A G NIMGAONKAR
22 November 2011 at 19:35
Respectd Sir,
Myself was working in un-aided school since 1985 to 2008.where gratuity were paid to the teachers upto 2004 but after Apex court judgement regarding Gujarat primary teachers case our management denied gratuity eventhough it was mentioned in our Appointment Order that gratuit ill be paid according to MEPS Rules & Services Act 1981.
My question : Whether I should get Gratuity from the date of Appointment i.e.1985 or 1997 after the said Ammendment?
Anonymous
22 November 2011 at 18:52
Hi Everyone...
I need expertise solutoin to my problem. I am employed with an MNC, during the course of the time I got a govt job which needs me to be joined immediately. As per my company rules one has to serve 3 months notice period after resignation. I was unaware that I will be selected for the government job. Now when I told my officials the problem they want me servce notice period for sure otherwise for the payout. I cannot afford the payout however I have offered them for 1 month payout for which they are not in an agreement.
What should I do in this current situation. Please help me.
Also is there any law that states if one gets a government job all the terms between that person and the private company will get voided ? can they waive my notice period on these grounds ?
Please please help me. waiting for your response.
Anonymous
22 November 2011 at 17:35
Respected Sir,
My client started his service career as a peon under executive engineer in a Govt.Organisation,at the time of joining he was submitted all the relevant records including school leaving certificate,so according school certificate his date of birth was mentioned in service book as 19-01-1952,but unfortunately he was retired from his service according to the decisions of medical board,prior to date of his actual date of birth .whether he will return get back his job or will he compensated ?
please refer to the attachment.
Anonymous
22 November 2011 at 13:26
Respected Sir,
Thank you very much for the reply given by Mr. Dhingraji on my query dt: 3.11.2011 in regard to retropsective absorption. Further details may please be clarified.
1. As per Swamys Guide - 1996 Page No. 222, "No Retrospective abosrption is permissible" Your Comments please
2. As per DOPT's OM No. 28016/5/85-Estt(C) Dt: 31.1.1986, "Release of the Government servants for apoointment in the enterprises : A Government servant who has been selected in the central public enterprises may be released only after obtaining and accepting his resignation from the government service"
Actually the Constable came on deputation on 15.6.87 and in the year 1995, absorption order was issued which takes effect from 15.6.87. DOPT's order is like so, how can he resign his job on 15.6.87 ? (Absorption order issued during 1995)
3. During the Deputaion period from 1987 to 1995 is pension, foriegn service contribution have been sent to his parent department. It means 1987 to 1995 he was in the roll of Tamilnadu Government. But as per Retrospective abosrption, which takes effect from 15.06.1987, it means he was in the NLC Roll. From 1987 to 1995, He was in both the Tamilnadu Government and NLC Organisation. It seems dual employment. Kindly clarify.
Anonymous
22 November 2011 at 12:53
Dear Colleagues,
As, we are aware the Labour Welfare Fund, falls under state jurisdiction and shall comes into force from a date to be notified by the State Government.
My query is : A Construction Company have labour license from Central labour department & maintaining all records and registration under central Govt Law provisions.
As, engaged in Central Govt project work (civil, electrical, mechanical, in this case, whether, respective construction firm have to deposit Labour welfare fund to state Govt or not.
Your expert opinion is requisite.
With Regards,
Ashish K Sharma
v ramachandran
22 November 2011 at 12:37
I was appointed as an advsor to the Secretary of a Private College in administrative capacity in July 1998 to manage various matters conected with the Administration of the College. The Institution has more than 300 employees belonging to the Teacjing and Non teachinh cadre and I was appointed under the non teaching cadre.By virtue of my special skills as a professional I was given exemption from signing the daily attendance register and had flexible working hours... I could come whenever I wanted and leave whenever I wanted after attending to my assigned work. I was paid the monthly salary by cheque and my name appears in the non teaching category ion the colleg clander issued every year. At the time of resigning in October 2011, I had completed 13 years of contractual service. I also hold an identity card issued by the college. The college management is refusing to pay me gratuity on the grounds that I was not signing the attendance register. This was an oral understanding. There is proof of salary payment every month for the past 13 years. How strong is my case if I take the college management to court. Pl advise.
Anonymous
22 November 2011 at 01:24
I had been selected for a PSU bank and the joined in the bank by signing the bond for Rs. 1 lakh on the said date for training. After just 3 days of training there is a news that i got selected for another Asst manager post (with higher pay and perks)in a Govt Financial regulator org. Important thing is i have nt informed that regulator organisation about my bank job, so no need for relieving letter or NOC from bank for me. My qns is whether the bond binding on me for just 3 days of training as the bank have not lost anything for my training. what will be the effect if I abscondon as they dont have any of my original certificates? or am I at the discretion of the bank? Just now I got the result and no communication started between me and bank regarding my resignation. I dont want any legal case on me as I am a civil service aspirant. so please provide me a solution.
Note: I joined in the bank even knowing that the high pay job result will be in few days because of the strict instruction by the bank to join for training at particular date and also because of the uncertain date of the regulator's publication of result and the certainity of me clearing the exam and none other than that.
raghavendra
21 November 2011 at 19:46
sir,
since last 2 years gratuity application is pending before controlling authority, management only taking adjournment ,
in that gratuity application i claimed gratuity should calculate on my last drawn consolidated salary for that i have submitted my last drawn salary certificates ,
Management is ready gratuity on basic and DA amount , but i was received consolidated amount only ,
i was not provided ESI, PF , HRA , and all , know for gratuity purpose management calculated basic and DA ,
how much i am entitle now
Anonymous
21 November 2011 at 07:12
Is PF contribution is optional upon getting form 11 from the employee..?
if it so..
can the expert please advise on this with cirucular or notification if any;
It is find that even if the salary is <6500 PF is optional...
Pl. advise and comment.
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About payment and continuation
i am working as post graduate lecturer in a permenantly nongrant institution. i was selected through a selection committee consisting of university members ,subject expert and institution personnel.i have qualified NET examination.college didnot mention the nature of appointment ie contract in advertisement .it only mentioned "REQUIRED FULL TIME LECTURERS".WITH QUALIFICATION.THEY MENTIONED THAT PAYMENT WILL BE AS PER UGC NORMS.after selection collegegave me order in which it was mentioned that "you will be appointed as a lecturer for 2 years and after completion of this period conract will be terminated.during this period only i got approval from university that i am on probation for 2 years and my services may continued ie i may be regularised after 2 years.i was given a fixed salary of 8,000 rs .i have completed my probation 2 years before and from last 2 years i am serving in same institution but college has not issued me a continuation letter also they promised me orally that my salary will be increased as per society norms .other teachers are getting 25000 rs for the same work with same qualifications.i demanded continuation letter and incrased salary but no response is from the institution.what should i do now? is my service be considered as regularised automatically? can i claim salary as per ugc norm with arrears? plz do reply.