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?
Anonymous
25 December 2011 at 15:40
Dear Experts,
What is the difference between Industrial Tribunal, Industrial Court, Labour Court
Which is highr authority among the three?
Thanks in advance.
Anonymous
24 December 2011 at 19:04
Hi,
I am from Bangalore, I have changed my name after marriage. I have assumed a new name after wedding which is almost different from my old name. Following is the procedure which I followed for name change: 1. Consulted an advocate and made an affidavit with the notary,
2. Advertised in 2 of the national dailies.
3. Contacted Karnataka government press for the name change to be published in gazette. But there the authorities told me that since I work in private sector(I am not a government employee)they can not publish my name change in gazette notification, and they have given me a circular stating the same which is based on a karnataka name change act of 1967.Hence my name cange could not be published in karnataka gazette. According to karnataka govt press authorities name change in karnataka gazette can only be done for karnataka govt. employees, not for anyone else.
This is what I have gone through till now. Now I have few questions.
1. Is the name change procedure which I followed is correct? And is it correct that in karnataka gazette they won't publish name change of people working in private companies?
2. Is it compulsory to change my name in the academic certificates? I am 30 years old and I do not wish to change it in my educational certificates.
3.I am planing to go abroad on work permit, will it affect my career abroad if I do not change my name in my educational certificates? I am planing to change my name in passport, pan card, voter id, aadhar card, and in my bank account. Need I get any other document for name change so that I will not have any difficulty in future, in India as well as abroad.
Kindly advice.
Thanks in advance.
Dr G V Rao
24 December 2011 at 18:56
An employee while working in a Central Govt funded organisation under Min of Science and Technology is pursuing LLB course. His application for permission was denied by the superior authority. However he has enrolled for LLB course and attending classes between 7 am to 10 am and 5 pm to 7 pm. His official working hours are 9:30am to 6:00 pm. So on face of it he is attending classes by reporting late to work and leaving early. However his superior authority feels that this is not misconduct and on the sly allowing him to pursue studies while denying the same facility to others. My complaint on this matter was thrown away saying that his enrollment for LLB course is not within the knowledge of the organisation which is false. What remedies do i have to proceed against such employee under CCS (CCA) Rules 1965
Anonymous
23 December 2011 at 19:43
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 his service was continuous because at that time gratuity payment was just a formality by management (controlling five
companies having synergy in business and mutual understanding among themselves so far as the employee services are
concerned) because it fails to justify the following important points
a) The gratuity paid was of 10 years from 4th company whereas the workman served this 4th company only for 3 years (as
per appointment letter)
b) The workman never claimed gratuity on his own by applying on Form 'I' as per gratuity act or never given resignation to
4th company
c) 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.
d) Form L do not have Name, Description or rubber stamp of 4th company ( but only have signatures of then HR Manager who advised him)
e) His colleague was given 1 year of gratuity as exgratia keeping in mind the continuity of his service
Please cite some court cases favoring my right.
Anonymous
23 December 2011 at 18:06
May father basis salary at the time of date was Rs 4315/ He demise in september after 10 year of service
What will be the minimum EDLI benifir amount from EPFO department.
Gaurav
23 December 2011 at 17:25
Dear Experts,
Can anyone help me on applicability of Provident Fund on contractors in a greenfield project where there is only civil construction & machinery installation is being done.
Regards,
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Contempt case
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.