Rama mohan Acharya
25 February 2011 at 16:53
Here is a case of an organisation having about 3000 employees and also multiple unions. One of the Union have about 98% of employees as its member. This fact can be ascertained from the number of votes casted when the election of the office bearers helds thorugh secret ballot system. This Union is recognised by the management.The other unions donot have much membership. It is also revealed from one of the letter from the registrat of trade union that an union is having membership of 2750 and another is having 1565 mambers, besides few more union having small no. of membership.
My querry is :
1. Is it not the responsibility of the Registrar of Trade Union to veryfy the actual position when unions submitt their annual return? If Yeas what is the methodology?
2. Can the union having very less no of membership, raised an Industrial dispute on the issues of common interest? Can the Labour authorities are justified by calling the employer to participate in the Conciliation proceedings? Is it obligatory on the part of the management to attend such conciliation?
P.s.: The decision of the apex court in the matter of Chairman Of SBI and all orissa bank officers association may also referred.
Hariprasad
25 February 2011 at 16:42
I have served 50 days notice period as per the request of my previous employer where i need to serve only 30 days mandatory notice period.
My query is whether iam eligible for any extra salary for the additional 20 days service provided by me
Anonymous
25 February 2011 at 15:57
In case one employee working at corporate office, the employer has terminated the employee, in that case whether employee can approach Lbaour Court for termination
Anonymous
25 February 2011 at 15:16
I joined a company at 9th Sep 2010 and resigned on 22th Feb 2011.
In my employment contract it is given that
“Either party for any reason whatsoever upon either party giving to other party written notice of period specified in Item 8 of schedule hereto and this Agreement and the employee’s employment shall terminate upon the expiration of the aforesaid period. The Employer may, in its absolute discretion, make payment of salary in lieu of the whole or part of any notice period given. The employer reserves the right to require the Employee to not attend work or vary the Employee’s duties during any period of notice of termination given by the Employer. However, during this period the Employee will be entitled to receive the Employee’s normal salary and benefits of employment”
ITEM 8 : Notice Period – 2 MONTHS
I want to leave organization on 21th March. What can I do? They are not allowing me buy this notice period. What legal action I can take on this?
Anonymous
25 February 2011 at 06:53
Dear Sir
One of my friend, he has been working as Manager in MNC since 2007. Just a few days back he was terminated on the charges of submitting faked bills/receipts. No showcause notice was given, the same day she was called for oral explanation and forcefully confession letter was collected and was terminated from his service. (All was done on the same day). We want to legally proceed to claim the legitimate rights from the employer. Please give your opinions/suggestion.
Chandran
Dr.Gaurang N. Gandhi
24 February 2011 at 23:43
Sir
Is Religious and charitable trust running jain -Hindu temple and provide accommodation regarding rooms and BHOJANSHALA to the visitors of the temple on nominal charge{not profit making}, employed 19 workers R eligible for payment of Gratuity to their employee?
Is there any SC ruling in favour of the Employer?????
Anonymous
24 February 2011 at 22:34
RESPECTED EXPERTS,
Mr.A, a junior engineer in government department.
His senior authorities(Assistant Engineer, Executive Engineer,Chief Engineer) misappropriate the public money.And case is book under section 409/407/34 of IPC.
While investigation investigating authority arrest Mr.A(that is in Friday) though he is no where involve in offence.As the case book under serious nature Mr.A was denied bail by First Class Magistrate.
My queries are;
1-What is the legal remedies that is available to Mr. A under above circumstances??
2-Will Mr.A be suspended as from friday to monday his police custody will be more than 48 hours.(THOUGH HE HAS NOTHING TO DO WITH THE MENTION CRIME).
PLIZ ADVICE WITH RELEVANT PROVISION OF LAW AND CITATION BY SUPREME COURT AND HIGH COURT.
Thanks in advance.
Anonymous
24 February 2011 at 19:44
Hello Experts,
Our Appointment letter has an Annexure giving the salary break-up here a condition marked in "*" says that Performance Pay (a component of the salary) will only be paid if the employee is on the Rolls of the Company on the day of disbursement and also not serving a notice period.
Now,
1]Is this a valid and legal condition (defence)under the pretext that the Appointment letter forms a contract and therefore its contents are binding since the Appointment letter has been accepted
2]Can the company refuse payment and withhold a part of the salary for the period which the employee has worked / performed? What is the remedy?
3]What sort of Legal proceedings can be initiated by an ex-employee to get his rightful dues?
Anonymous
24 February 2011 at 19:41
im a physiotherapist by profession. iwas working with khalsa college amritsar as a physiotherapist in the department of physiotherapy from dec 2005 - july 2008. in july permanent teaching post were advertised so i resigned from the non teaching post as i was selected for permanent teaching post in the same department and college.every thing went off smoothly durin 2 yrs of my probation
until 12 june 2010 when i was handed over my termination letter (during summer vacations)through a peon at my home. it was very shocking because i was not given any reason nor any chance to defend my self. my probation was to end on 17 july 2010.i accepted that because college can terminate me during my probation period without giving any solid reason.however in my termination letter they said that MY CONDUCT AND WORK WAS NOT SATISFACTORY).although i gave more than 95% result in subjects i taught, i was section editor of college magazine, sports coordinator om my department, moreover all the official paperwork was done by me as their was no permanent head of department and i was the seniormost (department never had any permanent teacher since its inception in 1998. only once in 2003 3 teachers were made permanent and later they were terminated-their case with college is going on in punjab and haryana high court since then)i never received any official warning / memo durin my 2 yrs of probation and even prior that during my non teaching job of 3 years. last week after much effort i was able to obtain my work experience certificate but to my horror the principal har given remarks that my conduct and work was not satisfactory during my job.
i dont know why he is after me and want to ruin my carrer by giving such remarks on my experience certificate. i wont be able to get a job in any college in future and that too without any fault of mine.
i feel very harassed and depressed.please advice me ???our principal is also an advocate
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Prorata terminal benefits
A person had worked as a central Govt. servant for three years. He resigned and joined in a central PSU. on reliving he received the unutilised leave and the PF accumulation. As only served for 3 years no gratuity was paid.The PSU where he joined has a provision of acceptance of prorata gratuity from the preveous employer and that period shall be counted as the service for the purpose of payment of gratuity.
Whether the central govt. should transfer the prorata gratuity of 3 years to the PSU or not? If yes, what should be done by the employees.
DOPT om No.28016/5/85-Est(c) dtd 31.1.1986 is also refered.