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given me a circular stating the same which is based on a karnataka name change act of 1967.Hence my name cange could not be published in karnataka gazette.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,
Ajita Menon
23 December 2011 at 16:42
Plz. cite judgments if any supporting the validity of execution of bond by an employee. And also judgments against it.
Legally whether a bond executed by an employee is valid? Can it be challenged in a court of law to come out of the clutches of bond?
vinayak
23 December 2011 at 13:43
I want to know , can a employer hold salary of any employee on ground of short notice ?
pls advice
J SRINIVASARAO
23 December 2011 at 13:01
I have been awarded punishment in departmental enquiry with salary cut and with cut in scale of promotion in a fraud committed by outsiders while sanctioning the bank loans. Bank at the same time filed criminal case against me and those outsiders also. Now I have won the court case, and demanded the bank to pay my lost salary and scale. Bank has come out, with the plea the supreme court has recently delivered a judgement stating the punishment given in the departmental enquiry is different from court punishment and need not pay my lost salary and scale. Is it correct? How to proceed now
mohan
23 December 2011 at 10:37
Dear Sir i want to clear the matter in front of you
I have taken a trial of pump which was tripped previously and mentainance department done some work after a clearence of mentainance department.and sudden flashover took place and fire spread all over Fire Fighting people not extinguish the fire then how could i responsible for fire as i have taken trial when other department given concent and i have nothing any tools to check pumps healthiness but My department held responsible to me and suspended me which is totally illegal but due to suspension i cannot do any thing and meanwhile as previously undergone an inteview A private firm given me an appointment.i want to resign to join Private company so i want to join that firm but due to suspension i cannot tender resignation.only crgesheet is issued to me no any other proceeding being conducted.then what can i do? please guide me
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Difference between industrial tribunal, industrial court, labour court
Dear Experts,
What is the difference between Industrial Tribunal, Industrial Court, Labour Court
Which is highr authority among the three?
Thanks in advance.