Legal Manager
10 March 2011 at 12:34
Dear Sir,
I would like to have your personal advise in below scenario.
We have 6 small various companies in at one campus and same location with different name deploying less than 50 manpower on daily basis since more than one year. We have two union at work place. We have made settlement with majority of Union.The other union have not accepted the said settlement hence they have given separate charter of demand and later this dispute referred to labor court for adjudication. Meanwhile they have resorted to illegal strike in April 2007 and till date they are abstaining from the work. By the way we have submitted an application to Labour court to declare this act as illegal strike and case is now on leading evidence from our end.
In such situation can we close our sister concern ?
Do we need to seek permission from Labour court where dispute of illegal strike is pending.
What is the procedure for applying closure of establishment?
What reason we can lead to justify the closure?
What can we do with the employees who are with majority of union and are working in this sister concerns?
Would appreciate your help and reply.
Thanking you,
Regards,
Rita
ramesh gupta
09 March 2011 at 15:51
We have salary break up as basic,HRA,conveyance allowance, industrial allowance, skill allowance and telephone allowance. Pf authorities are of the view that all these allowances should be taken as DA and PF should be applied on that. Please advise your expert views.
Dinesh
09 March 2011 at 14:43
Helli Sir,
I am working in a IT frame which is a private limetated company (CMM5). I fire after working of this organitation on last 10 year. They are still not pay me the gratuity.
I claim to re-imbrase my gratuity by mail in 5-6 time, but they have not replayed.
Could you please suggest me how to proceed?
Anonymous
09 March 2011 at 14:18
no one told answer to my question
NAYAK MAFATLAL GORDHANDAS
09 March 2011 at 02:20
Sir, I am bank branch manager under suspension w.e.f.25/11/2009. Bank issued me chargesheet on 16/04/2010. No reply is submitted for the want of supporting documents. Without taking reply for the chargesheet, Bank has started departmental Inquiry. In the begining stage, due to ill-health, I do not remain present in the Inquiry proceedings, but after getting well, I started to attend it. IO asked me the preliminary questions regarding: have you received the chargesheet, have you read and understand the charges, have you any defence representative, In reply, I told that chargesheet was issued to me after143 days of my suspension, English terminollogy of the chargesheet is not understandeable, so ask for hindi translation. Hindi translation was given to me after 43 days after my request for it, which bears so many material mistakes and mis leading information in comparision of original one. IO and PO ignored my requests for supporting documents and correct hindi translation, continued at their own mind. IO & PO are going to the homes of the parties which are management witneessess and taken the statement against me.
Sir, please guide me that the act of IO & PO is legally valid? Can they go to the home of the parties inspite of place foxed for the Inquiry? What is the legal protection to me? What is tobe done by me in the present situation. IO has informed me that next will the final and last inquiry proceedings, now what to do by me.
Please guide me in the matter, Sir.
Thanks a lot.
NAYAK MAFATLAL GORDHANDAS
09 March 2011 at 01:15
Sir, myself is branch manager of nationalised bank under suspension w.e.f. 25/11/2009, 16th month is running of my suspension.I am getting 1/2 salary as a subsistance allowance from the fourth month after suspension
Please help and inform me about the rulling of courts i.e.name of the court, judgement number, year of the judgement regarding full pay after 12 months of suspension i.e. from the 13 th month, full salary to be paid to the suspended employee. Can I get full salary?
please guide me in the matter
rakesh
08 March 2011 at 23:53
Respected sir
imy self resigned from govt service to join central public sector undertaking with proper permission and NOC but my dues are not cleared yet and more than 2 and half years have passed even my gpf is not transferred nor given to me, through rti and other applications i came to know that my deptt is not cleared about the case to treat as simple resignation or under absorbtion in central public sector undertaking as per the dopt guide lines it is clear that it should be under absorption in cpsu and i should be deemed to retire and eligible for all transfer benefits but they are still not clear and they are discussing it with PAO and Head office since last six to seven months but no decesion is taken yet i have applied to ministry also but ministry has forwarded my application to head office and given time frame of two months but no reply was received to me from my deptt after two months i filled reminder to ministry again it is being forwarded to the deptt now i am thinking to go to CAT so kindly suggest that how should i appeal with details .
thanking you
Rakesh Mehra
Anuj
08 March 2011 at 21:07
I would like to know that is service bond legal in india.
my background is like , I was sent to abroad on deputation for 82 days .Company has taken sign of mine on service bond of 5 years and 5 lacks stating the expenses made on me for training . However, no training had given to me , I was on work infact booked manhours for my activities.
I have completed 1 year of my bond time , in this time I find some other good option. So am i need to give 5 Lac. can company make any legal case on me.
Are they have the rights to hold my LTA, salary , PF and Reliving letter.
Please help
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