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

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Anonymous   30 August 2011 at 13:17

Resignation

Dear Sir,

I have received certain documents after the dissmissal of my review petition in delhi high court in 2005.
Documents are received in 2010 which confirms that bank played fraud with the court by misrepresenting the facts.These documents are received under RTI act with great efforts and they proves that the reply submitted by the bank was wrong since many facts were misrepresented by the fact and certain facts were denied which now are proved on the basis of documents of bank.
Can I file LPA now in delhi high court.

Secondly whether resignation once rejected in writing can be considered again and officer can be relieved on that letter.
Thirdly can an offer to resign/letter asking for permission to resign (on The date of letter officer was not in service due to illegal order of compulsorily retirement) be treated as resignation.

Ravinder reddy K   30 August 2011 at 11:18

Notice period

Hi,
i am working in IT staffing and Software development company. When i joined with them notice period is 30days or can pay basic salary of one month as per my appointment order. Recently they revised the HR policies and it was mentioned 60days as notice period, Revised HR policies were not informed in person to the employees rather they kept in a sharing folder and shared the path.
Do I need to serve 60 days notice period or can i go as per my appointment order.
I communicated to my new employer it's 30 days as per my offer letter and they are insisting me to join in 30 days, not accepting 60 days. Please suggest me what to do.

Anonymous   30 August 2011 at 10:37

Allowed in the service even after attaining superannuation.

LDC who is supposed to retire on attaining the superannuation on 30-6-2010. However, inadvertently he was allowed to continue in service upto 30-9-2010. After realising the mistake, the authorities issued order to the effect that the LDC deemed to have retired on 30-6-2010 and settled the terminal benefits on this order. The salary paid for July, August, September, 2010 was recovered from the retirement gratuity after taking an undertaking to that effect from the LDC.

Now the LDC issued a legal notice through a lawyer that the 3 months salary (for July, Aug, Sept. 2010) shall not be adjusted in the gratuity and hence the 3 months salary shall be paid.

As recovery is made after duly taking undertaking from the LDC. Now what is the reply to be given to the legal notice? Please advise.

LDC was allowed to continue in service beyond his superannuation.

sukhpal singh   29 August 2011 at 22:12

Removal from service of class 3 employee of lic of india

Sir
What the class 3 employee of LIC of India should do, who has been removed from service, either to file a case in labor court or to high court?
What should be the right path for a removed employee to get the justice speedily?

Rakesh   29 August 2011 at 20:49

Notice period of resignation(urgent pl

Dear Sir
I am working with an leading telecom company as am Astt. Manager in sales.i was asked my boss to resign due to some reasons so that i have resigned with putting two months notice as on 25th aug 2011.
sir this is to bring your kind notice that on appointment letter it is clearly mentioned that either company can terminate the employee without assigning any reason with two monts basic salary.similarly an employee can resign from the company by putting two months notice sir i have resigned by putting two months notice bt as my reporting manager told me that HR has processed my resignation just by giving 10 days notice. even i dont got any written mail from my bosses that they have accepted my resignation or not or any notice regarding.
pl let me know that what to do? as ihave an rented accomdation n all expences costing around 24000 p/month
Regards
Rakesh

Pramod   29 August 2011 at 19:43

Does asking resignation is a crime or default

Dear All
My boss wants me to leave the organization by declaring me underperformer. I am having 1 vacancy and he is trying not to feel it so that I can go in negative sales growth. He is violating the rules of Company. I promoted 1 candidate from my team so I am having vacancy. Promoted candidate given 3 candidates as a replacement. As per the company rules promoted candidate has to replace the vacancy arise because of his promotion. But my boss kept the rule aside and given those candidates for other divisions.
He taken meeting in last week to scold me but I took all the company rules in his notice and said him that he is at fault for my vacancy. Mr. Michael who get promoted under me has resigned 6monhts back
He given online resignation and I have record of its entry. My boss against the company rule allowed him to work. When I reminded him this he kept silent.
Dear all my age is not 30 year I spent 8 years in this company. Now I am getting good salary i have given my life’s potential year when I could join government job. Now this few management people want me to leave this organization. I am in final year of Law no body knows this. My plan is that to complete my law degree. I think once I will complete my LLB no body will try to tease or expel me out of the company.
Dear all is this violation of any law or is this unlawful if my manager asks me resignation. If I record his voice he asking me resignation can it be present as evidence. I am also a manager in this company.
Eight month back I was demoted because of internal politics. But 2 month back my company given me salary rise of rs.7000/- Company does not have any complaint regarding me. But my immediate manager is trying to make my record negative.
What should I do kindly guide me ?

Srinivas   29 August 2011 at 10:54

Notice period buyout

Dear Sir,

I work in a software IT company in Bangalore, India. According to my employment letter, The termination clause says "This contract of employment is terminable without reasons by either parties giving 3 months. Company reserves the right to pay or recover salary in lieu of notice period."

Now I have resigned and informed the HR that I am ready to serve one month and will compensate the 2 months notice period. Many of the employees are relieved in this case. But for me, my manager is not relieving and with him now HR is saying "you can buyout notice period only if I am ready to sell it"

But there is no mention of such things in contract except the above written clause.

1. Can I take legal action against my company?
2. How much time will it take to give judgement as I need to join my company as early as possible?

Shah Kautuk   28 August 2011 at 22:07

Payment of gratuity

To get the proper direction and guidelines of the court in respect of the payment of Gratuity to the private/unaided school teachers, Where shall the school management file the petition? High court Or Supreme court?

vikas khatri   28 August 2011 at 15:02

Reservation

Sir i want to know how much percentage seat is reserved in GOVT. job? Can reserved seat be more than Genrel category?

sukhpal singh   27 August 2011 at 23:23

Does lic of india falls under the jurisdiction of cat

Sir,
My query is whether the Lic of India is under the jurisdiction of CAT in case of removal from service of class 3 employee from service. If not, than can one file the case in Labour court?