Anonymous
08 May 2011 at 14:56
Question : Due to an inadvertent expression in the Judgement delivered in 2006 which Judgement quashed on grounds of mala fides the orders of suspension and the memo of charges issued to me in 2003 my Department who had contested the case against me for more than three years promptly issued an order that the Court had held me guilty.
The expression in the penultimate paragraph of the judgement had read \"Nonetheless, it cannot be overlooked that the petitioner did commit certain misconducts which could attract disciplinary action. It would not be proper to let the petitioner go scot free because the action taken has to be quashed for reasons of mala fides as detailed above. The equities can be balanced by providing the respondents No. 1 and 2 one more opportunity to objectively examine the allegations of misconduct of the petitioner and to take appropriate action required, if any, in doing so the respondents No.1 and 2 should also call for the comments of the petitioner and conduct a preliminary fact finding inquiry before embarking upon any full-fledged disciplinary proceeding.\"
By short circuiting the procedure and in a premeditated manner and in a prejudged manner the same 12 out of 25 charges of 2003 were re slapped upon me verbatim , com by coma in 2007. My department took disciplinary action against me. I was neither allowed to work nor associated with any departmental activity and was proceeded against in an ex parte Inquiry in a private law office by payment of more than four Lacs to the Inquiry officer . Even the documents that I needed to defend were denied to me. I had immediately after the delivery of the Judgment of 2006 filed a review application followed by application for clarification. Thus the major penalty of compulsory retirement was imposed upon me on the basis of an ex parte Inquiry held against me while I kept pleading that the Judgement is pending review.
The entire disciplinary action against me had commenced from an unintended and inadvertent observation of the Court as mentioned above.
No body listened to me. I was on the road. My application for setting aside the order of my compulsory retirement has been pending for the last nine months. I have already crossed the age of 60 years
A ray of hope appeared as the Judgement on the Review Petition reserved in 2009 was delivered in 2011, a day before my age of superannuation, six months after I had stood compulsorily retired with the stigma of a major penalty.
The Judgement in Review Petition gives out that \"the unintended observation by the Court could be understood by anyone to be the final finding of the Court.\"
\"Therefore this Court should used its inherent power to do justice between the parties by giving the clarification now.\"
My Petition for setting aside the Penalty of Compulsory Retirement is pending.
What should I do now. Does the Judgment of Review has any bearing on the case.
Any case Laws please.
Anonymous
07 May 2011 at 13:55
i m wrkng as mgr maintenance with pvt ltd chemical plant i m getting 10000+ salary and employer gives almost double salary as bonus on diwali but he refused encashment of earned leaves to one of my colleuages with more than 125 earned leaves inbalance on regisnation which is huge loss to us after servicing 5/7 yrs.Also no appointment letter has been given to us but pf from salry is deducted regularly. pl suggest what to do to get e/leave encashed with bonus.
REGARDS,
VIRENDER SINGH
Dharmesh
07 May 2011 at 13:44
Respected Sir/madam,
Incase employee works on 15th Aug, 26th Jan, 2nd Oct
Are employees eligible for compensatory off along with double day and also pls. confirm the same for following states
1. Maharashtra
2. Karnataka
3. West Bengal
4. Delhi
5. Haryana
The Central legistation confirms double day, however it also states that state legistation can have provision of Compensatory off as well - Kindly confirm
regards,
Dharmesh
pushvendra singh
07 May 2011 at 12:37
my clien lost his figer in factory during working hours factory adm. not provide any compensation to him .there after client went to police station for f.i.r.against adminstration(factory). police fully oblized by adm. my clent is without f.i.r he want to file suit in court. please suggest me in which sec. or in which manner.
devakidevi
06 May 2011 at 13:55
Dear Sir/Madam,
I request to kindly guide me how to proceed further in this case.
My husband was working in a software company as a consultant. He had been working for almost 6years. The company was not paying him salary for one and half years. One day the company had asked him to take leave without pay. He was told verbally to do this. Then they asked him to voluntarily give a letter stating that he himself was interested in going on leave without pay. The company also said if you sign the above letter voluntarily you will get half of the dues in the form of cheques which will be encashed every month. The rest of the dues will be looked at later and there was no gaurantee of giving the rest of the dues. so my husband did not sign any letter and he also didnot get any dues of one and half years. He was asked not to come to the office. He had talks with top management also but they were not interested in giving the dues. Meanwhile he joined in a different company and resigned from the previous company. He has sent a letter by registered post to the previous company for the claim of gratuity, but the letter was returned back stating that there was no company.
I request to kindly guide me and my husband how to get the amount from the previous company as it is a large amount and is going to help us in our life.
Thanking you
Anonymous
06 May 2011 at 11:16
Sir,
I would like to know is there any forum or senior experts which helps poor and needy to file case in supreme court without any fees in labour matter.
Rakesh Bajaj
06 May 2011 at 10:50
Can terminal benefits of an employee be attatched after he has retired and has been awarded a Major Penality as per Conduct,Discipline rules.
The rules per say are vague in this respect.
Anonymous
05 May 2011 at 23:07
Can i post on E-Mail an expedite application for fixing of date for final hearing in person to H'ble Chief Justice allahabad with a copy to Cheif Justice H'ble Supreme court. are such applications on mail are consider for order or not.? will there be any adverse effect on the application of expedite when the petioner company is causing inordinate delay in disposal of writ petition.?will it be taken up as suo-moto reference. pl advice.
Anonymous
05 May 2011 at 19:33
Dear Sir,
I have worked in tecon projects pvt. ltd., noida from 08-08-2005 to 20-12-2010. they did not give me my full and final and not deposited my p.f. also. My net outstanding is approx. rs. 1.5 lacs. They dnt reply to my mails and dnt hv given me releiving letter as well. Please advice if i can do something.
Thanks
Prerna
9868404085
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Notice period deduction
sir, previously i was working at fortune infotech ltd. I have given notice period of 22 days & leave the company. I have attended duties of 25 days with leave balance of 3 days. it comes 28 days. now my employers has paid me only 20 days salary. please give your suggestion. as per me i have to get the salary of 28 days.
satish