raghavendra
24 October 2011 at 23:31
sir,
employees collectivley filed petition in labour court under section 10(4)(A) read with section 2A , i have filed the counter statement and stated to frame the preliminary issued regarding mantainability of the petition ,
court framed the preliminary issues and posted the case for hearing on preliminary issues ,
i prayed that i will lead the evidence on preliminary issue but court rejected my prayer,
now my request is i want to lead the evidence on preliminary issue i want some supporting judgement , which should says on preliminary issues also we can lead evidence ,
thanking you
sekar
24 October 2011 at 22:19
The employer is bound to pay the hospital bills as u got injured while attending/going to attend your job.
No lawyer can attend disciplinary proceedings....from both sides.
vaibhav negi
24 October 2011 at 19:35
Hi, My mother got state government job (Teacher) after marriage, in which the original Name was written in all of the documents i.e, kala devi (kala devi is written in all marksheets and graduation certificates). After a few years my father got expired (he was in army) at that time My mother-in-law (my dad's mother) wrote in the documents (of army) a different name(because at that time my grandmother used to a nick name) which was , Smt. Poonam. So from that time (about 28 years ago) till now it got the same name(Smt poonam Devi) in the pension which is obtained on behalf of my father.
on 2008 my mother also got retired from primary Teacher Job. The biggest problem is that my mother was not aware of this thing,that in future it would be more paining, and now All the bills(electricity, water,pen card,voter id and in ration card) have the name Kala Devi. But the bank (SBI, in which my father pension comes) is saying that attach the proof of Address in which there should be a name in which Smt Poonam is mentioned. in few months there would be a unique Id, exists, then it would be more paining, because i know in future this thing (two different names with same residential address, drawing two pension would collide) how this problem can be resolved?. My mom is so tensed, as someone said that in army if they find this fault, they would stop the pension and also would recover whole of the pension they have given to us since my father death.Please Guide Me, I am not finding a way, your guidance would be highly appreciable. Thanku.
Anonymous
24 October 2011 at 19:05
Sir,
one employee was reverted for three years,meantime having chargesheeted for absenteism, he was compulsorily retired in lower grade. Is it legally correct if not any supreme court citation please quote.
Balaji Natarajan
24 October 2011 at 17:51
Hi sir,
i have been working with Accenture for the past 18 months and i had to resign my job as my wife is moving abroad with my 10 months old daughter as she is still feeding her and i need to take care of them .
But my HR informed me that i have to serve 90 days mandatory notice period and it is must .
As i explained them the issue they are ready to waive my notice perid . but they are asking me to pay my complete one moth salary calculated for each and every day and it includes my Basic , HRA ,Statutory Bonus, shift allowance and evry thing except my PF.
kindly let me know wetehr i am supporsed to pay the complete salary even though im not gonna be with this company or just the Basic as otehr companies do as the employees to pay when they want to leave the company.
Awaiting response .
Anonymous
24 October 2011 at 12:11
I was employed with Allianz Bajab Life Insurance Co. Ltd. from July 2007 to October 2007 and could not complete even six months when many of the Business Development Managers (including me) were forcibly asked to submit resignation, reason given to us was that of reducing employee strength.
Accordingly, 3 of us resigned and filled up the forms for PF withdrawal and reimbursement of certain emoluments, such as mobile and travelling expenses, which I never received till date. I do not have a copy of the offer letter as that was taken back by their HR department.
I received a few sms on my mobile from Bajaj Allianz saying that an amount of Rs.6309/- is falling due on my part for full and final settlement, which I am supposed to send to them by a DD/Pay Order within 15days, or else they will be forced to take up a legal action against me.
How do I tackle with this situation, knowing the fact that I do not have any document with me to support my employment with them as I don't have a copy of the offer letter. They are saying that I had not served notice period and as per the agreement signed with them (which is not in my knowledge), I am bound to deposit the said amount.
Kindly guide me.
Anonymous
24 October 2011 at 11:56
I am working as Asst. Supervisor in Indian Railway Catering and Tourism Corporation Ltd.(A Government Of India Enterprise) for more than Three years. as per the appointment letter, probation period was of 2 yrs. My employer has not confirmed me till date even after having a clear record. There are approximate 200 Asssistant Supervisors working in IRCTC for more than Three Years and have not been confirmed yet. The Company has not informed regarding extension in written.
In this regards, i would like to know what is the maximum period that the probation in PSU can be extended and what action can employee take against the employer regarding delay of confirmation without any intimation and non information of extension of probation period Is there any rule that after certain period an employee get automatically confirm if no confirmation and extension letter of probation period has given to the employee.
Prabhakar
24 October 2011 at 07:12
. I want to clarify about a labor case which is pending before the supreme court for 4years. But the total duration of the case exceeds 30years.
The case is about the illegal retrenchment of 22employees from a private concern. Starting from the labour court all the courts and madras high court bench pronounce judgments in favor of employees.
Before 4years the management filed a Writ appeal against the high court bench before the Supreme Court. And the Supreme Court bench ordered the management to provide employement to the employees. The backwages part is pending before the court.
That back wages matter came before the court 10days back. Since the management ask time to provide calculations of backwages on their part, the bench adjourned the case till Deewali leave. And the matter is listed on 8.11.2011. But yesterday while I saw the list, the matter is listed to 24.09.2012.(ie., after one year). I could not understand why this much time. Kindly tell me whom to approach to bring the case some what earlier. We asked our lawyer but there is no good response... Already 3of the employees died and many of us are in retiring stage(few retired). Please help us.
anil mishra
23 October 2011 at 21:56
Dear Experts,
Please provide your opinion on following.
1-If a Private Limited company does not have certified standing order then where can employee lodge complain?
2- What is the punishment for not having certified standing order?
3- If co is not having standing order then on what ground they can take action in domestic inquiry.
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Vitiation of enquiry proceedings by tribunal
I was issued two chagesheets and after domestic enquiry by the same enquiry officer and on his report I was dismissed in Dec. 1987. An Award was passed in 2005 by CGIT New Delhi in which the enquiry was held fair and proper and punishment of stoppage of 2 increments with cumulative effect was passed alongwith reinstatement w.e.f. from date of dismissal. Management filed writ peetition and the award was set aside and by mutual concent it was remanded back to the Tribunal for re hearing on all issues. Now the Tribunal has by an order held the enquiry proceedings as not fair and proper i.e. the enquiry vitiated and set aside the dismissal orders and ordered accordingly.what is my status as reinstatement as I was in service during enquary proceedings.