HC. Subbaramu Chamappa Hanagodu
12 November 2011 at 16:55
Contract labour is allowed in non core areas like security, houes keeping, transportation, canteen (?) etc.in different states with different coverages.
Admin. charges and or supevision charges are normally agreed to between the parties and there is no govt. regulation on this unless you pay minimum wages, cover them under EPF, ESI, NFH, ERA,Factories Act,SACEA, etc.,
HC. Subbaramu
HRM & LABOUR LAW CONSULTANT
BANGALORE 560 040
mouraly
12 November 2011 at 15:29
In Pondicherry, in the month of June'11 the Asst PF Commissioner has started collecting PF Contribution from various heading like Basic, D.A., all type of allowances and incentives, EXCEPT H.R.A. and Overtime Allowances upto the limit of Rs. 6,500/-. This rule comes in retrospective effect from April'2010 onwards.
Previously PF contribution is only BASIC and D.A.
Whether collecting contribution in all types of allowances and incentives EXCEPT H.R.A. and Overtime Allowances, is legally binding or not. I need some details clarification. Kindly note of references supporting with authorities.
Vijay Jaiswal
12 November 2011 at 14:58
Dear Experts,
My name is Vijay Jaiswal. I was employed in HDFC Life Insurance.I left the company in Jan 2011, after my resignation I had submitted pf withdraw request with necessary documents.Now,after 10 months, I haven't received any payment from the company. And despite my continuous reminder company's compensation department doesn't reply my correspondence. Company's local HR told me that pf settles after 90 days from resignation. But, compensation department at Mumbai head office doesn't confirm the same. I have contacted Regional PF Commissioner' Office, Bandra, Mumbai, but no result has been come out. I just wanted to know that What should I do now to get my pf payment.
Anonymous
11 November 2011 at 15:15
Dear Experts,
I left my previous employers in due procedure of the company, i even forfeited 20 days salary. My one month salary and full and final settlement amount of the next month was put on hold as i had left and the company wanted to check my dues. Now even after 3 months the company has kept my salary with full n final settling amount on hold. Also they are not realeasing my security blank cheque i submitted at the time of joing the company. Every time i call them to realease my cheques they are giving me unnecssary reasons and delaying it. Please guide me as how to recover my salary and stop the company about misusing the security cheque ?
Sibajyoti Bardhan
11 November 2011 at 13:07
The following mail could not evoke any reply nay response and hence this appeal
for necessary clarification from the Esteemed Experts:
-------------------------------
To: cat-delhi@nic.in, catghy@rediffmail.com
From: S J Bardhan/GRO/NIC
Date: 06/14/2011 01:04PM
Subject: Request for clarification on Jurisdiction
Dear Concerned,
In view of:The Central Administrative Tribunal has been established for adjudication of disputes with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or other local authorities, would you be kind enough to clarify as to whether Public Sector Insurance Cos. (all of which are under the exclusive domain of the Ministry of Finance, GOI) are within the ambit of CAT.
Regards,
S J Bardhan.
National Ins. Co. Ltd.,
Tinsukia, Assam.
--------------------
To: NSR Chandraprasad/HO/NIC@NIC, CMD NIC/HO/NIC@NIC
From: S J Bardhan/GRO/NIC
Date: 06/14/2011 09:35PM
Cc: K P Brahma/HO/NIC@NIC, CPR Varma/HO/NIC@NIC, Subir Bhattacharyya/HO/NIC@NIC
Subject: Reminder2: Humble prayer before the CEO for adequate reparation upon Unraveling the humongous damage done to my career through the instrument called CR
To:
The Hon'ble CMD,
National Insurance Co. Ltd.,
Head Office, Kolkata.
Respected Sir,
Having since recieved the following forwarded message, I cannot but
await appropriate action with bated breath:
=============================================
"Dear Shri Barua,
By means of forwarded copy of my e-mail dt.19/03/2011 originally addressed to Shri Kanhaiya Singh, Chief Manager, Personnel, HO you were intimated that the representation addressed to the Hon'ble CMD, by Shri S J Bardhan, Employee No.15198, received through you in connection with the above was forwarded for their appropriate action.
We presume and expect that you have informed Shri Bardhan immediately of the above action taken by the undersigned, the confirmation of which is, however, still awaited.
Regards,
D R Sarkar
Chief Regional Manager
GRO."
==============================================
Regards,
S J Bardhan.
0 94351 80034(M)
-----S J Bardhan/GRO/NIC wrote on 03/19/2011 10:46AM -----
To: N Barua/GRO/NIC@NIC
From: S J Bardhan/GRO/NIC
Date: 03/19/2011 08:09PM
Cc: D R Sarkar/GRO/NIC@NIC
Subject: Reminder1: Humble prayer before the CEO for adequate reparation upon Unraveling the humongous damage done to my career through the instrument called CR
To: The Hon'ble CMD, NICL,
KOLKATA. (Through Proper Channel)
Sir,
Thank you very much for your Holi Greetings via Pop-up/Wallpaper. But "the brightness, colour and joy" you talk about and expect so much to dawn on certainly on all NICians cannot probably materialize unless systematic devaluation of the laid-down system (like it is/was evidently & evidentially writ large on the process leading to DENIAL OF PROMOTION TO THE UNDERSIGNED FROM SCALE III TO SCALE IV during the Promotion Exercise 2009) is adequately attended to and taken care of by the Appropriate Authority at the highest level.
What actually prompted this message of mine is, however, nothing but the EXPIRY of TAT vis-a-vis my APPEAL dated 07/01/2011), which does not appear to have been attended to as it was expected to (from Stage II onwards) if one has to go by the Grievance Redressal Mechanism literally and spiritually.
Regards,
S J Bardhan, Employee No. 15198,
Tinsukia DO (200400)
0 94351 80034(M)
-------------------------------------------------
PS: "As per MoPPG&P's OM no.21011/1/2010-Estt.A dt 13/4/2010, ACR (now APARs) prior to the period 2008-09 which would be recknoable for assessment of fitness in future DPCs contain final grading which are below Benchmark for next promotion, a copy of such APAR be given to the concerned employee before placing such APAR/CR before the DPC. If promotion is suffered due to ACRs prior to 2008-09 not communicated to the employee and placed before DPC without giving an opportunity to the employee to submit his say, the employee concerned can represent the issue. There is scope for change of grading based on factual position like performance during reporting period, non-communication of weaknesses during reporting period etc."
-------------------------------------------------------------------------------------------------------------------------
-----N Barua/GRO/NIC wrote: -----
To: D R Sarkar/GRO/NIC@NIC
From: N Barua/GRO/NIC
Date: 01/07/2011 05:08PM
Subject: Fw: Humble prayer before the CEO for adequate reparation upon Unravelling the humongous damage done to my career through the instrument called CR
Dear Sir,
I am forwarding a mail received from Sri S.J. Bardhan, Dy. Manager which would be found self explanatory. On the matter I have no comments to offer on the matter. However, as-far-as my 3 (Three) months in this office I have found him to be concerned, co-operative and willing to work to be part of the team.
Regards
Nilim Barua
Sr. Divisional Manager
National Insurance Company Ltd.
Tinsukia Divisional Office
Inder Mansion (2nd Floor)
A.T. Road
Tinsukia 786125
WAN No. 200400001
Cell No. 9435734990/ 9864068852
Phone: 0374 2337154
-----Forwarded by N Barua/GRO/NIC on 01/07/2011 05:01PM -----
To: N Barua/GRO/NIC@NIC
From: S J Bardhan/GRO/NIC
Date: 01/07/2011 03:22PM
Cc: D R Sarkar/GRO/NIC@NIC
Subject: Humble prayer before the CEO for adequate reparation upon Unravelling the humongous damage done to my career through the instrument called CR
Shri Nilim Baruah,
Sr. Divisional Manager, Tinsukia D O.
Sir,
With a heavy heart, I would like to lay before you (my immediate superior)
the following few lines:
1) I wish I had never found out what I have; for in that event I would
have been at least spared the excruciating pain and agony of being left
thoroughly astounded, drained, devastated and thus demotivated.
2) But having found out what I have, I am left askance as to what horrendous sin of criminal culpability I had committed to attract such appallingly adverse rating/grading (non-communicated) as to achieve the dubious distinction of scoring (-)15.4 out of 45 in 2 successive years (2006-07 & 2007-08) under the parameter called CR, from the distinguished dispensation headed by Mr. D R Sarkar, CRM, GRO.
3) Perhaps the adjective 'adverse' by itself will be an understatement in as much as even amidst one's wildest nightmare can one hardly envisage breaking the base threshold of '0' and sink further down the barrel to (-) 15.4 and yet kept unaware all throughout as to the whys and wherefores that pushed him/her down (to) this black hole (and hence tantamount to violation of the principles of natural justice)!
4) I am however still inclined to believe that something somewhere must have gone horribly wrong by way of inadvertent mistakes/errors along the procedural process at various stages and levels, which ought to be recommended suo motu for rectification including Entries borne out of malice and prejudice (absolutely personal and unrelated to performance and therefore malafide).
5) How come I could get 34.7 in the CR for 2008-09, when my assigned
operational domain was limited practically to Motor Claim (at Tinsukia DO) vis-a-vis a much wider area of operation and of course contribution comprising, inter alia, Marketing, Motor OD, CSD/CRM, Role of Regional Underwriter (Motor-Detariffing) et al during 2006-07 & 2007-08 (at GRO). Anyone participating in the Conference on Detariffing (Motor) at Parwanoo(HP) in late June 2006 will vouch for the quality (or lack of quality) of my presentation-cum-representation of GRO in that Conference and afterwards. Moreover, it was during this very GRO tenure that I got my 1st Stagnation Increment (due from 01/06/2007), which could not have been possible but for SATISFACTORY PERFORMANCE/WORK REPORT!!!
6) Having come thus far from the rank of Asstt(T), it is indeed beyond my realm of imagination as to how and why I should be made a hapless victim of discrmination and deprivation through assumption of the classic role of "Judge, Jury and Executtioner" by the distinguished dispensation and that too without the Accused getting even a whiff of an accusation/accuser/
prosecutor - let alone a proper hearing and hence violative of the basic tenets of established rules. More so, when the CRs are usually (in this part of the country) initiated, written, reviewed and filed ex post facto and in this case sans "self-appraisal" as well (by the appraisee).
In view of the foregoing, I cannot but fervently urge upon you to so take up the matter (with the appropriate authorities) that this ordinary but true NICian may at last get to see the proverbial "light at the end of the tunnel".
Regards,
S J Bardhan, Scale-III,
NICL, 2nd Floor Indar Mansion, A T Road,
TINSUKIA 786125.
PS:"Performance appraisal through Confidential Reports should be used as a tool for human resource development. Reporting Authorities should realise that the objective is to develop an officer so that he/she realises his/her true potential. It is not meant to be a fault-finding process but a developmental one"...extract from PERFORMANCE APPRAISAL: PHILOSOPHY AND APPROACH.... DOPT Brochure.
"Integrity needs no rule of law"...Albert Camus.
Amit
11 November 2011 at 11:19
Dear Sir/Ma'am
I worked in Limited company from Sep 2008. Initially I was on a retainership and after
1 year I appointed on the company roll. I resigned from my post on 30th Sep 2011 because there was lot of stress and company take work for 12 hours per day( 6 days) even on Sunday, it take 10 hours work ( company time is 8 hours). And for this no amount for Overtime or transportation was given.
I requested my reporting manager that please accept my resignation and releaved me with immediate effect. She accpeted it and releaved me with immediate effect.
Now HR department put a penalty on me Rs 36000 as a one month notice and requires this amount from me. HR executive told me that after this we will clear your PF account.
I told her that at the time of resignation, I told my reporting manager that I cant continue my job in these condition, and reporting manager agrees
and releaved me and no notice clause was put by her at that time.
I have many conversation with HR but they are still on their point.
I requested you to please suggest me what should I do?
Thanks and Regards
Amit
Anonymous
10 November 2011 at 14:52
i am working at Doordarshan Relay tower as a contract labour from last 20 years, can i get this job as a permanent basis?
Anonymous
09 November 2011 at 15:56
ar Experts,
I do have doubt in case of Registration Certificate ( RC ) - Principal Employer - Contract Labour Act - Maharashtra.
Is it required to renew the RC every year though there is no amendment in RC?
Because I searched the bare Act but could not get the information except amendment in Registration Certificate?
Anticipating for your early guidance.
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Central government employee transfer related
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