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

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NAMRATA DONTUL   22 September 2011 at 15:31

Applicability of the acts

Can the Contract Labour (Prohibition and Regulation) Act 1986,the Minimum Wages Act 1948 and the Workmen’s Compensation Act 1923 applicable to Payment solution provider. (IT company - card solutions)

Plz advice ASAP.

vikas khatri   22 September 2011 at 15:24

Past judgement

DEAR SIR COULD you tell me any judgement in which any person convicted in IPC 294 and got govt. job? Because i was fined Rs 200 in IPC 294 and i have been selected for a INSPECTOR job.

vinaykumardubey   22 September 2011 at 13:09

Compensation for forced to resign.


what compensation can the person will if he/she is appointed two before.

and he is not permanen in service.

what amount of compensation he /she will get aslabour law prevield in Maharashtra

SUDHIR DHAKA   22 September 2011 at 12:55

Seniority

I was acquitted in a criminal case and my department told me that I will be paid all my pay and allowances for the period of suspension. But, in next para Iwas told that no any allowance will be given including that of promotions for the said period of suspension. But, after continuous writing by me to the deptt., they issued promotion order but not in the fitted category which was due to me. My juniors are working now in the higher grades than me. Now, I have put a case in delhi high court seeking all pay and arrears including that of seniority.
I just want to know whether I will be paid all my pay and allowances along with seniority also or not. During suspension, I have also marked my attendance daily in the register also which is against the rules but the corporation told me to do so in writing.

Anonymous   22 September 2011 at 10:35

Disciplinary action against employee

Dear all,
My company is a public Limited company having business all over India.
That one of our employee(confirmed employee) deleted valuable data lying in his computer provided by our company and has also deleted his corporate mail id and has taken some valuable data for his personal benefit, when it came to the knowledge of his co-employee and the management he applogise and said she has only deleted those data which are received by him personally and taken some personal photograph lying in his official computer.Later under tremendous pressure he tendered his resignation on 25.07.2011 and he was relieved from service on 31.08.2011 and issued notice asking explaination for his such unlawful activities by way of damaging company's business and return all documents what he has taken away, in the event of his failure to provide the same we will take appropriate legal action. In reply he said that there is no official documents lying in his custody and partly admitted that he has deleted some old data as he though it is not required any more and further asked for his last month salary which his lying due.
In view of the aforesaid what action could be taken against such employee with statutory provision after he has been relieved from his job. kindly give your observation and help me.

PARTHA SARKAR   22 September 2011 at 00:19

Full and final settlement

If employer (Ltd. company - Regd. under Company’s Act) does not release full and final settlement amount and relieving letter (essential for next employment) to the employee under the following circumstances:

1. White colour jobs.
2. Served notice period (30 days) by the employee as per terms of the appointment leter.
3. Legal notice served but no response after expiry of the specified days.

Kindly advise me which will be the appropriate forum/tribunal/court to file case to recover the legal dues of the employee.

Anonymous   21 September 2011 at 22:37

Special allowance?

What is a Special Allowance in the context of Salaries in Delhi?

As per my company, they have termed special allowance as the balancing amount which is as follows:

Cost to Company-Basic Pay=Special Allownce.
Further I'm told that this amount is taxable and I will not be able to claim expenses admissible under the same heading in Direct Tax code.

My question is is it legally correct for the company to loosely use a term "Special Allowance", while not refereing to the Direct tax code?

Since this is resulting is heav tax, what can be my stand against such misleading terms?

Mr. Singh sachdeva   21 September 2011 at 17:26

Salary unpaid

Sir I have worked with the financial institution for 14 months during which there was no single complaint against me about my work either financial or behavioural.

In the month of July my institution accounts got audited and it was found that there was a discrepency of Rs.4000/- for which I apologised to the management and told to pay them back.

Due to that reason management had not paid my 2.5 months salary and i have to left my job without salary in this month.I also like to add in this that my whole work was again audited thoroughly except that problem nothing was found in my work in any format.

Can i claim that salary from them legally as I am not having any appointment letter from them?

Mr. Singh sachdeva   21 September 2011 at 17:24

Salary unpaid

Sir I have worked with the financial institution for 14 months during which there was no single complaint against me about my work either financial or behavioural.

In the month of July my school accounts got audited and it was found that there was a discrepency of some Rs.4000/- for which I apologised to the management and told to pay them back.

Due to that reason management had not paid my 2.5 months salary and i have to left my job without salary in this month.I also like to add in this that my whole work was again audited thoroughly except that problem nothing was found in my work in any format.

Can i claim that salary from them legally as I am not having any appointment letter from them?

Anonymous   21 September 2011 at 12:38

Regarding pay protection/fixation after technical resignation

Respected Sir,
I “Vivek Kumar Sinha” have worked as an auditor in the O/o The Local Audit Office (Army), Bathinda Cantt., Punjab under the jurisdiction of Principal Controller of Defence Accounts (South Western Command), Khatipura Road, Jaipur with effect from 04.06.2008 to 19.04.10. At the time of joining my basic pay was Rs. 8560/-+2800/- GP. On 01.07.2009 I got my first increment of Rs 340/- and my basic pay became Rs. 8900/-+ 2800/- GP. Now my DNI was 01.07.2010.But on 19.04.10 AN, I have been relieved with proper permission to join as an auditor in the same scale in the office of The Principal Accountant General ( Civil & Commercial Audit), Madhya Pradesh, Gwalior. And now I have been working in my new office, i.e, office of The Principal Accountant General
( Civil & Commercial Audit), Madhya Pradesh, Gwalior as an auditor with effect from 20.4.2010 till date.
As I have been relieved with proper permission, my resignation was treated as ‘Technical Formality’ and my previous service have been counted now under rule 26(2) of CCS(Pension) Rules,1972 to regulate the consequential benefits in the matter of pay fixation, carry forward of leave, pension, etc.
Now I am eligible for pay fixation. Please provide the following informations:

(a) The last pay drawn by me in my previous service should be protected or not?
(b) If last pay drawn by me in my previous service is protected, weather it is absorbable in future increments or not?
(c) Am I eligible to get my next increment on 01.07.2010?
(d) What will be my pay on 01.07.2010 and 01.07.2011?

Would you please oblige me to answer my above-mentioned questions so that I may not face any sort of monetary loss? Eagerly waiting for your point wise and rule quoted kind reply. Thanking you in anticipation.