nisar
26 April 2011 at 19:49
Dear Seniors,
Our factory/establishment is a private limited company; running in MIDC Shiroli, dist.-Kolhapur, Maharashtra & is registered/comes under factory act 1948. Then what will be the applicable minimum wages. AND PLEASE TELL ME HOW MUCH AMOUNT SHOULD BE KEPT AS MINIMUM WAGES THAT IS USED FOR PROVIDENT FUND TOO, WHAT IS THE DIFFERENCE BETWEEN SPECIAL ALLOWANCE & D.A. & HOW IT AFFECTS OUR MINIMUM WAGES.
Please reply asap; it is too urgent for me or please do a favour by sending 2/3 examples of salary giving bifurcation like basic, d. a., hra etc.
Thanking you in advance.
nisar5346@gmail.com
Anonymous
26 April 2011 at 17:32
Dear All Ld. Members,
I want to file an application in MACT Court, Mumbai under section 166 and 140 for Rs. 25,000/- and Rs. 2,00,000/- respectively.
could you all please tell me the exact court fees and Stamp duty payable?
Thanking you in anticipation
yours faithfully
Lingesh kadaher
Anonymous
26 April 2011 at 16:44
Let me know any ruling either from SC. or any other HC that passing an order of compusory retirement simultaneously dropping the pending DE amounts to dismissal in guise and not an order of compulsory retirement simplisiter in public interest. It is urgent.
Thanks
S.N.Derashri
Anonymous
26 April 2011 at 16:41
Hi All
We are in the process of setting up an inhouse call centre of around 15 people. We come under Bombay Shop & Establishment Act. Our HR policy says 36 Paid Leaves per annum and 4 months PIP against non performance with 3 months notice pay. However for these call centre executives, we would like to propose 21 leaves per annum as defined in the act and 01 month PIP with 01 months notice pay. Can somebody advice if we can adopt different policies for different class of employees.
jagadish paranjape
26 April 2011 at 12:33
Model standing orders are applicable to a company.
Inspite of this company superannuates workman at the age of 58 years.
In another unit of the same company age of retirement is 60 years.
Can company deviate from model standing orders,in spite of there being no clause relating to retirement in letter of appointment.
Anonymous
26 April 2011 at 12:23
Workman terminated after domestic enquiry
for misconduct.Termination withdrawn
unconditionally and workman joined duty.
Again terminated on the basis of earlier enquiry.
Is it valid?Is there any precedence?
jagadish paranjape
26 April 2011 at 12:21
Workman terminated after domestic enquiry
for misconduct.Termination withdrawn
unconditionally and workman joined duty.
Again terminated on the basis of earlier enquiry.
Is it valid?Is there any precedence?
Lt COL R S shekhawat
26 April 2011 at 09:32
Indian Army is composed o those who have undertaken definite liability for military service, viz, combatant troops, administrative service/departments
and enrolled non-combatants-
The Army Comprises of-.
The Regular Army;
The Army Reserve
& The Territorial Army
services of Territorial army personnel in comparison to other Indian armed FORCES personnel is neither inferior nor services required by the Indian Armed Forces are superior to Territorial army
Existing definition, laid down by the Department of Personnel & Training(DOP&T), Ministry of Personnel, Public Grievances & Pensions, which has been in vogue since 01 Jul1987,
Ex-servicemen;-
;-Who has served in any rank whether as a combatant or non- combatant in the regular Army, Navy or Air Force of the Indian Union but does not include a person who has served in the Defense Security Corps (DSC), the General Reserve Engineering Force (GREF), the Lok Sahayak Sena and the Para Military Forces
-The personnel of Territorial Army (TA) who are pension holders for continuous embodied service, persons with disability attributable to military service and gallantry award winners released on or after 15 Nov 1986 are eligible to status of ex-servicemen.
Pension & Gallantry award ;- are the compulsory criteria - for the personnel of Territorial Army to attain the status of Ex serviceman which can neither be assured Nor Guaranteed & seems practicably unfeasible abiding the Role\ service concept of Territorial ARMY
Most prominent grievance suffered by Honorably retired officers of TERRITORIAL ARMY ;- -after having served under the same pay band \ rank structure. Governed by the same ARMY Pension Rules,\ Regulation’s .Awarded Gratuity (alike Ex SSCO \ ECO) at par with All those honorably released from Indian military service constitute one class.
It is not LEGAL to single out certain persons of the same class for differential treatment. Denial of Ex-Service men status and ensuing benefits has created a class within a class amongst ALL honorably retired service personnel’s without rational basis and, therefore, becomes arbitrary and discriminatory.
As per GOI, DG E&T .ministry of LABOUR & EMPLOYMENT
service manual part1 National Employment Service Manual Part.I /Vo l.
I page 75 para-11.38
Normally two types of personnel are employed in the Territorial Army, those employed on a part-time basis , and those employed on a full-time basis on the permanent establishment. Obviously, persons falling in the first category and discharged from the Territorial Army should not be considered as Ex-Servicemen e.g - TA personnel’s of NON INFANTRY units called -Departmental TA units of Railway, IOC, ONGC, Telecommunication and General Hospital etc
TA Persons engaged on the permanent staff of the Territorial Army service for varying periods, and on discharge some of them revert to part-time employment in the Territorial Army itself. This part time employment only means a period of training, the duration of which may range from 30 to 60 days in a year. Persons *who serve on the Permanent staff for a period of Six months or more and who on discharge revert to part-time employment in the Territorial Army are to be considered as Discharged Central Government Employees.
TA persons* who are engaged on the permanent staff for a limited number of years should be considered as Discharged Central Government Employees
Exclusion from the definition of Ex-Serviceman for such TA officers* who had honorably been Released\Discharged\Retired with Gratuity alike Non pensioner SSCO \ECO is highly illegal and against the directive of. Govt of India ministry of labor & EMPLOYMENT guidelines of Director general Employment & training.
Officers in the TERRITORIAL ARMY are holding commission ,granted by the president of INDIA with designation of Rank corresponding to those of Indian commissioned officers of the regular Army , Granted Gratuity on their honorable retirement\ Discharge\Release after 05 years of aggregate embodied service / or 10 years of commissioned service alike Non pensioner SSCO\ECO
Yet are not granted EXSERVICEMAN status
ON CONTRARY
Non pensioner Short Service Commissioned Officers . are treated as Ex-servicemen, on their discharge with Gratuity after 05 year commissioned service. inclusive of their pre-commissioning training period as CADET.
Honorably retired officers of TERRITORIAL ARMY are awarded Gratuity at par with All retiree of Indian Army which constitute one class. It is not LEGAL to single out certain persons of the same class for differential treatment. Denial of Ex-Service men status and ensuing benefits has created a class within a class amongst ALL honorably retired officers without rational basis and, therefore, becomes arbitrary and discriminatory.
judiciously commissioned Officers cashiered\ court marshaled \ discharged dishonorably on disciplinary grounds from Indian Armed forces are denied of Ex-Service men status and ensuing benefits
Mohan
26 April 2011 at 09:24
Army has employed approximately 4000 individuals (in 7-8 different organisations in different states) and pays them at casual labour rates. The catch is that all these employees are employed for 25 days with a break followed by fresh employment. Many such individuals have been working in this way for over 25 years. The Army organisation does not encourage formation of any union. Most of these organisations are located in isolated regions with extreme poverty. The Laborers do not raise any demand for fear of loosing their only chance of livelihood. What is the legal view on this. I want to help these people. What should I do?
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Imposing two Major Penalties simultaneously
Briefly I need advice regarding Imposition of penalties against one delinquent officer in two different Charge sheets. Inquiry report is against the charged official and Disciplinary authority is convinced with inquiry report.
in case two major penalty were imposed, then what will be the mode and how they have to be given effect including time factor.