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

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Member (Account Deleted)   10 September 2011 at 22:47

Late payment of salary

My company pays salary regularly on 3rd of every month but from past 5 months it is paying always late it sometimes goes till 25th of the month.I have a bond agreement with the company.I have been inconvenienced by this delay.Can i leave the company on the pretext that the salary is late.Is such a bond enforceable even if it includes training expenses.Thank You

vijayanand   10 September 2011 at 13:40

Tds deducted and not shown in tds certificate

DEAR SIR,


I WAS WORKED IN THE PRIVATE ORGANISATION,CHENNAI BETWEEN 26OCT 2009 AND 28 MARCH 2011 IN CONTRACT BASIS THROUGH THE AGENCY.THIS AGENCY(BANGLORE) DEDUCTED 10% + 1% AS TDS FOR 8 MONTHS AFTER THAT THEY HAVE DEDUCTED ONLY 1% AS TDS .BUT WHILE GETTING THE TDS CERTIFICATE I DID'NT FIND ANY DEDUCTION OF 10% SHOWN IN THE TDS CERTIFICATE.

I ENQUIRED REGARDING THIS TO THE CONCERN AT THAT TIME ITSELF.BUT THEY TOLD THAT THEIR A/C DEPT DONE SOME MISTAKE FURTHER IT WILL BE RECTIFIED.ALSO THEY ASSURED VERBALLY THEY WILL REIMBURSE ME THE DEDUCTED MONEY.

IAM ASKING THIS FROM THE RESIGNED DATE BUT THEY ARE TELLING THEY WILL SETTLE THIS MONTH THAT MONTH. FINALLY ONCE I CALLED THE CEO OF THIS COMPANY HE TOLD IT WILL BE SORTED OUT WITHIN AUGUST 2011.BUT WHEN I CALLED THIS MONTH SEPTEMBER, HE IS TELLING THAT OUR HR IS NOT DOING PROPERLY.FINALLY TOLD IT WILL BE SETTLED THIS MONTH END.THEIR IT ALSO CLOSING THIS MONTH.


REGARDING THIS ISSUE WHAT I HAVE TO DO.PLEASE HELP ME.

Anonymous   09 September 2011 at 21:57

Recall application rejection in state act while the reference made in central act

The employer had filed recall application WHICH WAS DULY REJECTED against the ex- parte award of the labour court without mentioning the act under which the recall application had been filed not by the party but by the authorized representative of the company simple plain paper without affidavit and without delay condone application after 30 days of publication.
However it is pertinent to mention here that the award is not ex-parte as the company has filed w/s, rejoinder affidavit, refused to file documents ad absented itself deliberately in management witness and arguments. It has also filed various interlocutory applications/ objections rejected before passing award under the direction of high court to decide the issue at earliest.
Now challenging before the writ court the award, the recall application which was rejected under the state act while the reference order is in the central act.
Is this issue will have any serious implication in the writ court?
How this issue should be argued before the writ court?
Is there any ruling in support of submission.
Let me know.

SUKHPAL SINGH   09 September 2011 at 20:28

Regarding pay protection in punjab gramin bank

Dear Sir,
I am selected for the post of Office Assistance (Multi Purpose). Presently, I am serving in IAF about to discharge from service by 31st Oct 2011, employed in PB-II with GP-4200 on pay scale of 9300-34100. Sir, My present pay scale is 9300-34100 and the offered pay scale by the bank is 7200-19300.This bank is sponsored by Punjab National Bank.I wish to know following;
(i)Whether I would be provided with pay protection as per Govt of India rules for Ex-servicemen?
(ii)What are the latest rules for granting pay protection to Ex-servicemen in another Govt/Bank/PSU's jobs?

prashant1314   09 September 2011 at 11:29

Workmen compensation policy - agreement required ?

Dear Sir,



Lately I have read in case " CLR HC of Gujarat Page 21 " New India Assurance Co Limited V/s Hiralal Gomaji Moriya ( Regar ) & 03 Others



that , Incurance Company is not liable to pay interest & pealty of the Compensation amount



In the above scenario does it require by Employer to Draft separate Agreement with the insurance company for all the amount to be payable under Workmen Compensation Act?

prashant1314   09 September 2011 at 11:21

Punishment - compulsory retirement

Dear Seniors,



Could you please explain what are the benefits which the employee is entitle if the " Disciplinary Authority " imposes the punishment of " Compulsory Retitement?

vivek dubey   09 September 2011 at 06:33

Compassionate appointment in lic of india

Hello sir

My Dad, the LIC branch in Sultanpur
Was serving as clerk. His sudden death in their service
Date was to 19,10,2009. After the funeral my
Family's consent to serve as my deceased client
Applied. Faizabad Divisional Office a few days after application of the deceased dependent
The format of the prayer that said that it was completely filled
Send without delay by all academic certificates. I filled out the form
Educational Qualification M 0 A 0, B 0 Ad, Date (25,08,1978) Certificate
Sent by. Division of the office came after an internal inquiry and investigation
After the interview came to the letter. My interview on May 4, 2010
Division office in Faizabad. From then till now from the official
I have not received any information. Information shown on my
I was not employed due to age. Maximum age of department
Limit is 30 years. While I was applying. Then I over 30 years
Was. Nevertheless, the whole process of giving and so the passage of time
I did not answer any questions after today. I wrote to the Department
Information sought but also did not answer any questions yet.
So your humble request of me, you guide me
Please do. I am always grateful for your love and support
Will.
Applicant
Vivek Kumar Dwivedi
Excision Late Shri Ram Prasad Dwivedi 0
Sultanpur
Mo 0 09453900640
"""


VANANKAMUDI V   09 September 2011 at 04:53

Probation period of aided college librarian

I am working as a Librarian in Government Aided College and also more than 20 years served as a non-teaching staff in another aided college in the same region. I have also finished two years probation period in non-teaching position in the previous college. I have also applied through proper channel by previous management. Kindly provide whether probation period for two years applied for Librarian post in new college which also managed by H.R. & C.E Department, Government of Tamilnadu.

Regards
Vanankamdui V

Anonymous   08 September 2011 at 20:50

Resignation


I was working with bank as an officer. got offer from Pvt Bank so resigned .till the date of resignation no disciplinary proceeding were contemplated or pending.on submitting reminder to relive me bank issued charge sheet without any show cause notice. Disciplinary authority asked me to admit the charges to get relived immediately so that i can join new bank.I did admit the charges stating that since i had already submitted my resignation i do not want to contradict the charges and admit the charges subject to submissions : I did replied in short the charges .Bank instead of relieving me ordered inquiry .the inquiry was held only on papers under an understanding that i will be relieved.I did signed the back dated papers anticipating that i will be relieved>but bank played fraud and first rejected my resignation and afterwards issued compulsorily retirement orders.By this time my offer of pvt bank was withdrawn so i rebutted all the charges with documentary evidences and submitted appeal for reinstatement which was rejected although I did highlighted that there was no real inquiry was ever held. than i did submitted review before Chairman wherein I was asked to submit a ;letter that in case reinstated i may be allowed to resign . I did submit that letter although i was not in service on that date due to compulsorily retirement. .chairman set aside both the orders of disciplinary authority and appellate authority and issued my reinstatement orders. But Gm personnel issued orders stating that my resignation has been accepted and i will be relieved on the same day i reported for duties on reinstatement.I did protest but all in vain .Than i took the matter to delhi high court and stated that my resignation was rejected and other letter was simply a letter asking for permission to resign so my relieving was illegal. But court decided in bank favour treating my letter of the date when I was under compulsorily retired as resignation.My lPA ands Slp were dismissed in limine.
Now I have letter of bank where they have stated that i was relieved by accepting my resignation dated 22.06.98.I have rejection dated 11.08.98 of this resignation. In another letter bank said they have accepted my offer dated 19.12.98 and relieved me.( I was not in service on 19.12.98 so how they can treat it as resignation.
Please advice whether i can approach court again after losin gmy writ in 2002 and LPA /SLP in limine and tha/lpa/slp in review in 2006 with the Reason that high court order has been affirmed by highest court. But as far as i know merely dismissal of slp in limine does not affirm the single judge order.

I think that since now i have bank document stating that they have relieved me by accepting my resignation dated 22.06.98. And I have letter in writing rejecting it.Besides CMD note wherein it is mentioned that there is force in my arguments in review that no real enquiry was held and i admit the charges under an understanding that I will be relieved.
On the basis of these documents i want to approach High court again stating bank misrepresented the facts and played fraud with the court and relived me forcibly on rejected resignation .
Please advice

RAHUL AGGARWAL   08 September 2011 at 20:40

Releiving on rejected resignation

I was working with bank as an officer. got offer from Pvt Bank so resigned .till the date of resignation no disciplinary proceeding were contemplated or pending.on submitting reminder to relive me bank issued charge sheet without any show cause notice. Disciplinary authority asked me to admit the charges to get relived immediately so that i can join new bank.I did admit the charges stating that since i had already submitted my resignation i do not want to contradict the charges and admit the charges subject to submissions : I did replied in short the charges .Bank instead of relieving me ordered inquiry .the inquiry was held only on papers under an understanding that i will be relieved.I did signed the back dated papers anticipating that i will be relieved>but bank played fraud and first rejected my resignation and afterwards issued compulsorily retirement orders.By this time my offer of pvt bank was withdrawn so i rebutted all the charges with documentary evidences and submitted appeal for reinstatement which was rejected although I did highlighted that there was no real inquiry was ever held. than i did submitted review before Chairman wherein I was asked to submit a ;letter that in case reinstated i may be allowed to resign . I did submit that letter although i was not in service on that date due to compulsorily retirement. .chairman set aside both the orders of disciplinary authority and appellate authority and issued my reinstatement orders. But Gm personnel issued orders stating that my resignation has been accepted and i will be relieved on the same day i reported for duties on reinstatement.I did protest but all in vain .Than i took the matter to delhi high court and stated that my resignation was rejected and other letter was simply a letter asking for permission to resign so my relieving was illegal. But court decided in bank favour treating my letter of the date when I was under compulsorily retired as resignation.My lPA ands Slp were dismissed in limine.
Now I have letter of bank where they have stated that i was relieved by accepting my resignation dated 22.06.98.I have rejection dated 11.08.98 of this resignation. In another letter bank said they have accepted my offer dated 19.12.98 and relieved me.( I was not in service on 19.12.98 so how they can treat it as resignation.
Please advice whether i can approach court again after losin gmy writ in 2002 and LPA /SLP in limine and tha/lpa/slp in review in 2006 with the Reason that high court order has been affirmed by highest court. But as far as i know merely dismissal of slp in limine does not affirm the single judge order.

I think that since now i have bank document stating that they have relieved me by accepting my resignation dated 22.06.98. And I have letter in writing rejecting it.Besides CMD note wherein it is mentioned that there is force in my arguments in review that no real enquiry was held and i admit the charges under an understanding that I will be relieved.
On the basis of these documents i want to approach High court again stating bank misrepresented the facts and played fraud with the court and relived me forcibly on rejected resignation .
Please advice.