Anonymous
11 December 2011 at 18:44
I have a case in CAT (Transfer issue). The orders reserved by the single judge. But even after one month the judge had not passed the orders.
Is there any ruling which fixes the time limit for pronouncing the orders?
Anonymous
11 December 2011 at 16:36
Under Standing orders only Manager is authorised to issue letter of termination.Can the power be used by other officers without being notified as manager?Can manager delegate the power to other subordinate officers.In short can delegated power be further delegated without express provision to others?
Anonymous
11 December 2011 at 13:57
Dear Experts,
What is mean by unit/ undertaking of " Non-employee" Character?
Thanks in advance.
Anonymous
11 December 2011 at 13:16
Sir,
A release order by services has been challenged in a tribunal which has admitted the appeal/petition and stated that "in the facts and circumstances, the release of the applicant on the basis of the impugned order dt xxxxxx shall be subject to the decision of the Tribunal in the OA."
Now Sir,
Can the impugned order dt XXXXX be implemented by the defendants? That is to can the applicant's salary etc be stopped post the order passed by the tribunal?
The OA has still not been decided.
However the respondents have staken a stand that the tribunal has not said that the release order be stopped. Therefor they continue to harass the applicant and force him to vacate govt Qrs and /or pay penal market rent etc and also stopped salary wef the date of release order.
Therefore the basic "Q" is if the release order is the impugned order, can the services with disregard to the Tribunal, go ahead and implement it?
Anonymous
11 December 2011 at 11:14
An employee was terminated after domestic enquiry.After few days, for Industrial Relation reason the termination was withdrawn unconditionally and employee was reinstated and he joined duty.The employee was again terminated on the basis of earlier enquiry under the plea that withdrawal of termination does not amount to it's cancellation.Is the action valid and tenable?
Anonymous
11 December 2011 at 11:07
In one hospital report was received that an employee had asked illegal money from patient.On the basis of report he was suspended pending enquiry.On priliminary enquiry no credible evidence was found.The suspension was waived.Can the employee file complaint of defamation.Does the internal memos in employment amount to defamation?
Anonymous
10 December 2011 at 19:56
Hi
I work with a Gurgaon based company. I have a 2 months notice period and my agreement with company is as follows –
Upon confirmation of your employment pursuant to clause 2) above, your Employment may be terminated by you by giving 2 Calendar month’s written notice
***** Clause 2) talks about probation period. ******
I am willing to buyout the notice period. But my current employer is not willing to accept buy-out. Moreover they warned me that according to company policy, my notice period would get extended by those many days for which I remain absent from office, irrespective of any amount of accumulated leaves; that is I would not be allowed to take any leaves at all, not even on holidays.
If I serve the entire notice period, I would incur a significant amount of monetary loss in terms of bonus and increment as I would miss the increment-cycle with my new engagement.
In a similar query, the experts advised to honour obligations under the contract and maintain relations with employer; which I think doesn’t help at all if HR and managers are arrogant and inhuman.
But according to my understanding my current employer is completely on the wrong footing. -- http://www.dnaindia.com/mumbai/report_hc-upholds-buyout-of-notice-period_1196417
What would be my best course of action? They(HR and Manager) are not responding to my e-mails in writing, all threats and warnings are given inside board-room or over phone. They are always insisting that all are written in contract and as I have signed it, I have no way out.
Anonymous
10 December 2011 at 17:24
When accident occurs in the factory premises, then police can be prosecution filed against management or not, where as chief inspector factory & boiler is already constituted inquiry committee & filed prosecution under section 92, of the Factories Act.(with ref. to any decision or act)
Sumy Reji
09 December 2011 at 16:36
We are getting an opportunity of business in a foreign country. We will be registering as a new company and will be deputing few employees on the foreign companies rolls from our parent company. We have decided to reinduct the employees in the parent company after a minimum period of 2 year .The deputed employees are old employees who have already completed 7 years. They are ready to go if there is a possiblity to keep the PF account active of the parent employer, so that they get the benefit of pension. Can some one help on this query?
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Can an impugned order be implemented: further "q"
Sir,
Further to my previous "Q" I wud like 2 add that "release" as mentioned in the impugned order as well as the Tribunal Order means- release from the services on medical grounds.
The applicant has challenged the release order as the medical documents have not been given to the applicant( based on which the release order were issued) even after issuing of show cause notice.
Therefore, my earnest submission to the learned counsels is:
When the tribunal has declared the release order dtxxxx as the "impugned order"
can the employer continue implementation of such an order as the decision of the tribunal has still not come?
Since this employer has done exactly that, can it be counted as violation of court/tribunal order?