ANJAN KUMAR PAUL
25 May 2011 at 17:01
Hi,
I was working on a private engineering firm as a service engineer on their kolkata office since may 2008 after 2 month i have get a better opportunity and i have given the resignation on that because that time I am in probation period and in this period i have resign from the company without any notice as per my appointment letter.
After resignation they didn't gave me release letter result of that I could not joined in my new company. Then I have urge to my existing company to rejoin to my work. They said to me to send a blank dtd. chaque of Amount Rs.50,000.00 with a letter that I will work here at least three years, if I unable to fulfill that they can encash the chaque. In those days my economic condition was very poor and lots of pressure had went my head. Hense i have sent the chaque with the letter in17th november 2008. After sumit the letter I had rejoined here but they didn,t issue my Appointment letter. Also they idn,t give any PF any medical facility. I was followup so much to my branch Head for medical facility or card but I didn,t receive. I was working mainly in OIL sector which place is very much hazardous and here working is very risky.
They didn't fulfill the commitment that and after ending my 6 month probation period, they didn't increase my salary and even after completion of 1 year also they didn't. In addition that so many harassment was there and I was felt totally uncomfortable and uneasy. I felt mentally sick and dull and I decided to leave this company any how.
In June 2010 I have joined in my recent company without submitting the resignation in my past company. After 2 month they had sent me a letter for rejoin immediately but I could not answered the letter. After that they didn't correspondence with me and I also didn't contact with them.
Now, suddenly when I have checked my account I saw they have dropped the chaque on 21/4/2011. Now I don,t have sufficient fund in my account. On 25/5/2011 I have received a Legal notice about the matter and for submit the security deposit of Rs.50000.00. It is very difficult to give the money for me. So, there I request to assist me to take a further action about the above matter.
Anjan Kumar Paul
Md Mukibul Islam
25 May 2011 at 12:59
Hi Sir,
I joined an MNC on 21st of Aug 2006 and resigned the same on 2nd of May 2011. I have completed 4yrs and 254 days in that company. Now as per the Payment of Gratuit Act, 1972, Section 2A 2(a)(i) and Section 4(1)(b), I think I am eligible for the payment of gratuity. But my company is denying that and saying that "you need to complete 5yrs for gratuity".
Please let me know whether my understanding of the Act is correct. And if I'm correct please let me know what process i need to follow legally to get my payment of gratuity.
The Act document for you reference.
http://labour.gov.in/clc/PaymentofGratuityAct.doc
Thanks and Regards,
Mukibul
Anonymous
24 May 2011 at 23:25
They pray for and are granted one month's time to file counter affidavit.� Two weeks' thereafter for rejoinder affidavit.
List for admission on 17.8.2010.
The learned counsel for the petitioner submits that in view of the judgment of this Court in the case of M/s PFIZER Ltd. versus State of U.P & Others 2010(125) FLR 350, the award� holding that medical representative is a workman is not illegally sustainable.�
The matter requires consideration.
Till further orders, the effect and operation of the impugned award shall remained stayed.
Order Date :- 28.5.2010
I had already filed counter affidavit and rejoinder affidavit had also been file long back.
eversince then the case has not been heard for admission.
i had not been granted 17-B too.
the issue on which the stay has been granted already stands decided by high court as interlocatory order thrice.
almost a year is passed, the case is neither been admitted nor stay has been vacated nor any relief in the form of 17-B had been granted.
PL PL suggest effective remedy to me
Advocate Suneel Moudgil
24 May 2011 at 16:21
Dear Sirs,
one of my client left his job in February 2007 without any notice. now the employer company sent my client a notice(not legal) to refund a amount of 2600/-.
my query is :-
1. whether company can initiate legal proceeding now as the matter is 4 years old?
2. if yes, what action can company take?
3. what is the limitation for such recovery?
awaiting response.
Regards,
Suneel Moudgil
abbas
24 May 2011 at 16:14
Sir
My Father a UP govt employee retired in december 2008, as per the payment of gratuity act what is the amount of gratuity he is eligible to receive? Another thing is whether an employee who is working continuously for more than 10 years but is not a permanent employee, is he eligible for gratuity?
Thnx in advance!
varaprasadg
24 May 2011 at 15:54
I haveresigned from a private company after a service of 4 yrs & 11 months.
As per my knowledge I am eligible for service compensation under shops & Establishments Act
But my employer is rejecting to pay the same
Pl. advise am I eligible for service compensation
Can I proceed legally
Rupesh
23 May 2011 at 23:02
A proprietor firm doing catering business in Mnc is having strenght of 25 employees is e.p.f. and e.s.i. applicable on it.
Rupesh Arora
Gp Capt Shrikant B Walwadkar
23 May 2011 at 11:26
Dear Sir,
Maharashtra government issued a document regarding minimum wages act to be applicable to the daily wages labour working in a specific type of work and in a specific factories like bidi factory, construction companies, etc. What rate should be made applicable to the educational institutes which is not mentioned in the act like educational institutes.Further the work content varries from sweepig to construction activity of very low level. Is it correct to say that the act is not applicable to these institutes as nothing is mentioned in the act and can form its own rules and decide the minimum wages to be paid to them.
Shrikant
Anonymous
23 May 2011 at 10:40
SIR
I WANT TO KNOW CAN MANAGEMENT OF PHARMA COMPANY GIVE TWO DIFFERENT SALARY(CTC & SALARY)FOR THE POST OF MED. REP.(SALES PROMOTION EMPLOYEES) AS PER SPE ACT.IF NO THEN HOW TO PROCEED SINCE ONE GROUP(10%) OF MED. REP. ARE FIGHTING FOR THERE CHARTER DEMAND SETTLEMENT & OTHER GROUP(90%) IS ENJOYING CTC(DOUBLE THE SALARY OF 10% MR)
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Resignation Law
Hi
I joined an IT company at a middle management level and with respect to my level, there was no probation period applicable i.e I was a confirmed employee from day 1. After working for about 7 months, I developed a kidney stone problem and was subsequently hospitalized for the same (company was aware of that). The stone was in the formation stage and could not be detected at that time. After about a month, I had another pain attack and was diagnosed with a 1 cm stone which had to be surgically removed. I flew back to my hometown for the surgery and a stent was inserted in the ureter. I was not allowed to travel and as per the doctor I have a tendency of forming recurring stones and will be an ongoing issue (was said over a verbal discussion with the doctor).
Considering the situation, I resigned from the company on 30th April 2011 seeking immediate relieving under medical circumstances. My appointment letter says
"Termination of Service: During your employment with the company, a notice of 60 days is required to terminate employment from either side. the company may terminate your employment by payment in lieu of 60 days notice, without assigning any reason whatsoever, at the sole discretion of the company. If at your request, the company agrees to relieve ypu before serving the full notice period, you will be liable to pay the company on lieu of the balance notice period. However, please note that accepting any such early relieving request would be entirely at the discretion of the company."
I have resigned via email marking my immediate manager and HR under medical circumstances and also have submitted my hospitalization reports to the corporate insurance provider. Also, I did send in the resignation by registered post attaching a copy of the email resignation.
After this the HR replied back to the email saying that I either need to serve the entire notice or pay it off to which I replied stating that I cannot stay in Chennai and not in a position to pay it off due to heavy medical expenses. I have not received any reply to it yet.
Now I want to know:
1. If I take up a job with another company near my hometown providing them the copy of the email resignation and the physical mail, would it turn out to be legitimate in background verification check. Can my previous company put me in absconding status and negate the verification?
2. Is there any law which governs this kind of situation and discourages companies to exploit employees under such circumstances.
3. I was hospitalized and submitted the claim for the same while I was still with the company, the insurance company has cleared the claim and issued a cheque which my company is refusing to provide to me. Can something be done about it?
Please help me with this. I have received a few offers with good companies but
am skeptical to join as not sure what would the verification turn out to be!!
Please Help