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

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Raveendran N K   18 July 2011 at 17:40

Labour Welfare: Workmens Compensation

One of our workers engaged at work site met with an accident while on duty and died. Now we have received a notice from Workmens Compensation Commissioner's Court, Calicut Kerala asking us to be present in the above court on 27.7.2011. We have taken policy from Insurance Company under Workmens compensation Policy. The notice is issued in our name and in Insurance Company's name as 1st and 2nd respondents respy. Since the liability is to be taken over by Insurance company, is it necessary for us to appear before the Compensation Commissioners office? Kindly advise.

(N.K.Raveendran)

N.J. MISHRA   18 July 2011 at 16:35

P.F. Benefit

dear member kindly suggest me,

in our organisation there are certain employees who are getting P.F. benefit as they were drawing salary less then Rs. 6500/-, now they are drawing salary more then 15000/-, i just want to confirm whether they will be continue to get P.F. benefit. if the company make them resign from the service and would reappoint them (on a basis of new contract) after certain period of time, still the will be entitled for P.F. benefit

shailesh pandey   18 July 2011 at 15:30

retirement

dear sir,
In my friend's company a worker who joined comany in 1975.accordind to company's biodata his date of birth is 1952.he filled his pension form which was rejected & sent back by P.F. Office as remarked Date Of Birth certificate to be submitted. He submitted his date of birth certificate which shows DOB as 1950.i.e. he has completed his 61 years & he must be retired. He is saying that as per company's date he will complete 60 years in 2012. kindly note that once again he has submitted DOB cert. as per co. date.advice please .what to do. ramesh

krishan kumar   18 July 2011 at 13:53

Gratuity Transfer if Company changes its name

Hi,

I am working in ABC company in Okhla Delhi from last 4 years. Now Company changing its name from ABC company to BBC company (don't know whether incorporating new company with the name of BBC company). Mangement ask us to resign from ABC company and it will transfer all the leave benefits and gratuity to BBC company. Is it possible to transfer the gratuity like this. The company is giving in written all the transfers on BBC company's LetterHead. Shall we resign from the ABC company to join BBC Company. All benefits transfers would be legal as these must be mentioned in new confirmation letter from BBC company's on its LetterHead? Tell me what to do if its not legal and not possible.

Anonymous   18 July 2011 at 13:14

pf details

I was married to my husband two years back and after marriage my inlaws created a lot of problem due to which I was asked to leave the house. Then after six months of trying to get me back my husband committed suicide because his parents denied and now my parents in law are not giving me my stridan and has filed a case against me for his death benefits

please advice

skg   18 July 2011 at 13:02

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
skg


Rajarshi Ghosh   18 July 2011 at 12:18

The Building & Other Construction Workers' (Regulation of Employment and Conditions of Service) Act,

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

Procedure and Supreme court

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

insult and harrassment by senior

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

Transfer to lower post

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.