Rajarshi Ghosh
18 July 2011 at 12:18
Under the said Act & Rules made thereunder, 'Cess' to be calculated including all costs by an employer but excluding
1. Cost of Land &
2. Any workers' other welfare cost
My specific queries are:
1. since the scope of the Act is to provide workers' welfare, why the 'materials' component of the construction cost be included for calculation of cess? only 'labour cost' should be included.
2. further is there any exemption regarding 'cost' of materials which are imported? because, the manufacture cost of imported materials do not involve workers' contribution from India even.
Maurya Priyadarshi
18 July 2011 at 01:40
There is a regular bail petition which was rejected by High Court of Jharkhand. How much time will it take to file and get a hearing date in Supreme Court? Also what is the procedure of doing so?
Anonymous
17 July 2011 at 23:06
Hello, I am working as Sales manager in a multinational Insurance company. Recently my senior who is the Area Manager has, for his personal disliking towards me, targeted me and is humiliating, insulting and harassing me in front of the other colleagues and is pressurizing me to fulfill the tough targets set by him. I am trying my best to meet his target, but it is practically not possible all the time.there are many other office bearer who are performing par below but since I have been on target, my boss is treating me very shabbily.
Now I should I do? where should I go? He is now pressurizing me to tender my resignation immediately. please tell me what are my rights and remedy available against such oppression?
Anonymous
17 July 2011 at 20:29
Sir,
I am serving in a Paramilitary force. I belong to Ministerial Staff (Office Staff Cadre) and holding the rank of an Inspector. Recently my department has issued transfer order to another office against a vacancy of Asstt.Sub Inspector without assigning any reason. Please advise me whether the above transfer order can be challenged in the court, if so then please provide me citations of higher courts or the order is valid as per service law.
sanjay sharma
16 July 2011 at 23:35
sir,
with regards i wish to submit that i'm serving in INDIAN ORDNANCE FACTORY.the factory has a body of elected and nominated members of works committee.works comm. runs certain funds on the factory basis. i prefered an RTI to know the name of auditing authority etc for those funds.the information officer forwarded that these funds are run on private basis by works committee hence no information can be provided. that General Manager OFD is chairman of all committeis of whose funds are raised and distributed therefore i prefferred an apeal stating that works committee is an official body hence how they can run private funds without consent of GM who is a govt servant. now i request to provide wheather i will get information on so called private funds and what is the time for deciding FIRST APEAL
thanks
Sanjay Sharma
Anonymous
16 July 2011 at 18:43
Dear Sir,
Facts of the case: An employee of a bank with status of Manager (Management Trainee) was terminated for passage of password to his colleague in the same department. The password was passed for the purpose of gaining attendance for 5 extra days as the bank gave only 5 days leave which was not sufficient as he was appearing for an exam which the bank knows and the intention was never to misuse the password.
The colleague also didn't misuse the password for any other purpose than getting the attendance. The employee was terminated with a letter of "loss of confidence".
Query: 1. Could the bank have given a warning and left the issue or is the termination justifiable?
2. If, the aggrieved desires to approach law what are the remedies available to him?
Rakesh Kaushik
16 July 2011 at 13:18
Dear Sir/Madam,
if possibel pls provide me Sick Leave,Casual Leave & Earned Leave Rules.
I am very thankful of you.
regards
Rakesh Kaushik
dr. r.k.agrawal
16 July 2011 at 07:59
Dear Sir
My elder brother was working as asstt. professor in a self finance
engineering college since last 10 years. he was getting emoluments in
the scale as per UGC norms. but this year college issued a letter to
pay on fix mode. which they denied and for redressal he moved for
legal help from the court. On which his services was terminated and he
was detached from the job.
I want to know could he get relief from court, as in government
departments the people working on MUSTROLE (daily wages) were
regularised after an order from hon. Supreme court judgement.
It is also to say that my brother was getting salary through bank, for
11 months in a session.
please also refer the name of an advocate who takes the cases of such type.
I shall we obliged
dr. R.K. Agrawal
Anonymous
15 July 2011 at 09:38
I was serving a private bank since oct 2007. In Dec 2009 I had a breakdown and was diagnosed with severe depression. Despite several attempts at counseling I was still depressed. In Nov 2010, friends and family helped me get to an intensive counseling center in Thailand. Please note that all decisions during this time were made by my wife, immediate family and friends.
I returned from Thailand in Jan 2011 and at the first available opportunity met my supervisor and gave him a report on my situation. During the course of my illness, the bank was duly informed of my condition, colleagues had come to visit me and had apprised the competent authority of my condition. My salary which was being credited was stopped and then resumed all on its own. This was on Feb 2011.
My supervisor called for a meeting with the Regional HR head, who told me that I was to deposit a sum of375000 approx. and submit all medical proof available to me. I subsequently took a loan and deposited the money in my sal account. There was no action for months. After good number of reminders through mail and post, the matter was again taken up, as the HR was perhaps busy in promotions, transfers which usually take place at the start of the Financial Year.
Then in June 2011, the matter was again taken up with the Central Office HR and after what seems like a serious deliberation, came out with a figure of4,57,000 which i need to deposit. Only after this task is completed will they take up my rejoining at my previous post or attend to my resignation if I wish to resign.
I want to know
a) if legally, I am bound to pay back the money as the office was duly informed of my condition and yet salary was still being credited into my account. In fact even during appraisals, when my supervisor had again reminded them of my being on medical leave, the salary continued to be credited.
b) how do I contest the validity of the quoted figures. If there is a certain process, what is it? and what would be the correct way to proceed!
c) I would like to resume duty, but right now its only verbal non-committed answer, that they'd take me back. They are under no obligation to take me back despite an impeccable record and the recommendation of my supervisor. I fear that having paid the amount, I would lose my bargaining power perhaps even my job.
d)Even if i have to pay the amount back, I need to take another loan, whose repayment i can't guarantee if the bank doesn't let me resume duty. Is there a way to get around this?
e)Would it be advisable to take employment elsewhere and pay back the amount slowly. Its hard to get employed without a relieving letter. So is there a way to work around this too?
f) If I do serve a legal notice, will i be able to get a relieving letter of course after the legalities are sorted out. What happens if the verdict goes either way.....ie either in favour of the bank or in my favour.
I would appreciate the advice of experts on the matter.
Thanking you in advance!
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Code of conduct under clause 49 of listing agreement on corporate governance
A public listed company follows non mandatatory requirement of Whistle blower policy written in its Code of conduct under clause 49 of listing agreement on corporate governance.
An employee of this company lodge a complaint against a Senior Management official who was responsible for stopping his increment despite a very good appraisal from his boss under this whistle blower policy.
Instead of getting a suitable reply from upper management the employee got terminated on grounds of surplusage despite the fact that in the whistle blower policy it is clearly written that no adverse action like termination will be taken against such employee who seek justice for raising complaint against managers/Sr. management personnel for their unethical behaviours.
My question to experts is that whether this employee can lodge complaints against this listed company in ministry of company affairs for not following corporate governance rules under clause 49 of listing agreement on corporate governance and what is the procedure he has to follow to launch this complaint in MCA.
rgds
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