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

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Anonymous   28 July 2011 at 13:02

Decision of Central Govt in punishing the employee???

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

Diversion of post along with incumbent

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

Employee's job can be downgraded on being transferred?


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

WCA Vs Employee state insurance

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

Anonymous   27 July 2011 at 17:30

Employee state insurance vs workman compensation Act

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 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.

Anonymous   26 July 2011 at 22:44

Employee's job can be downgraded on being transferred?

An employee who is Head of the Department is transferred from the Corporate Office to a Branch office and entrusted some part of the job (around 10%)that was doing by his subordinate cadre officer in that branch office and 90% of that branch office work is allotted to the subordinate cadre officer.

1. Can it be done like that.
2. For downgrading the job of the HOD cadre to a lower cadre, can he file a writ petition. If so please quote citations.

Anonymous   26 July 2011 at 22:13

Remaining Salary not paid after termination

I was working with Ismoip Services Inc.The company outsources their work to India and is operated by Harman Bajwa and Pooja Mehra. I was working as a content writer for them. After 4 months of my hard work and completing their lined projects they ripped-off their connections from India saying my deliveries were not up to the mark. The company still owns my two months due salary which they are denying to pay back.
After referring a post in consumer complaints they are saying that they submitted a circular against me to all prominent job sites that I copy the content and harass company's client. And are saying that this circular will be forwarded to all web design companies guiding them not to hire a person like me.
And also threatening to put a defamation charge against me.
What should be my step against them as the company is in Canada, Vancouver and I am in India,Delhi.

Anonymous   26 July 2011 at 18:43

Full and final settlements

Sir/Madam,
As per my offer letter, I have to serve the notice period of three month before leaving the job. In Oct’10 I resigned from the organisation and requested the manager to get release me early, but he declined and forced me to serve the notice period of three months as per mandatory company policy.

My new company was not agree to wait for more than one month and unfortunately my offer got lapsed and I continued my services as it is in the same organisation (the proof of theses mails I have)


Later on, after four months, in Feb’11 I resigned and requested to get release me early, this time my manager released in a month, but later on I came to know a substantial amount has been deducted from my full and final settlement as the recovery of not serving the remaining period of three month.

My concern is, if three month was mandatory he should not release me prior as he did in Oct’10, if he release me prior he should not deduct the amount.

That recovery decision was taken by the manger not by the company.

He followed two different polices with me and proved that it all depends on his wish and decision, when to release someone or not.

I sent too many gentle reminders up to 4 level of hierarchy manager, but none of them is replying.

Please suggest what to do in that case? Is there any hope as per company law to get back my amount? And what to do in that case?

Thanks in advance
Kumar

Anonymous   26 July 2011 at 17:42

Non payment of Salary & TDS Certificate

I was working as manager/Recovery in Resolution Commercial Mgt Pvt Ltd since June-2006. Due to irregular payment of salary I have resigned from the company with month notice pay on 2-5-2011. My 7 months salary is due from the company. At the time of handover of the company's office my MD promised me to released my payment within 30 days. but he has paid just one month salary. Company also deducted TDS from my salary but now they are not providing TDS certificate & Form 16. Company has not given TDS to other employees also. They charged Service tax to their clients but that was also not paid to govt.


How to recover due salary and is there anything I can do with regards to TDS certificate.
Please suggest how can I pressurize my MD.
He has maintained 30 nos of companies to mischief with employees and govt authorities.

Anonymous   26 July 2011 at 17:24

perfomance linked incentive not delevered on time

Our company Idea cellular limited is not deleivering perfomance linked incentive on time. This payment of all employees was supossed to come on every year april month.
But till now we have not got this payment till now.

Please suggest us how can we file a janhit yachika against the company...