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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Anonymous   22 December 2011 at 13:30

Defamation suit

dear sirs,

kindly please guide us as to it is legally valid and correct to file a defamation suit against the Head of office by a subordinate officer as the Head of office submitted wrong and false information to the Head of the Dept with ulterior motives. Is it necessary to seek permission of the Head of the Dept before filing the defamation suit ?


Anonymous   22 December 2011 at 08:09

Notice period by employer

Dear Sir

I joined a company around a year back, In the offer letter they never mentioned about the Notice Period and Notice pay and provided abount only break up of salary and joining date.
On the joining date when I reached there after resignation from previous employer, thay provided me appointment letter containg the Notice Period and Notice Pay of 3 months from my side(employee's Notice) and if they terminate or not willing to continue, can do so by giving only one month notice or notice salary for one month.
Is this stand of employer is legally stands in the eyes of law or natural justice.

I had no other option at that time to accept the same.

Please advise.

Thanks

Anonymous   21 December 2011 at 19:01

Termination from services without information

Sir,
I was a permanent employee working as Sales Manager with private insurance company before I suffered a road accident on duty hours on dated 31 Jan 2008 and suffered a head injury.
I was under treatment for more then 10mths in different hospitals in India including AIIMS. From 13th Nov 2008 I continuously asked my company to clear my job status and rejoin my office and duties. but company did not replied. My effort to sought out the problem through my continuous approach to Higher official failed and ultimately, on 12 May 2010, on reply of my mail dated 08th May 2010, company served me the termination letter through a scan copy of dated 22 April 2009, attached to the reply mail, reasoning of not availing authorize leave and information. Whereas I have submitted all my documents through my parents personally to the local branch. Moreover, On the site of accident the Area Manager and one of my colleague both of themselves were present and my colleagues is a eyewitness under section 166. Company officials did not even asked me to clear my status neither corresponded with me in past nor paid any medical benefit or compensation to the said event besides terminating my services. Kindly let me know what should I do now to regain my status?

ganesh sharma   21 December 2011 at 17:01

Appointment letter, salary slip etc

sir, i have been called by a PSU for written test & interview for the post of junior accontant. the invitation letter states that " bring original certificates in support of experience (including appointment letter, release order, salary slip etc.,) for verification at the time of interview."
the experience required for this post was 3 years . i applied for it in march 2011 . by that time i had experience of 4 years which comprised of 3 years 2 months in my previous company and 10 months in my present company.
now the confusion is that i have only experience certifcate from my previous company but i dont have appointment letter as well as salary slip or release order etc from my previous company as there was no system in that company to give these documents. my present company is also not giving me appointment letter or salary slip but is willing to give me only a certificate stating that i am working with them .
so in short i have only experience certificate from previous and present company and no other document.
can you tell me whether experience certificate shall suffice or not?????

Anonymous   21 December 2011 at 14:51

Gratuity to contract labour

is there any judgment on payment of Gratuity by the Principal Employer in respect of contract labour working with different contractors for different time with less than 5 yrs service in respect of each contractor but more than 20 years of total service

Anonymous   21 December 2011 at 13:18

Amended sec 30 0f advocates act 1961

In view of the amendment to sec 30 of Advocates Acts and notification relating to it's implementation, can Advocates appear in proceedings under Industrial Disputes Act 1947 without consent of other side and permission of the court?

Anonymous   21 December 2011 at 03:45

Legal notice -

After leaving my company i get a legal notice of paying them money against company expense, where as no agreement was signed in this regard.
Now i have got a legal notice asking me to pay the amount with in 7 days.
pls suggest.

Anonymous   20 December 2011 at 18:59

Gratuity and other fund

dear experts plz advise me on the service law there is an advocate in delhi who works for MCD(MUNICIPAL CORPORATION OF DELHI) WORKERS who got retired or expired on job.
according to him after getting the benefits after retirement/death there also remains some money with the department and he files the petition or application and get the further amt to the employee I m totally confused under which law he gets the amt.
plz help me in this matter.

Anonymous   20 December 2011 at 14:03

Settlement .....minumum wages...

Dear Experts,

If the Union made a Settlement with Management

If the Basic + DA determined by both parties are more than minimum wages at the time of Settlement + Other Allowances per month ( Settlement is for 3 years )

But if after 01st year the minimum wages has been revised ( Basic + DA ) but the Settlement wages are less than minimum wages ( Basic + DA ) but including all allowances the Wages per month are more than minimim wages then can union ask for revision of Basic + DA though the wages per month are more than Minimum wages prescribed by the Government?

Karan Gaur   20 December 2011 at 12:31

Provident fund applicability

an employee is paid Rs. 400/- as daily wages for 13 days every month (total 13*400=5200).

Whether he could be an excluded employee because if we calculate his wages in monthly terms that comes to Rs. 10400 (26 days*400)