for job they say. please advice.
Anonymous
25 December 2011 at 17:51
Dear sir, i have worked in doordarshan in 1992 to 1997 in mustroll. my cooleage are permanent in few years back. i want to know can i get the chance by labour court if i file the case . can u suggest me. wht i want to do?
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Payment of gratuity
While making payment of gratuity by the compoany, whether training period of employee is also included, while calculating period of five years.An employe who had completed 4 years and six month of work including his training period. whether he is authorised for payment of gratuity.
Jai Singh,
Asst Manager Legal.
jai.singh@sanghicement.com