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

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Randeep   12 August 2011 at 16:44

Full & final

I was working as Manager in Mohali (Punjab ) and I have resigned from the company in March 2011 with the notice period of 10 days and at that time i was having 47.5 days of earned leave with me. Now after more than 4 months i still have not received my Full & Final amount while i have sent so many mail communications to them and last communication which i have recived from the company HR manager is that i will get my cheque by 2nd week of August but still have not recived any thing.
Pls suggest me what i can do now.

Siva   12 August 2011 at 12:40

Eps calulation for international workers in employees provident fund

Hello Sir / Madam,

Please clarify any one the following detail:

How will calculate the international workers pension fund employer contribution under Employees Provident Fund Act.

Eg.1 Wages A/c No 1 1,00,000.00
Wages A/c No 10 6,500.00
Wages A/c No 21 6,500.00
Employee PF A/C No1 12,000.00
Employer PF A/C No10 541.00
Employer PF A/C No1 11,459.00
Employer PF A/C No2 1,100.00
Employer PF A/C No21 32.50
Employer PF A/C No22 0.65

Eg.2 Wages A/c No 1 1,00,000.00
Wages A/c No 10 1,00,000.00
Wages A/c No 21 1,00,000.00
Employee PF A/C No1 12,000.00
Employer PF A/C No10 8,330.00
Employer PF A/C No1 3,670.00
Employer PF A/C No2 1,100.00
Employer PF A/C No21 500.00
Employer PF A/C No22 10.00

Please send me the supporting document or link to govinthsiva@yahoo.co.in

Regards,
K.Siva
Mobile: +91-9884959838

Anonymous   12 August 2011 at 11:36

Submission of originals under bond

Is the Service Bond legal in India and what is the remedy available if the employee is not getting salary from the company and the employer is asking money to relieve the original certificates?

No bond says that a person is entitled to work without any pay. The damn employer hasn't removed my name from his BSE data as a CS. Can I go for legal proceedings against him? Shouldn't court issue some order to stop employers adopting this as a practise to make money on the sake of peace of person struggling for a job?

sonyksrtc   11 August 2011 at 23:21

Non-creamy layer clarification

Hi sir, Am applied for Teaching post in Karnataka state, under OBC reservation / Category II(A).
For non creamy layer Annual income limit was 2 Lakhs but in central OBC reservation for non creamy layer Annual income limit was 4.5 lakhs.

Here my question is why Creamy layer Annual income limit was different for central & state government?

Anonymous   11 August 2011 at 20:41

Minor punishment after initiating procedure for imposing major punishment..?

Sir, I working as R.A in Punjab State Electricity Board, when i was chargesheeted on some false allegations.I submitted reply but was punished with 3 incremenst stoppage without future effect(which is minor punishment), without holding enquiry. I prefered appeal to appellate authourity which was rejected.I have filed civil suit where I raised points that punishment order is not with reasons, it is only stated in order that "reply is not satisfactory", similarly appeal was also disposed without reasons. Secondly I have read anywhere that minor punishment cannot be awarded when punishment procedure was initiated for imposition of major punishment. I am in need of Supereme Court/High Courts judgements in favour of such pleading....please help ...

Binu   11 August 2011 at 19:44

Not return back orginal academic certificates after contract period

Sir i am working as a staff Nurse in a private hospital in punjab. I joined here as contract basis of one year. at the time of joining I submitted my all original Academic certificates in the company.in last June my contract period is over and now the company is not returning back my original certificates. they are asking me to deposit RS 25000 to get my certificates back.
Is the company has any right to hold back my certificates after contract period? What I can do for this? Can i move in legal ?

raghavendra   11 August 2011 at 18:59

Gratuity

sir,
i was terminted from the service last 5 years ago and i claimed my gratutiy, employer said i will give you the gratuity as per basic salay and dearness allownces, but there according to me there is no basic and dearness and all

employer was giving only consolidated amount ,
now at the time of evidence employer bought salary slip which showing basic deaness allownces HRA and all by creating the documents
i objected to mark that xerox documents next date employer will produce the notarised ,
i have not signed any where in that salry slip ,
how extent this is acceptable that created documents

Anonymous   10 August 2011 at 20:44

Form 16 not issued and supplied


Employer has not supplied form 16 for the period April 2009 to March2010, despite complaints and reminders to concerned HR personnel by email. The matter was escalated to CEO by email and reminders were also sent.
No one has issued any acknowledgment or reply and form 16 was also not supplied. Employee had requested to supply the form 16 by redg/speed post only.
Employee has decided to lodge a complaint with Income Tax authorities.
To whom the complaint should be addressed?
The complaint should be lodged at the location of employee or the location where employer files return?
What are the rules or law if the employer does not supply form 16, to punish the employer? What are the applicable penalties?
Please provide the detailed process to lodge a complaint

Anonymous   10 August 2011 at 11:41

How to go about ???

Respected Sir !
Sadar Namaskar-

My son is at present undergoing training in Madhya Pradesh Generation Company and the training is about to be completed in five months. He is under Service Bond according to which he has to pay Rs. 2 lakhs if he leaves the present job before completion of 5 years. So far so good and we have no problem in paying the amount if he gets a better offer.

Now the problem is that even if we say that we are ready to pay the amount, they do not forward my son's application for candidature elsewhere due to sluggishness. he is posted at BIRSINGHPUR THERMAL POWER STATION and the head quarters office is at Jabalpur where the application is required to be forwarded. If he applies independently without mentioning that he is working in a Public Sector Thermal Power Station, it amounts to telling lies in the application which is dangerous for the career. In public sector no body bothers about such petty things and if we send an application for forwarding, neither it is forwarded nor do we get any reply.

My request with folded hands to you, Sir, is that can we force the administration to forward his applications by any means. I repeat that if he gets selected, I am ready to beg, borrow or steal and pay for the bond amount.

I shall be having no words to express my gratitude if I am advised as to how to go about.

With regards,
J.K.SASTRY

V.N.K. MENON   10 August 2011 at 11:22

Employer conspired with reg. p.f. comm

I AM PARTY IN PERSON. History of the case: A person had made a complaint to Central P.F. Comm . which in turn was sent to Reg. P.F. Commissioner (RPFC) to take action u/s 14-B of EP & MP Act against employer for not having deposited p.f. contributions (employee + empr) due in the respective months from January 2002 to June 2002. Instead of sending notice to employer RPFC conspired with certain officials and employer deposited only the amount due and payable had it been deposited in the respective months of 2002. No interest as per S. 7Q of EP & MP Act was not deposited. The person had made complaints to CPFC, but no action was taken even though reminders were sent . As such made complaint to Secretary Labour, Govt. of India, in April 2011 – again no action was taken.

QUERY: (A) If I file a case u/s 8, 13(d)(1) of Prevention of Corruption of Act & S.120-B of IPC, will it survive. (B) If yes, whom should I make opposite parties (4) Whether Delhi has jurisdiction?

I am Applicant/ PRTY-in-Person. Shall appreciate a reply, pl. Tk U.

V.N.K. MENON