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

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skg   03 November 2011 at 13:49

Query regardind application under section 33 c(2)

Dear experts,

In a labour case of illegal termination, cross examination stage of workman whose designation is an executive in

management grade is over as management has closed its workman evidence.

During the cross examination stage the management has not challenged any of his evidences (photcopy of documents) but

stated in court that since he has direct access to those documents which he has submitted his designation of an executive is

justified and he is not a workman.

Although the workman has stated that although he was in executive grade but he has done primarily clerical nature of duties

through out his 16 year of service and to give strength to his case and bring the real truth in front of court he has procured

these documents from his working old colleagues since the management in its written statement has denied many truthful

facts which workman has stated in his statement of claim.

Now my question to experts is that

1) since management have not challenged the evidences by closing workman evidence, can it be assumed that management

has accepted their genuinety and will not challenge the evidences later on by saying that original should be produced as they

are the one holding the originals.

2) there are certain evidences which highlight employee welfare schemes under which workman was entitled for some money

which he never got on his full and final amount received during start of court case after 1 year of his termination.Can he

now claim these amounts (for the period before termination) u/s 33C(2) on his own by applying on Form K3 in the same

court/judge on next hearing which will be submission of evidences by management or he has to file a new case with the help

of lawyer and pay him seperate fee for this case also although in his statement of claim he has mentioned that he has not

been paid his full dues that exist before termination under long term employee benefit schemes.

rgds
skg


Anonymous   02 November 2011 at 21:26

Need to relaese a bike

Dear Respected sir...

i am new in the proffession just i want to know what is the procedure to release two wheelor & four whleeor from the court after fined a traffic police. in karnataka bangalore.

thanks in advance..

Anonymous   02 November 2011 at 21:19

Reply

Can anyone supply the format for rejoinder in the Labour Court?

Anonymous   02 November 2011 at 15:38

Facing harassment to recover full and final settlement from ex-employer after leaving company

Dear Sirs,

Where can I move the court (in which place) in the above case considering following facts.

1. The ex-employer is a pvt. ltd. company, formed by two Indian businessmen in Bangladesh.

2. The company is registered in Dhaka, Bangladesh but has people working for the same in Dhaka as well as in India, in their Chandigarh and Nagpur offices.

3. I was appointed from India and worked in Dhaka as their country manager for about 6 months, later resigned due to their MD's non-professional dealings coupled with not paying salaries to all staff. After I was relieved and receiving the dues in writing, they are not paying my full and final settlement amounts. After repeated follow ups, they have cooked up some false allegations to insinuate me and malign my career, only to avoid paying my legitimate dues.

Please advise, where can I file a case of defamation and recovery of my dues, because the company is registered in Bangladesh and I live in India. Just to mention, the partners of the company are also Indians, my salaries were being paid from India in INR and I was working in Dhaka as an employee from India under business visa (not work permit).

Can I move the court in Delhi? I live in Noida, UP.

Thanking you all in anticipation

Prabhakar   02 November 2011 at 13:46

Judment informaion

Dear sir, Can U please tell the website address to see the judgments and daily orders of Madurai Bench of Madras High Court.. Please reply. Thank you

Anonymous   02 November 2011 at 11:44

Procedure

What is the procedure after the case is referred by the Labour Commissioner to the Labour Court? Like civil cases, is the opponent(2nd party) required to submit WS on the first or subsequnr date?

PBS KUMAR   02 November 2011 at 06:48

Encashment of annual leave (earned leave)

Dear Experts

Sir,
Our company is a big manufacturing unit. We introduced 12CLs,12SL,&15ELs. The ELs as per the Factories Act. As we have approved leaves rules and as per that more than 60 days of ELs will be encashed in every Jan month before Pongal (Shankranthi) for all the employees. Now our management has changed they asked in which act it was adopted please show. As a HR-Manager I adopted these rules from the HL Kumar's Leave Rules book and the system is running since 12 years. Please give me your suggestion to over come this hurdel.
Regards,
PBS KUMAR

prashant1314   01 November 2011 at 21:10

Voluntary separation scheme....golden handshake...is it legal?

Dear Experts,

If the employer want to close down particular department / company & frames Voluntary Separation Scheme for employees isn't it illegal under provsion of Section 25 - O of ID Act?

Anonymous   01 November 2011 at 13:33

Non-payment of gratuity

My client had beeb compulsory retired on 10.06.2003 by state of Haryana,when he was of age of 56/57 years and had done a service of all most 30 years in said department.Due to pending enquaries, which does not come in purview of monetary loss,his gratuity had been with held by the department. Latter on in on completion of said departmental enquaries, only part payment of gratuity in question was made to him .Can court order to pay all amount of gratuity alongwith interest on delayed payment.Please tell some citations also.

Anonymous   01 November 2011 at 11:50

Pay protection

Dear Sirs,
I am working as Jr. Engineer in pay scale of 9300 - 34800/- in Employees' State Insurance Corporation. I have joined ESIC in June 2011. Before this i worked as Jr. Engineer in NHPC Ltd. for about 7 years in Pay scale of 13500-39500 with last basic pay 23500/-. I have changed my job from NHPC to ESIC after doing all formatlities. I want to know whether Pay Protection is applicable in my case.