K.K.Ganguly
28 October 2011 at 17:03
Would the Ld. Experts give their valuable opinion in the following matter?
1) In one Airlines, one Airport Cashier has been charged for committing fraud by using other 4 counter clerks’ (who book ticket, refund money etc) ID & Password when they are found absent as per the master roll (maintained in register entered by hand showing entry & exit time & not supervised).
2) As per their internal investigation it is apprehended that in total Rs.50 Lakhs have been misappropriated from one Air Port only in one year.
3) No Police complain has yet been made & the Cashier has been charge sheeted & suspended since the said 4 retail clerks told that the Cashier had asked & had taken their ID & Passwords.
4) The Cashier attended the enquiry but soon felt that he has been targeted & the enquiry is one sided hence refused to attend giving a letter to that effect.
5) The Cashier then filed a suit in the High Court, Bombay for reliefs & the Airlines challenged the maintainability stating that the matter has to be dealt by Tribunal since it is under Industrial Dispute Act.
Now, at this stage my questions are
a) When such a big misappropriation/fraud to the tune of more than Rs.50 Lakhs in one year, in one Airport, has taken place, is it not mandatory by the Company to report the matter to Police for investigation?
b) Can the Airlines make internal investigation/enquiry, fix responsibility on one Cashier & close the matter.
c) Can any case reference be given in this regard?
d) Is the case to be filed as per Industrial Dispute Act? The law states that when a union is behind an employee then only it becomes Industrial Dispute.
Thanks in advance.
kumarjainn
28 October 2011 at 12:36
sir
i was promoted in the year 2001 by the interview assessment board, 2001 after interview.i was illegally not considered in 98.
The High court ordered for holding review DPC for 1998 as rule for consideration for intrview is 60% and not 80% .
I appeared for Review assessment 1998.I was to brief my work report and no interview was to take place. As the board awarded me less than 60% marks i was declared "not yet fit"
My serniors in my ACR had given me 78% marks on my work report. There is also no interview. how can there be so much significant difference in marks by two different group of experts on my work report. as interview marks are not added by the board a short fall has arisen and they declared not yet fit. i am giving representation to the department to cancel the interview result and hold review dpc as advised by the court.
before appearing in the review board i had sent two representation to the department for holding review dpc instead of review assessment board. but they did not agree and i was compelled to appear in the board.
am I write , can i file contempt of court for improper implementation of the order
Rajeev1978
27 October 2011 at 18:50
Dear All,
One of my friends was working with a reputed MNC bank. After almost 2 years of service, the bank terminated him without any reason.He filed a writ petiotion in the High Court challenging the termination order and simultaneously also filed a case at the Labour Court.The ALC could not get his job back or provide compensation to the employee , but managed to persuade the bank officials to provide a relieving letter to the employee , on the condition that the employee submits a back dated letter of resignation to the company.Since almost 10 months had elapsed without an employment, my friend accepted the relieving letter in hope that atleast he has some chance to seek employment on the basis of a clean service certificate.The question here is has the employee lost the right to challenge the original order of termination issued by the bank ??? Isnt this a case of arm twisting tactics by the company inorder to force employees to submission so that they get away with unfair practices ??? My friend was the only bread winner of the family with 3 dependants. Does the court expect that the aggrieved employee has no right to employment till his case is decided in the court of law ??? If the employee doesnot earn for him and his family , there will be a question of survival, let alone fight for justice !!!
I request the expert panel to submit their valuable comments on this very important case.
Regards,
Rajeev
kuppa badri narayana
27 October 2011 at 17:23
sir whether compassionate appointment can be given to a second wife whose marriage took place during the currency of the first wife but the first wife is now no longer surviving.
Anonymous
27 October 2011 at 16:07
I was employed with a small agency company of India (say ABC), having a liaison office in Dhaka, Bangladesh.
Like other employees, I was only issued an e-mail offer letter mentioning my salary but I was not issued any appointment letter with terms etc. This is the standard practice in that company, I came to know later.
I am an Indian and was sent to Dhaka as their country manager (not coming under labor law). I went there under business visa (not work permit). Seeing acute lack of professionalism and self-destructing actions of the working partner (he looks after the working. The other partner is a large company and they do not interfere in day to day work of the company I worked for), I resigned after working for 5 months. resignation was accepted amid his very rough and rude behavior (I knew he does this with all leaving employees and he does not pay salaries for 3-4 months average). Though my relieving letter mentioned that the full and final settlement will be made "shortly". My due was about $ 2,100, payable in India and in Indian Rupees.
When I followed up for the dues, ABC's office in Dhaka sent me a letter debiting me $ 2,000 on account of using my office laptop for personal use! They also made several baseless and silly allegations without any specifics. This is the nature of that person and he has been successfully fleecing employees this way.
I sent a legal notice, and did not receive any reply. I have sent my complaints to this company's financing partner who has requested me to send my case along with the others who are facing similar fate at the hands of the
Now I hear from my sources in Bangladesh that this MD is planning to ruin my life and career by sending several legal notices from many places, like Bangladesh, Nagpur (where they have office), Punjab (where the company has office), South Africa (where the company has a forex transfer account). It is reported that ABC's MD will use the larger financier's legal resources to harass me this way.
My questions are:
1. Can any company based in India do such harassment when I, as an Indian, was given appointment in India and sent from Delhi to Dhaka under non-work permit ordinary business visa.
2. What steps should I take to protect myself from such harassment. I do not have resources/money to go file or fight cases in Chandigarh / Nagpur or other far flung areas.
Request for your well thought suggestions, please.
With many thanks,
An honest manager living in Noida
Anonymous
27 October 2011 at 14:30
In a recent judgement of high court(division bench).The court has directed my previous organisation to pay me gratuity with in two months of judgemnt.Now this period has already passed neither gratuity is paid nor any intimation has been given to me.What I should do?
denis
27 October 2011 at 14:15
Hi,
We have received notice from profession tax payment as default in filling return and payment of tax under the profession tax act .
They want all the details within 7 days. Can tell me what details need to be submitting ? And how to draft letter to profession tax department for submitting the payment cum challan details.
Regards and thanks
Anonymous
27 October 2011 at 12:56
Hello Sir,
I am presently working in a PSU and will leave this within few months. Meanwhile I have applied in another central Govt job,But didnt informed to the PSU and neither has shown work ex. in central govt deptt.This is because of bad enviornment in officeand company they wont let me go for giving exams.
I have a bond of 2 lacs and 5 yrs in PSU. After resigning I will pay complete bond and will resign after giving one months notice(properly relieved).I wont be absconding.
But my point of concern is that in future can this create any problem "suppression of facts" with my new employer, if in case they discover it. Please advise me, this is killing me.
Its very urgent.
Thanks in advance.
prashant1314
27 October 2011 at 12:17
Dear Experts,
I am working in manufacturing company in pune as contract worker through registered contractor due to diwali factory will be closed for around 05 days so the Staff & Permanent Workers of the company would be getting salary for this period as the same days are included in Annual Holiday Calendar of the factory?
So am I too eligible for paid salary fot these days?
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