sir,
how to calculate the leave encashment , is there any differance between calculating leave encashment /vacation encashment and gratuity
N.J. MISHRA
12 July 2011 at 16:08
DEAR MEMEBER KINLDY SUGGEST AND GUIDE ME IN MY QUERIES: -
RECENTLY INSURANCE INSPECTOR VISITED OUT ORGANISATION FOR THE PURPOSE OF DETERMINATION OF COVERAGE OF ESTABLISHMENT UNDER ESI ACT, 1948 AND FURTHER REQUESTED TO KEEP THE FOLLOWING RECORDS FOR VERIFICATION: -
1. FACTORY LICENCE
2. TRADE LICENCE
3. CERTIFICATE OF REGISTRATION UNDER PROFESSIONAL TAX AND RETURN / CHALLAN
4. REGISTRATION LETTER UNDER EPF ACT
5. REGISTRATION LETTER UNDER PROFESSIONAL TAX AND RETURN / CHALLAN
6. BOOK STATEMENT
7. VOTER'S ID OF THE PARTNERS / OWNERS
8. PARTNERSHIP DEED / MEMORANDUM AND ARTICLE OF ASSOCIATION
9. ELECTRICITY BILLS
10. ATTENDENCE REGISTER
11. WAGES AND SALARY REGISTER
12. ATTENDENCE AND WAGES REGISTER FOR CONTRACTOR'S LABOUR AND CASUAL WORKERS
13. CASH BOOK AND LEDGER
14. BALANCE SHEET
MY QUERY IS WHETHER INSURANCE INSPECTOR CAN CONDUCT INSPECTION OF THE AFORESAID AND WHETHER HE IS HAVING ANY RIGHTS TO VISIT ANY ESTABLSIHMENT FOR THE VERIFICATION OF THE AFORESAID. KINLDY GUIDE ME.
In a Central PSU, multiple union s are in there. Only one Union has been recognised as per the code of Discipline formulated by the Govt. Other Unions are registered with the Registrar of Trade Union. Their membership number is not known to the Employer. One of the registered Union approached the RLC(C)raising an Industrial Dispute with some demands submitted to the Management. One of the Demand is to ascertain the majority Union through Secret Bllot System. RLC(C) considered the ID and started Conciliation Proceedings. Mean while, two registered Unions (the union which raised ID and another) approached the management for declaring their Office bearers as Protected workmen. The managemet replied that as the membership is not known and the same matter is pending before RLC(C) in conciliation, no action can be taken. Both the Unions approached RLC(C) by raising separate Industrial Disputes. RLC sent notice to the management for discussion.
My querry is Can a Union raise a dispute on the subject of declaration of Protected workmen? can RLC is justified to take cognizance of the letter of Unions and asking management to participate in the discussion?
Anonymous
11 July 2011 at 19:19
Dear Sir,
One of my friend who had worked in LIC as a Casual Labour. As per the Civil Appeals judgment No. 953-968 order dated 18.01.2001. He had applied for a post of peon and he served as a CL at Hosur, Krishnagiri District and as per the rule he applied for written test but he didn't get the call letter. Basically the problem is in all the branches of LIC they give a salary in the vocuher (When he worked as a CL) with the different names but the person will be same. But this is the case for all the branches and hosur branch manager initially gave a letter indicating the period he worked after the pressure from union of salem zone he gave a letter but the letter had reached the head office on the day of issuing a call letter and he did not receive the same. Now what is the procedure to file a case. Either he should get a job or else he should get a compensation. Another two or three days there will be a interview. Is it possible to get the stay ? please reply it is urgent and he is very poor and it is a life matter for him. Here with i am attaching a circular on "Appointment of Peons in LIC of india". Also is this can be filed in Consumer court. Please reply at the earliest
Anonymous
11 July 2011 at 17:36
i resigned from cisf on 23-09-10.I have aplied for resignation on 4 may 2010.before that on 01-05-10 i consulted a government mental doctor and he diagnosed me for depression and give medicines.was my resignation letter valid,as i was under depression. i now wants to rejoin.is it possible because i submitted resignation under dipression.thanks for your views.
a.k.gupta
11 July 2011 at 17:11
CAT ,vide order dt 05.4.11,directed to complete deptt.enquiry within 6 months.
Contempt petition was filed in2007 but CAT refusedt o issue notice.
In 2011 IInd show cause notice has beee illegally asked in said proceeding.
Whether I should give reply or not because the enquiry is without jurisdiction
what legal remedy is availale tome?
ak gupta
tc baskaran
11 July 2011 at 08:55
Please guide us the latest revision of minimum wages in Tamilnadu for General Engineering & Fabrication industries
Anonymous
11 July 2011 at 08:31
Sir, one of my friends working in a nationalised bank passed an examination which qualifies for reimbursement of fees and expenses on production of the pass certificate, as per circular. He passed in Feb'2008 and corresponding till then for the reimbursement Subsequently, he got suspended on 12-08-2010. Can his due reimbursement be held back now on account of the suspension.Please let me know.
Anonymous
10 July 2011 at 19:02
I am IFS officer.Govt has asked IInd show cause notice after disclosing quantum of punishment inflicted to me.UPSC turned down records of enquiry & directed to ask IInd show cause again after removing the dsefect.
Whether IInd show cause notice can be asked for IInd time asper AIS(D-A)Rule?
CAT,Patna ,vide Order dt 05.11.04,directed to complete enquiry within 6 months.Whether State Govt can continue & ask IInd show cause from me after 7 years ?
Whther the deptt.proceeding,which is without jurisdiction ,is not patently illegal or not?
What legal remedy is available to me?
WHETHER LABOUR COURT CAN IGNORE DIRECTIONS/ORDER OF HIGH COURT
In an ongoing labour case a writ petition under 226 against interim order of a labour case was filed by management which was dismissed by high court on the grounds that writ petition against only awards are feasible and not on interim orders.
The High court also directed the lower court to decide the labour case which is at the stage of cross examnation of worker within six month and also give a date to dispose the case.
My question to experts is that can management still adopt delay tactics to lengthen the case beyond this date or whether lower courts have power to stretch the case ignoring High court order.
Also cite some Apex court cases if they exist in support or not in support of this direction.
skg