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Anonymous   22 November 2011 at 13:26

Retrospective absorption

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

Labour welfare fund - allpicability

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

Refusal to pay gratuity.

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

Break the po bond

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

Gratuity

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

Pf contribution

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.

Anonymous   20 November 2011 at 23:13

Service book

Sir,
i require the information related to service book records of retired Government Official and the process of appointment of the said government official and certified documents related to the appointment of the said retired Government official who is at present a pension holder. The record relates back to year 1967-68 and took voluntary retirement in the year 1988. Can I get the service record books and papers related to appointment of the said retired official from the parent office of the person under RTI Act, 2005? Whether these records can be asked by any person who is not blood related to the person or whether the records can be asked by blood related persons only of the retired official then on what grounds can these records be taken from the parent office?

K.K.Ganguly   20 November 2011 at 16:50

How to transfer the case from mumbai to calcutta?

Ld. Experts please advise.

One big Company having H.O. at Mumbai suspended its two employees atCalcutta and started one sided mock enquiry. Finding that the Enquiry Officer is heavily tilted, the employees discontinued to attend the enquiry and approached a law firm. The said law firm,being advised by one sr.lawyer, filed suit at Mumbai City Civil Court with prayer for injunction. The hearing
has not yet started.
My question is

(1) Can the case now been transferred to Kolkata?
(2) If yes, under which law and what is the procedure?

Kindly give your valuable opinion.

Thanks in advance.

kumarjainn   20 November 2011 at 11:53

Re promotion

sir
Is there any supreme court ruling which says that if the promoted employee was eligible for promotion from few years back but could not get the promotion earlier due to govt's fault of not following the statutury eligibility criteria then the promotion will be made effective from retrospective effect without again going through the assesssment process.
example
Due to voilation of statutory rules an employee was promoted in the year 2001 instead of 1998. If he has to be considered for 1998 has he to again appear for assessment for promotion or his promotion for the year 2001 will have to be honoured for promotion w.e.f.1998. Can you give some supreme court ruling .

search9999   20 November 2011 at 10:24

Pf account number

Dear Sir,

I worked in Reliance ADAG Group company for 3 yrs and six months.
i was relieved after completing 2months notice in may 2011.

Till today i have not recd my PF account number from them,nor they have done final settlement.

My two months notice salary was not paid.

I have written at least 6letters by now with copy to all seniors but no one responds.

What can i do,i want they should at least give my PF account number so that i can follow.
I sent completed signed stamped PF withdrawl for by regd pocourier 4months back to HR manager.

Your guidance will be of great help.

regards

vijay