Anonymous
02 August 2011 at 15:36
Dear Sir,
Thanks for providing me valuable opinion from time to time. I am seeking an opinion in regards to separate petition which I am planning to file before CAT
Brief factual matrix
I have been appointed on adhoc basis in organization in 1998 and participated in the selection process held in year 2001 against 2 Unreserved posts and I was placed as waiting list. But the waiting list was not displayed/notified. Subsequently a vacancy was created due to the resignation of one employee but my case was not considered and I was too not aware of the same
Therafter in year 2005, one Reserved Post(SC) was created and one person was given appointment against the Reserved post(SC) and one person was placed in waiting list against the Reserved Post (SC)
Thereafter administration had notified one post under Reserved category (OBC)
Another Unreserved Post (UR) was vacated due to the termination of one employee and THIS TIME MY EMPLOYER HAD PLAYED WRONG TACTIC BY DIVERTING THE POST TO OTHER CANDIDATE WHO WAS PLACED UNDER RESERVED POST (SC) WITHOUT HOLDING ANY ADVERTISEMENT
I get suspected of filling the post in very clandestine manner filed RTI Application and I too get shocked to learn that my name was there in waiting list and I was denied appointment and I made representation which was rejected IN 2008 and then filed Petition (O.A) before CAT which was allowed on 2010 but the employer did not implement the order and move to High Court which was send back for limitation and challenged the High Court order by the way of SLP which was dismissed. The CAT has dismissed on the grounds of Limitation and was upheld the order in review petition in June 2011. Now I am planning to file the writ petition against the order
In between, the Respondent has discontinued my services in Nov 2010 without releasing my salary for last 5 months. The cat has only given me partial relief for releasing the salary for 5 months without reinstating me because of one case state of Karnataka vs Uma devi case in which adhoc employees has no right for reinstatement. This too I am going to challenge it before High Court for not reinstating me
Now I am filing separate Petition for challenging the appointment of one candidate without holding any selection process by making him the party in year 2006 with relief that they too adhere to wrong procedure without giving any opportunity to other candidates.
Whether this will going to be right in regards to my petitions which I am going to be filed in the High Court?
Whether challenging his appointment may give any relief for reinstatement?
Or I should not file this petition before the CAT ?
ARUN SHARMA
02 August 2011 at 14:21
sir i joined gramin bank i want to know whether i will get pay protection or not as i am an ex-serviceman
dishant@jivanaindia.com
01 August 2011 at 18:58
i want to offer payroll outsourcing services. my firm is currently a proprietorship format with zero employees. i got a contract of 4 employees in my company payroll.
Please help me with following.
PF
ESIC
Profession tax
service tax
risk of employee in all terms in my org
Also provide me with a draft of payroll contract
pf
Anonymous
01 August 2011 at 14:07
Hi,
After giving proper 1 month notice, handovers etc the company is harrasing me for almost 8 Months now. During the tenure of Notice period I had atlease written 2-3 mails to the concerned persons for the list of handover of work which I have to make,but no reply.But in the last working day had given me some conditional release letter which mentions that they will soon let me know my official release day but it has still not happened. I wrote atleast 7-8 mails to the concerned people but no posetive reply.
Now they have written some letter to me mentioning that due to some business dues because of delivery issues,I cannot be given a release and if i want I have to pay the compay certain amount. I wrote a reply letter back to them I was responsible for business/sales how I can be blamed for delivery.
Again no reply from them almost 2 months.
Now the referance check from my present employer has happened and the copmpany has not given a posetive reply.
I want to know is there any law where the X company can harras me like this?please suggest what can be done.
Regards,
Anonymous
31 July 2011 at 23:11
Against the government employee complaint is received alleging certain irregularities against him. There is a prima facie evidence. Charge sheet is not yet issued. At this stage can the DPC recommend his case for promotion or otherwise.
Secondly if charge sheet is issued, then his case can be recommended for promotion by the DPC?
Anonymous
31 July 2011 at 23:07
How to fix the seniority of an Employee who has been transferred from one unit of operation to another unit of operation (unit of operation means different units for the purpose of determining seniority) in the same department of the government.
Anonymous
31 July 2011 at 20:57
R/Members
I am running a sweet shop,last month labour commissioner inspected my shop and caught a child below 14 yrs working there,photos were also captured, now labour commissioner has sent me a notice asking that if there is any proof regarding age of child in my possession than i can produce the same before labour commissioner otherwise they will launch prosecution against me, i want to confess my guilt by depositing fine at this stage without going the matter in court, is it possible at this stage. kindly help.Regards
Rajinder
Anonymous
31 July 2011 at 13:58
In an autonomous institution of Government
of Rajasthan(which is governed by departmental executive council and governing council),some employees are appointed as contracual employee(for three years).
Now above contractual employees are demanding for converted as a permanent Govt.employee.
Is this possible?
Which employment/service law/other law covers this problem?
ronak
31 July 2011 at 09:58
An employee claims the gratuity after 4 years from retirement will it be tenable?..
Please provide any case law by which it can be proved that it is time barred.
will sec-113 of limitation act is applicable
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resignation to my Job
Respected Sir
I am working as Senior Assistant professor in an engineering college . I have given resignation on 25/7/11 to the management. When i have joined the college they have told that we have to give one month notice for the resignation, accordingly i asked them to consider my resignation as one month notice, but they are asking me to pay back my salary from May15, 2011. if not they are not going to relive me , They are forcing me and making me afraid of them. I request you to kindly give me suggestion so that i will be relived .
With regards