PBS KUMAR
26 July 2011 at 16:02
Dear Experts,
One of our employee is retaired from services as per the standing orders. But all the concern HODs wants to retain him for further service. In that juncture as an HR head what I have to do. We can not put him on muster rolls of the company.
WHAT I HAVE TO DO ? PLEASE ADVISE ME.
Regards,
PBS KUMAR
Anonymous
26 July 2011 at 14:40
Sir,
i am suspended from Sep, 2008. At that time no reason was given to me. After 11 months a charge sheet was issued and the enquiry was over on 18th feb, 2011.
Till today the process is going on. What is the reasonable period of suspension within which enquiry should be completed. And are there any law/provision for the same.
Please let me know.
Dibakar Ray
26 July 2011 at 11:09
Dear All,
Can anyone please tell the law governing the part time employment in india.
Any benefits which are statutorily applicable to employees also applies to part time employment.
Anonymous
26 July 2011 at 07:58
I am a practising Advocate at Shillong.Recently an army person approached me to file a writ in the Guwahati High courts Shillong Bench,as he was dismissed from his service in 1998 after a Summary Court Martial which found him guilty of all the charges and dismissed him from service after serving 14 years without any service benefits such as Pension. After the SCM he had filed a writ in Delhi High Court Whereby the Hon'ble court was pleased to dismiss for lack of jurisdiction with a direction to approach the Guwahati High Court. Now I want to file an appeal before Armed Forces Tribunal at Guwahati but I do not have any idea about the proceeding of the Tribunal.Please suggest me how to go for it.
Anonymous
25 July 2011 at 15:41
Dear Experts,
I need to send legal notice to my ex employer because they have not cleared my dues despite of many reminders.
kindly suggest how much legal notice sending will cost me and what all documents i will be needing to support my notice?
Pls do reply.Its very urgent.
vikas sharma
24 July 2011 at 21:40
gratuty is deposited with labour commissioner
for last 4 years by the company, the order of release was after 4 years without intrest by controlling authority
Anonymous
24 July 2011 at 21:08
Respected Expert
would you please inform that can a authority with-hold salary increment before completion of departmental enquery. one of my friend was put under suspension but after tribunal order he was reinstated it has passed one year, but the authority is stating that they will not made any due increment as long as the court trial does not over. are the authority right. the departmental proceeding could not complete because of all document relating to suspension were called by tribunal and those are till there.
thanking you in anticipation.
Anonymous
24 July 2011 at 20:42
Learned Members,
Please help solve the problem below:
I joined my service on 4th September, 1996 as a UDC.
I remained absent(un-authorised from 02.01.2001 to 29.09.2001 i.e for 271 days)
I rejoined my duty on 01.10.2001 and applied for Extra ordinary Leave in order to regularise the absence period on 19.10.2001
In contrary, I was suspended instead on 16.04.2002(i.e after 6 months & 15 days of my joining and after 5 months and 28 days of application for the leave of the said absence period)to enquire into unauthorised absence period.
The Inquiry was proposed to be held into the charges of unauthorized absence framed against me as per the procedures to impose Major Penalty under the provision of Rule 14 of Central Civil Service (Classification, Control and Appeal) Rule, 1965 by the Authority. Accordingly, the inquiry was held as per the procedures to impose Major Penalty.
After the aforesaid inquiry was over, finding no ground for imposing major penalty under any penal provision of the CCS(CCA)Rules, 1965, the suspension was revoked with immediate effect from 27/10/2004 and merely a minor penalty of withholding one periodical increment without any cumulative effect as defined in Sub-rule (iv) of Rule 11 of the CCS (CCA) Rules, 1965 was imposed.
Further, the authority ordered that the said period of suspension w.e.f 16/04/2002 to 26/10/2004 in respect of me is not to be treated as on duty for any purpose, which is violative of the Order of the Department of personnel & Training, Govt. of India Order No: G.I, Dept. of Per. & Trg., O.M. No. 11012/15/85-Estt.(A), dated the 3rd December, 1985 wherein it is stated, "where departmental proceedings against a suspended employee for the imposition of a major penalty finally end with the imposition of a minor penalty, the suspension can be said to be wholly unjustified in terms of FR 54-B and the employee concerned should, therefore, be full pay and allowances for the period of suspension by passing a suitable order under FR 54-B"
Now the questions concerning me are:
1. Whether the above circumstances can withstand in the court of law?
2. Where can I find the aforesaid Order of the GOI(I have thoroughly searched in net but to no avail)as the merely citing the order No. as given in SWAMY'S HANDBOOK is not accepted by the court.
3. Is there any ruling of the aforesaid nature.
Kindly help by providing details, if any.
Thanks in anticipation.
Anonymous
24 July 2011 at 20:00
If Contractor/Co-operative Society is doing work on contract/work order basis with Govt.Deptt. by himself without engaging labour whether EPF is required to be deducted and deposited with EPF Deptt. for himself(Contractor)
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Application of Payment of Gratuity
Dear Santos Ji
P.G. Act is not applicable in Your Case. As per sub Section 3 of Section 1 of Payment Of Gratuity Act apply to
As Payment of Gratuity Act shall apply to to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months; which is as under:
Section: 1
Short title, extent, application and commencement.
(1) This Act may be called the Payment of Grataity Act, 1972.
(2) It extends to the whole of India:
Provided that in so far as it relates to plantations or ports, it shall not extend to the State of Jammu and Kashmir.
(3) It shall apply to¬ -
(a) every factory, mine, oilfield, plantation, port and railway company;
(b) every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months;
(c) such other establishments or class of establishments, in which ten or more employees are employed, or were employed, or, any day of the preceding twelve months, as the Central Government may, by notification, specify in this behalf.
(3A) A shop or establishment to which this Act has become applicable shall continue to be governed by this Act notwithstanding that the number of persons employed therein at any time after it has become so applicable falls below ten.]
(4) It shall come into force on such date as the Central Government may, by notification, appoint.