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

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Anonymous   02 October 2011 at 21:44

Citation on gratuity

Hi ! can any one provide me citation on gratuity payment : Warana Sahakari Sakhar Karkhana V/s Dattatray (1977)1C.L.C.77,79,81C. This citation is reffered in a book by Adv. D H Chaudhari & others Published by Chaudhari Law Publishers.

Anonymous   02 October 2011 at 10:09

Compassionate appointment

Pl.suggest a citation whereby the High Court allows compassionate appointment of deceased worker whose termination,challenged before Labour Court, was set aside and when the award was pronounced the worker died.I think there is a Madras High Court decision on this aspect

Ganesan   02 October 2011 at 09:34

Releiving letter

Hi,

I got a offer from a company with a good package and position. So I have resigned from my company a month before.

As per my appointment order in the existing company, there is no notice period clause mentioned. Later on HR policy is framed for notice period stating 3 months.This is circulated to all the emmployees and no sign is received from the employees.

My forcoming Employer required me at the earliest and not 3 months. But my present HR is very strict on 3 months.Then only releiving order will be given.

Even my forcoming HR told that no releiving letter is required, but I feel the releving is required.

If i take my formcoming HR words and left the company, will there be any legal issues?

How to surrender all my belongings?

How to handle my present company?

Need your suggestions.

regards,
Natraj

Dr. Sharad Garg   02 October 2011 at 07:58

Epf should be withdrawn or continued?

I had given a 3 mth notice period on June 16, 2011. I was instead relieved from my service w.e.f. June 30, 2011. My salary along with EPF for June, 2011 was not paid by previous employer. I joined new job on Sept 3, 2011, with the result that EPF contribution had gap of June, July, Aug, Sept (4 months). In my previous employment I had contributed to EPF for 9 years.
1. Should I withdraw my EPF amount now or should I give the same PF a/c no. to existing employer and he can continue to contribute EPF with my contribution as well in the same account?
2. What are consequences of four months of gap?
Kindly suggest.

Anonymous   02 October 2011 at 01:38

Breech the rules & service bond between the corporate company & me

Respected Sir's.


I am Ram from Hyd, My previous company is in Pune ( worked in Pune-2 months & chennai -on site project deputation-5 months).
I was served 7 months ( 6 months prohibition period) to the company. I am under 2yrs bond(Rs.100/-stamp paper) & 2 lacs bond break amount, 1 month notice period in writing.

I did'nt give any resignation letter/email in writing but i told to my management VERBALLY 1.5 months before from the day I left the company.

Reason of left is my father critical health condition. the same i told to my reporting manager, discussed & requested during the notice period but they didn't agree & not showned any humanity(they said,"bring ur father here & take treatment here but co. dont allow u to go before bond period and also company will not pay anything for the treatment, etc..)


Now they send a lawyer Notice (RPAD) to me saying that within 7 days have to re-join or else pay 2.5 lac.


But father health condition is too serious & my presence is compulsory here. so that, i could not re-join there & also not able to pay that much.

Due to my bad financial condition, I have joined in a new firm in my native, I told all details to them,they were accepted my previous company situation.

Is that bond legally valid?
if yes, what they will do generally?
bcoz as per current situation of me, unable to pay even small amount also.

will i servive on humanity point of view if they file a case on me in any court?

If i concern a good lawyer, which kind of approach is best to minimise this issue?

hope i will get best solution.

thanks in advance.

Regards
Ram

Anonymous   01 October 2011 at 23:14

Resign

as per co. rule 30 days notice period served by a person but yet does not get releaving , in this case. can person get full and final and pf fund from the company?

Anonymous   01 October 2011 at 18:41

Reinstatement & supperannuation

Dear sir,
I would like to know what will be the position in the service matter : reinstatement (& damages alternatively) was prayered but the case is prolonged beyond date of retirement ?

Anonymous   01 October 2011 at 17:48

Salary and other emoluments

Dear Sir,

I have joined in one pvt. Ltd. Company in the month of March 2010. There is no joining formalities in that company like appointment order, Joining report and other. They have paid me the salary through bank ECS. They have deducted the EPF from my salary from the month of June, 2010.

I have given the resignation letter in the month of July 2011 and i left in the month of August 2011 ( my notice period is 25 days). There is no relieving formalities also in that company like final settlement and other. Before the day of relieving they said they will clear all my dues but they have not cleared my dues. I has to get the following emoluments from the company is
1. salary
2. Leave encashment
3. Incentive for one month
4. Bonus for FY 2010-2011 (provision has been created in the Financial Statements and)
5. Bonus foy FY 2011-12


Kindly suggest me how to get all my emoluments from the company

kumarjainn   01 October 2011 at 12:45

Review assessment interview

sir
in ourdepartment promotion is done under flexible complementary scheme(FCS). i.e. if you are found fit you are promoted. no comparision from other candidate.
I did not get call for appearing in interview as they followed wrong criteria. I represented and filed a case in court. In the year 1999 i was called for assessment interview. As i had filed a case in court i was not declared fit by the board. there for in 2000 i did not appear in intervtiew smelling the same reason. as the case was takng time i appeared in 2001 and was promoted. now the court directed in my favour and has directed to take review dpc. The
department called me for appearing before the board . They did not take the interview as they say it will undermine the earlier interviews. i have already earned two promotions since then. now can they deny me promotion from 1998. the constitution of the board was as per the constitution of the interview board.as i had failed in 1999 will it have effect. in 1999 i had failed as the department applied wrong eligibility criteria. the court has ordered for review dpc and not interview

Anonymous   01 October 2011 at 12:29

Resignation

Dear All

ONE BANK OFFICER RESIGNED FROM SERVICES. HE WAS SERVED A CHARGE SHEET AFTER15 days of resignation.after conducting a sham inquiry resignation was rejected in writing giving reference of disciplinary proceeding.he was compulsorily retired after inquiry
After review officer got reinstment orders but side by side was relived from services stating your resignation has been accepted.
please accept that once a resignation rejected so how can one be relieved on that resignation.
Can a rejected resignation be acted upon.
In view after 3 months any resignation notices ends itself and in this case it was rejected in writing ,so pl guide with yr valuable advice.