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

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kumarjainn   15 August 2011 at 09:48

Is interest to be paid on arrears of back wages received by court for more than 10 years back

sir
I want to know if interest on arrears of the back wages of more than ten/fifteen/twenty years is awarded by the court. In all the judgments of serving employees where back wages is awarded no orders are given for interest. kindly clarify giving some ruling of supreme court so that claim for interest can be made to the department.
thanks

Anonymous   14 August 2011 at 16:45

G.p.f. account closure without settlement

A temporary central govt employee was terminated as he was declared surplus,he contested in various court for about 28 years ultimately he lost and his termination was confirmed by high court after 28 years.whether he can claim interest on his gpf balance.Are there provisions in gpf rules about closure of long unsetteled account without notice to subscriber?Is there no duty on the part of central govt.to send him final settlement forms and finalised the account.
Natural justice requires final settlement as if the account was current as no communication in this regards is received from concern office.
Experts kindly opine and guide.

Anonymous   14 August 2011 at 15:57

Legal conditions in govt. job

Sir how much fine is allowed in govt.job? Is a jailed person is eligible for Govt. job?

Anonymous   14 August 2011 at 10:18

Section 6(2) of rti act 2005.

In our organisation Transmission Corporation of Andhra Pradesh Limited (APTRANSCO) Erstwhile APSEB, the SPIO is quoting the High Court of A.P. judement in W.P.No.20182of 2008 (copy of the same is enclosed) and asking in writing the reasons / purpose of seeking the information under rti act 2005. After a thorough reading,I feel that this Judgment differentiates between Information and reasons for getting information. It is held that Applicant must write / explain clearly what Information he is seeking.

Therefore, I think the ratio of this judgement is not applicable to all cases. I request you to kindly give your valued opinion and also suggestion what to do on the reply of the SPIO.

sambasivakamasani   14 August 2011 at 05:03

Gratuity eligibility-any court decision.

If one works for 4 years and 240 days, is he eligible for gratuity? If eligible, any court judgment to support this.

Anonymous   13 August 2011 at 22:41

leaves

an employee was trapped ACB and suspended after 2 years, he has reinstated. he served one year of service but the ACB case not finalized. now the employee has asked for earned leave for his personal grounds. he is entitle for apply for leave for his personal ground

PRADEEP KUMAR SHARMA   13 August 2011 at 17:43

Regarding minimum wage

Dear sir,
we having a bauxite mines in Gujarat.In mines we are paying Minimum wage as the the norms of Central govt rule to those who are working in mines ,but we are having a another mines office in our refractories works in that office those who are working we are paying minimum wage as per the state govt of Gujarat.Is it correct?
Pradeep sharma

Anonymous   13 August 2011 at 15:03

Your suggestion in regrading relief clause before h.c

Sir,
I have filed petition No-1 before CAT regarding non consideration of my candidature in regarding to the selection process held in year 2004 which was allowed in 2010 but was remanded by H.C to the CAT for deciding certain issue which was dismissed on the basis of preliminary objections. The order came in June 2011

Subsequently the employer discontinued my services(as I was on adhoc services) and I filed the petition No-2 before CAT which was disallwed with main paryer but only relief of providing me the salary for the days in which I had worked. The order came in July 2011

I also came to know about the irregular appointment made by employer in year 2008 to one employee without holding selection process. So I filed the another petition No-3 by making my employer and that employee as party which was admitted recently. That employee was not made party in Petition No-1 as it was pertaining to the selection process held in year 2004 only


Now I am filing the writ petition against the order of CAT in petition No-1 on certain grounds which I had mentioned in writ petition

Sir, Kindly look upon the above circumstances what relief/prayer can be added especially in reagrd to the employee who had been made party in petition No-3 as I came to know about his irregular appointment only by the way of counter affidavit filed by the Respondentemployer in Petition No-1

Regards

n.jayavel   13 August 2011 at 12:26

Bocw

as per BOCW Act we need to pay 1% of Cost of Construction as CESS to labour Welfare Fund to the state where the works Contract is going on.

Our question is Cost of construction includes Supply of Equipments like AIr conditioner, DG Sets,Mechanical equipments or not?

Pls clarify the same to arrive the correct CESS Amount.

Anonymous   12 August 2011 at 21:20

Payment of bonus to resigned or left employees

Dear Experts,

I had joined in one of the Pvt. Ltd., company in the month of Mar' 2010. The company has not given me any appointment letter or joining report. I have left the organization in the month of Aug' 2011 with a one month prior notice, at the time of leaving the organization also company has not provided me Relieving Letter and Experience Letter, but my salary has been credited directly in the bank through ECS from the company.

Company has created the bonus provision as per Labour laws nad IT Act as on 31- mar-11 balance sheet. Company will announce the bonus to the employees only in the month of October (at the time of Dasara).

MY DOUBT IS WHETHER CAN I GET THE BONUS FOR FY 2010-11 AND FY 2011-12. IF YES, PLEASE PROVIDE ME THE SECTIONS AND PROCEDURE TO GET THE BONUS FROM COMPANY.

MOREOVER COMPANY HAS STOPPED MY FIVE DAYS SALARY, INCENTIVES AND LEAVE ENCASEMENT ALSO. PLEASE PROVIDE ME THE PROCEDURE TO GET THE ABOVE ARREARS ALSO.


REGARDS,


PRAVEEN