Adv. Apoorva Anil Ajantiwalay
29 July 2011 at 13:03
Sir,
My client is working as Divisional Sales Manager in Pharmaceutical company based at Nagpur HQ. His job is sales & Marketing unlike office 9am - 5pm job. As per appointment letter of company for any disput of employment courts of Mumbai will have juridiction. If my client has not received his salary of May 2011 till dt suffering financial crisis, how can he will afford to go Mumbai & file case? Is there any judjement available with which I can file his case at Nagpur? and under which section? He is Manager category person.
N.J. MISHRA
29 July 2011 at 11:39
MEMBERS KINLDY SUGGEST: OUR IS EDUCATIONAL INSTITUTE PROVIDING TECHNICAL EDUCATION. THE SAID INSTITUTE IS REGISTERED UNDER BOMBAY PUBLIC TRUST ACT AND IS AFFILIATED TO UNIVERTY. MY QUERY IS WHETHER PAYMENT OF WAGES ACT IS APPLICABLE TO THE CASUAL WORKERS WORKING IN OUR INSTITUTE
Yuvi
29 July 2011 at 00:19
Dear Experts,
This is a re-post of my query which was initially posted in the month of June 2011.
I am re-posting the query with a simple hope of getting more comprehensive and detailed inputs from the highly learned experts' group of this forum.I would be highly obliged if you find it proper to provide your gracious expert comments on the following matter:
One fine day I, an Area Manager in a Private Life Insurance company whose services have not been confirmed, suddenly got a telephonic intimation from my reporting manager that my services stood terminated with immediate effect. As my appointment letter says “During the probation either party may terminate the service by giving 15 days notice” and “After confirmation of your service, either side may terminate the appointment by giving one-month notice or salary in lieu thereof”; I was shocked with the above mentioned message from my boss. I discussed with him the said clause of my appointment letter but as he was not listening to anything I requested him to provide me a copy of the said termination letter on an immediate basis so that I could discuss the issue with the senior most officials of the organization. But even after my repeated requests I could not be provided a copy of the said letter. I raised the issue to the senior most officials of the organization including The Head-HR, but even then there was absolutely no response from any of the concerned officials. However, afterwards, on one fine day I found my official system ID (Employee ID) as disabled. I again wrote a mail to the senior most managers of the organization intimating them the said development and non receipt of the so called termination letter. I also informed them regarding no-response from the concerned officials on my various related mailers and requested them to look into the entire matter from their side in order to get the same resolved. But again there was absolutely no response from any of the concerned officials. Subsequently, I also forwarded the matter to the Whistleblower committee of the organization and requested for a thorough investigation and resolution of the entire matter. Shockingly, again there was no response from the concerned officials. I kept on writing on an almost daily basis but couldn’t receive any response on my mailers and also couldn’t get any copy of the said termination letter either. When almost 3 weeks were gone since the above mentioned tele-con of my reporting manager and I couldn’t get either the said termination letter or any response from the concerned officials on my various mailers; I wrote a mail to them with the following statements “It is absolutely painful to note that even till now you have not considered it proper to bless me with your kind response on the said matter. Although each of my senior managers concerned, through their various acts in the context of the said matter, have tried in every way to shatter the same; I still have all the confidence in the system of the organization and believe that the whole matter can entirely be resolved 'in-house', without taking the same to the courts of law. Therefore, I once again request you to kindly intervene into the said matter on an immediate basis and arrange for a resolution for the same.” This time the concerned officials came into action and despatched the so-called termination letter. When the said letter was delivered at my place it was found that there was a gap of 22 days between its issuance and despatch. It was evident that either they backdated the said letter or they kept the letter with them after its issuance and still disabled my employee ID and blocked my salary. As the manner in which the concerned officials had acted in the entire matter and the reason stated in the so –called termination letter was entirely objectionable; I again requested, for their kind responses on various specific issues pertaining to the said matter, by sending them another mail. But, again there was no response from the concerned officials. However I continued to send them request mails. After waiting for a few more days, when I didn’t get any response from the concerned officials I requested them to make their stand precisely clear on the entire matter so that I could chart out my future course of action. As a result of this mail of mine I received a couple of communications from the concerned officials stating that they were looking into the matter. Later on, I was instructed to have a telephonic discussion with a senior official of HR dept. I did the same. During the discussion with the said senior official of HR dept, he throughout maintained that nothing wrong was done by any concerned official in the entire matter. He also maintained that there was nothing wrong in the entire process and the said termination was legitimate. Immediately after the said discussion I again wrote a mail to the Whistleblower committee and the senior most managers asking for there comments on the assertions made by the above mentioned official of HR dept and also wanted to know asto whether the said assertions were the official communiqué of the Whistleblower committee/Organization. But again there was no response to my mail. I kept on writing request mails for a related response. After a few days the same official from HR dept. wrote me back stating that whatever was to be said to me had been communicated and also instructed me to not to write any more mails to any company officials. I immediately responded to his that mail and requested him to let me know asto why he was not responding to the various specific issues independently if every thing done in the context was legitimate and correct. I again wrote to the Whistleblower committee and other senior most managers of the organization requesting them to respond on the entire matter. But none of them responded. I kept on requesting all of them, for related responses, by writing mails on an almost daily basis. But the concerned officials didn’t respond. Gradually, in the course, I communicated the entire matter till the level of the MD of the organization and thereafter till the level of Group CEO as well. But none of the concerned officials ever responded. Additionally, I would also like to mention that after asking me to not to write any more mails to any company officials, the organization also started blocking my different personal mail IDs from delivering any mails to it. It has been almost 14 weeks now since I first wrote to the senior most managers of the organization requesting for intervention into/response on/ resolution for the said matter but not even a mere proper response has ever been provided to me.
Approximately a month back a legal notice, on the entire matter, was served to the organization/its concerned officials, through a learned advocate, on my behalf. But the organization/its concerned officials have not yet responded to that notice even.
Therefore I would like to request all the respected experts to kindly help me out in understanding the entire matter from legal point of view. Haven’t I been tortured by the organization/its officials? From law point of view what violations have been committed by the organization/its officials in the entire matter? How should I take the matter forward? Which are the forums I should approach? What relief and remedies I can get?
Anonymous
28 July 2011 at 17:09
we have rented a place adjacent to our house some 25 years ago.now this place is full of garbage, cowdung.and has a filthy smell with mosquitoes causing dengue and malaria.but the tenants are arrogant and are not leaving this place just to harm us.they are threatening us.so what we should do.please reply soon as most of our family members and childrens are suffering from malaria and viral fever.so please give us advice regarding to this as soon as possible.thanks
Anonymous
28 July 2011 at 13:48
Respectd members
If the employee is insured/covered under the ESI Act. WCA(ECA) will not applicable. Law is settled in this regard
please give me any citation
of Hon'ble Apex court pls paste the citation Thanks in Advance
Anonymous
28 July 2011 at 13:02
What action can be initiated against a central government employee by his own department, when it is informed to them that the said employee has a given false statement in FIR CASE DIARY statement that he has given huge amount of Dowry and gold on his daughters marriage and a criminal case pending against him. Central Govt. employee already replied to show cause notice issued by his department that he has not given any dowry or gold in his statement. How Central govt makes its decision? whether it will believe and take consideration with show cause notice statement reply given by the employee to the central govt. or it will consider the FIR case diary,chargesheet statements and crpc 161 statement given by the employee before the police that he has given dowry and gold on his daughters marriage ? on what statement does Central government makes his decision??
Anonymous
27 July 2011 at 21:34
A post is diverted along with incumbent from Station 'A' to station 'B'. After two years the same post is diverted along with same incumbent to station 'A'. Again after some period the same post is diverted along with the same incumbent to station 'B'. In the entire service the incumbent had not faced any allegations or pending any allegations. This is a state Government Undertaking. The employee is given very good / outstanding grade in the AARs for all these years. The employee is feeling insulted for being diverted the same post along with him time and again. Any remedy for this?
Anonymous
27 July 2011 at 19:52
On the Query of Employee's job can be downgraded on being transferred? Posted on 26th July 2011 and
With reference to Sri Ramachandran sir's points, the following is submitted:-
1. It is a PSU.
2. No reduction of pay and perks.
3. It is not reverting to lower post or
grade.
The point for clarification: At Corporate Office under his control 6 section officers, 3 DGMs and 1 GM are working. Branch office is headed by a subordinate cadre officer (GM) to the HOD. Consequent to transfer to the branch office, 10% of the total work hitherto being looked by the subordinate cadre officer i.e., GM is allotted to the HOD. 90% of the functions are being functioned by the GM cadre officer independently and directly reporting to the Corporate Office. The HOD who is looking after 10% of the branch work is also independently acting and reporting to the Corporate Office.
Now my doubt: The HOD who is earlier heading 6 sections under his control is entrusted with only one section in the branch office and under the control of GM i.e., subordinate cadre to the HOD is heading 5 sections independently at branch office. Does this not amount to degrading the HOD and humiliating him? Can the HOD go to court under Art.19 and 21 of the constitutions as these articles are violated by the management by causing humiliation to the HOD.
Anonymous
27 July 2011 at 17:32
Respected members ,we are electricity distribution company ltd we gave a contract for maintanance to shri balaji pvt limited .one contractors employee died due to elecrical accident.the above contractor insured deceased employee under
Employee state insurance my question is whether dependant of deaceasd is entital for compensation under workman compensation Act Act .As per section 61 of Employee state insurance Act61.
Bar of benefits under other enactments.
61. Bar of benefits under other enactments.- When a person is
entitled to any of the benefits provided by this Act, he shall not be
entitled to receive any similar benefit admissible under the
provisions of any other enactment
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suspension
Thank u very much sir k s srinivas. Pl let me know the reference of the judgements. And any provisions under the law for the same.