Anonymous
25 April 2011 at 12:23
Dear Sir
I joined my service on 28/4/2006 on five year contract.
My service contract says that
First Year : You will be paid a fixed amount of 16000 for first year.
Second year onwards: You will be given the pay scale of 10750-16750 in E-1 grade and will be entitaled for all the facilities equivelant to E-1 Grade like LTA, HRA, DA, Gratuity etc.
Now I have resigned on 10/3/2011. My pay scale on resignation was 20600-46500 (revised as per Pay commission recomandations)and basic sallary was 22520.
I applied for Gratuity but my employer says that I am not eligible for payment of gratuity as my service contract says that I will be eligible for Gratuity from second year onwards.
They are not counting the first year of my service for the perpous of gratuity so it makes my total continuous service equal to 4 years and hence I am not eligible for the same.
The contract was of 5 years only.
Please advise what to do and if I am eligible for gratuity where should I apply.
Anonymous
25 April 2011 at 12:17
An employee is missing from his services without giving any reasons. The employee is communicated by the employer via modes of communications to report for the duty and if not able to join back state his reason of absence; failure to do the same his services will be terminated from the company. Can an employer, publish about the employee as an absconding employee from my organization in the public/private domains? Will there be any legal challenges? if yes, what could it be?
Anonymous
24 April 2011 at 19:56
my father hs served westbengal govt with his health services as a genuine upright medical officer. some ppl conspired against him due to his popularity and sent wrong reports abt him to higher authorities. he ws transfered to anther place. whr he didnt want to go as he hd health problems.he cdnt afford 2 travel daily to provide service. he ws undr mental tension too. under diz cnditions if he hd wrld then he cd hv even provided wrong treatmnt to patients. so after working for 4 mntsh he left and applied for VR. bt his VR ws rejctd though 2 other officers got there VR. enquiry commision ws set up. 2-3yrs passed. my father ws called at office nd ws explaind dt if he signd a document accpting all his guilts as an "irresponsible" officer he ws b provided wd all men xpct for the amnt of 2-3yrs for which he dh bn practicising and nt working( he hd applied for Vr bt rjctd.he cdnt afford to work.)
dt document ws nt a legal one. nd he ws mentally tortured nd forcd to sign. he ws nt mentally sound. he jst wantd a relief. they assured a relief so he signd it. nw they r taking tha piece of paper as a proof and denying pension.
will my father get a justice? he is 60 now. and cant afford to practice for long. the case is going on at SAT. father is losing hope. he hsnt made money like other docs as he hd always servd more than he earned.
Anonymous
24 April 2011 at 12:00
Respected All Law Experts,
What should I do what can I do if the disciplinary action is taken against me primarily based on an observation of the Hon'ble High Court in the Judgement which had quashed the memo of charges and the suspension that lasted more than three years on the grounds of mala fides; which 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..."
And due to disciplinary action against me emanated and influenced from this observation. I stand compulsorily retired as a major penalty on the basis of the judgement for which I had filed the Review application which was pending adjudication for its review / clarification.
The Judgement in Review Petition finally gives clarification, using inherent power of the Court to say that
"there are good reasons to exercise that inherent power in this Court by giving some clarification in respect of the judgment"
"that this Court never intended to give any final view"
"The observations made by the learned predecessor Judge ..., however, can be understood by anyone to be the final findings of the Court"
"I am therefore of the view that this is a case where this Court should use its inherent power to do justice between the parties by giving the aforesaid clarification now"
"that none of the observations made in the judgment dated 20th December, 2006 was a final expression of opinion of the Court on the merits of any of the allegations levelled against the writ petitioner in the charge-sheet given to him"
By the time this Judgement of clarification is delivered I am just one day short of my normal age of superannuation and am more than five months in to the Compulsory retirement and my Petition against the penalty Order of Compulsory retirement is still pending.
Any case Laws please?
Regards,
Anonymous
Anonymous
23 April 2011 at 22:13
Hi. I wanted to know about an employee who has left his job without being relived from his duties (i.e. without resigning or serving his notice period and without informing his senior for reasons not known to the employer) then what happen?
can i re-join my duties?
Isaac Gabriel
23 April 2011 at 21:19
Gratuity cannot be witheld or forefeited unless terminiated from service for misconducts.it is payable on superannuation as per section 4(1)(a).and no recovery could be made from gratuity. The retirement of employee is postponed for pendency of disciplinary action after superannuation and the management refuses to grant gratuity on attaining superannuation.Is it legally right?
tara prasad
23 April 2011 at 21:15
Respected Sir,
A govt employee under govt of sikkim has been kept under suspension for more than three years on alleged criminal act and no departmental hearing etc has been held till date.he is getting suspension allowance.whether it is not illegal to place him under suspension for such indefinite period.
Bhai Dupare
23 April 2011 at 18:49
Sir,
I m from one of the private co. from mumbai working as Sr. Accountant. I am leaving job from my co., after sending sms for leaving as a resignation.
after sms i m leave job from 15 Days. But my co. hold my salary not responding to me.
i m confirm employee from this co. but till upto time they are not given me appointment letter. so i am not signing terms of 30 days notice period. but i have confirmation with increament letter.
so Plase guide me as a Legal Aspect.
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Gratuity
If any employee resigned and he/she completed the continious service of 4 years and 10 months. Whether the employee is liable for Gratuity or not?
Regards,
Santosh