Anonymous
13 June 2011 at 12:38
I was Branch Head in a scheduled commercial Bank and was suspended August, 2010 without issuing any explanation/memo. After a lapse of almost ten months no charge sheet has been framed and issued to me till date. Is there any time limit to issue charge sheet after suspending an employee.
As per my knowledge in Government departments if charge sheet is not issued within three to six months of the suspension, suspension is automatically revoked.
If time period is not specifically mentioned in the department's service manual then what is the supreme court ruling.
Is there any supreme court ruling of maximum stipulated time to issue a charge sheet to the employee after suspension.
I AM GETTING SUBSISTENCE ALLOWANCE AS APPLICABLE IN DEPARTMENT'S SERVICE MANUAL.
It is very much clear in my mind that I have not done anything wrong.
And I exactly want to know supreme court ruling for the maximum time period to issue charge sheet after suspending an employee on the grounds of preliminary investigations as our department's service manual is silent on this subject.
Further, there are instances in our Bank where an employee remained suspended for years together without issuing charge sheet to them.
mir mohamed ismail ali
13 June 2011 at 10:24
SIR,
I WOULD LIKE TO KNOW THAT THE LABOUR LAW AND EMPLOYMENT RULES ARE SAME FOR CALL CENTER, BPO AND OTHERS IE. LIKE BANKS, INDUSTRIES, FACTORIES, INSURANCE AND OTHER GENERAL AND THEY HAVE RIGHT TO APPROACH TO LABOUR OFFICE OR LABOUR COURT, THE LABOUR LAWS IS SAME FOR ALL OR WHAT PLEASE CONFIRM
ISMAIL ALI
Anonymous
12 June 2011 at 14:36
non-allocation of work
I am working in a AP Govt.Undertaking as an Executive. After promotion as top executive in September 2009, I have been not allotted any work or duties of the post of are also not defined and no such orders are issued. I was kept idle since then. I approached CMD several times with a request for allocation of work. He is saying that he will definitely issue the orders at the earliest and no such orders are issued so far. I am unable to sit whole day without work. It is cause embarrassment and mental agony. Kindly suggest the possible solutions to this problem.
Reply by Expert : palnitkar v v
Normally a person is made to sit idle by way of punishment. But in your case it is strange that you were promoted and still kept without work. This is a kind of punishment. You may move the industrial court or administrative tribunal or the HC as the case may be.
Reply by R.Ramachandran
As rightly pointed out by Mr. Palnitkar the matter appears to be quite strange.
When you say that you were promoted as top executive, what is the designation of that top executive?
Is the said position is a newly created one in the PSU or was existing prior to your promotion?
If it was existing prior to your promotion, then who was occupying that position? Whether that person is still in the PSU or not?
When you say that you made several requests to your CMD, whether such requests were oral or in writing?
If it was only oral, why did you not thought it fit to give a request in writing?
Further information to the above:-
Thanks to Mr.Palnitkar and Mr.Ramachandran for giving their suggestions.
They need some more information for giving categorical reply. Accordingly I am giving the following points:-
1. I have been working in this AP State Govt. PSU since 1984 joined in the feeder cadre of LDC and gradually elevated to the post of DGM (HRD) in the year 2000. In the year 2002 when I processed a file based on the rules, the CMD asked me to change the note as per his taste which is politely rejected by me. Due to this cause gradually some misunderstandings developed between us and some officers played their part for increasing the misunderstandings. The ultimate result is that I was posted from corporate office to the branch office along with post in the year 2002. However no work was allotted to me. In the year 2005 my turn in the seniority has come up for consideration for promotion and accordingly the DPC under the same chairman has recommended my name for promotion to the post of GM(HRD). The existing post of DGM(HRD) in the branch office was diverted to the Corporate Office and one post of GM(HRD) was diverted to the branch office and I was posted in this GM(HRD) post. Again no work allocation was given to me. Once again my turn for promotion to the post of CGM(HRD) has come up for consideration due to the retirement of the existing incumbent and I have been promoted to the post of CGM (HRD in the year 2009. Again the post of GM(HRD) from the branch office is diverted to the corporate office and the existing post of CGM (HRD) from the corporate office is diverted to the branch office and I was posted in this post. Now also no work is allotted i.e., since 2002 (nearly 9 years) in the cadres of DGM, GM and CGM I was made to sit without allotment of any work. There is a left over service of 5 years to me.
In all the three cadres I have submitted written requests for allocation of work but in vain. In the present post of CGM also I made a written representation to the present CMD, who is a gentleman and approached him personally several times. He is very considerate but he is not able to take a decision as the influence of the former CMD (with whom I had a rift) is acting upon him. Both the CMDs are IAS officers. The is the actual position.
As I have been facing this situation since 2002 and bearing humiliation and insult, kindly suggest possible solutions for my problem.
Anonymous
12 June 2011 at 00:02
I am working in a AP Govt.Undertaking as an Executive. After promotion as top executive in September 2009, I have been not allotted any work or duties of the post of are also not defined and no such orders are issued. I was kept idle since then. I approached CMD several times with a request for allocation of work. He is saying that he will definitely issue the orders at the earliest and no such orders are issued so far. I am unable to sit whole day without work. It is cause embarrassment and mental agony. Kindly suggest the possible solutions to this problem.
Anonymous
11 June 2011 at 13:02
Dear Sir
What is the percentage of bonus.
if anybody working with proprietorship firm he is eligible for bonus.
hou much paid leave can be taken in a calender year.
Thanks
Anonymous
11 June 2011 at 12:55
Company Has pressurizing me to resign from service when I have not to resign he has stopped & hold my salary to create pressure for resignation I have written for the matter to the higher authority after that company has orally terminated after that . I have written a letter to DLC ( Deputy Labour Commissioner ) & copy to chairman & other higher officials.
DLC has given a matter to Labour Supreindent for an enquiry during the consolidation proceeding company has extended more for settlement but not interested to settle after that company has make a false transfer order and produced before Labour Suprendient and said that employee has not terminated he has transferred but I have proved before the L.S. that the transferred order is false and make it after termination for back date after that L.S. has advised me to file a case against company U/S 26 of Jharkhand Shops & Establishment Act 1953 ( Bihar Shops & Establishment Act ) and L.S. has filed a case U/S 28 for recover my salary which is calculated ( Month x 10 Times ) after that company has send a courier after ten months for the complain of which inside a hand bill of birla and the receiving of that courier has been produced before the DLC court that he has send a salary cheque and employee has received the cheque but not present in his bank A/C but the fact is that there is no cheque inside the courier.
I have given own witness before the DLC in court and the opposite party has given for witness before the DLC of which all are given false statement and the case has pending before last three year and after that D.L.C. has changed after the retirement of DLC new DLC has closed the case and given his judgment without hearing my side the case is not maintainable because there is no termination because the company has not issued any termination letter.
Judgment letter has attached.
The branch manager who has terminate me has resigned from the company has given print out of his email that how the company create all this termination and transfer.
He accepted his emails but deny that he had not given me that and blamed that I have hacked his email.
D.L.C. has deny this email has a proof because its an internal communication between the officials.
Pls. suggest what I have do.Judjment Copy Attached
Anonymous
11 June 2011 at 12:29
AN OFFICER FROM STATE BANK TERMINATED IN THE YEAR 1997 & AFTER HE HAS NOT FILED ANY CASES IN THE COURT, DUE TO HIS FINANCIAL CRISIS & ALSO HE IS RESERVED CANDIDATE. WHAT HE HAS TO DO NOW?.
Rizwan Pathan
11 June 2011 at 11:29
Dear Experts,
In PF Calculation what is th benifit of EDLI(Employee Deposited Link Insurance scheme)
Is there any alternate of EDLI like LIC or something else.
How the EDLI calculated.
Thanks & regards,
Rizwan Pathan
Rizwan Pathan
11 June 2011 at 11:25
Dear Experts,
What is retrencment compensation at what is eligibility to get the retrenchment compensation,Under which ID act's which section it is come.
What is the differnces between Resignation,Termination,Reterenchmen,Supperannuation, and volunttory exit,
Thanks & regards,
Rizwan Pathan
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