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
Anonymous
24 February 2011 at 16:51
I want a list of Minimum Wages paid for unskliied employees who works under steel manufacturing industry.
Thanks in advance
Anonymous
24 February 2011 at 15:54
Respected Experts
Is it true that
"The suspention of goverment employee is mandatory if he/she remains in legal custody/police custody for more then or upto 48 hours"
if yes!! pliz provide the relevant provision of law/
thank's
N.J. MISHRA
24 February 2011 at 12:18
PLEASE MEMBER SUGGEST ME,
IF THE EMPLOYEE LEFT THE COMPANY AND HAS GIVEN INDEMNITY BOND THAT HE WILL INDEMNIFIES ALL THE MEDICAL EXPENSES TREATED AT HIS HOMETOWN. BEFORE THAT COMPANY TOLD HIM TO TAKE TREATMENT BY COMPNAY DOCTOR, BUT HE REFUSED. DIES AT HIS HOME TOWN DUE TO HIGH BLOOD PRESSURE. WILL COMPANY BE LIABLE TO PAY COMPENSATION
sanjeev
24 February 2011 at 11:08
Dear Sir
Good morning
My father joined police service in 1974.He has dismissed form the police service in 1993 . the decision has been taken on ex-parte and dismissed from the service due to 14 days leave in 1992 in two spells ( 8days and 6 days, 3-4 month gaps between these.
Now i want to know about that is there any case in the history which show us that we can go in the court or we will get compensation.
or
send me the case no.,court, diaryno. etc which guide us about it.
RAHUL AGGARWAL
24 February 2011 at 09:06
I worked for 16 years in syndicate bank joining directly as P.O in 1983 and received commendations for giving good performance during my tenure in different positions as Officer –In-charge and Manager till Dec.1998
I was thrown out of the job after framing flimsy charges when I submitted my resignation in June 1998 in order to take a very good assignment with Pvt. Sector Bank. Disciplinary Authority assured me to relieve after admitting the charges as otherwise facing enquiry etc. will take longtime which may result in to losing the offer so keeping in mind the good offer being in hand I believed the words of Disciplinary authority and submitted conditional admission that since I have tendered my resignation I do not want to contradict the charges and requested for immediate relief .But Higher authorities did interfered in the decision of Disciplinary Authority and issued instructions for conducting enquiry, although Disciplinary authority propose to relieve me as per letter dated 21.07.98 As per documents on records the bank ordered a so called enquiry .It is worth noting that the enquiry was completed within 3.5 hours starting from10.30 am to 2.00 pm that too during my absence as I was sitting with a officer at Rashtrapati Bhawan during the time of so called backdated enquiry .This clearly shows malafides and violations of Principal of Natural Justice as 1917 documents were supposedly examined within this short period which is humanly impossible in normal course. I did signed on these backdated enquiry papers as CMD personally assured me to relieve me and my offer was still open .
But Bank did not fulfilled the assurance given by the CMD Mr. K.V.Krishnamurthy and officers of bank who made me victim of circumstances managed orders of my compulsory retirement after about a month on the basis of this backdated enquiry which itself is questionable. As by this time my Offer of Pvt.Sector bank was withdrawn I did made a review appeal before the CMD rebutting all the charges with documents and informing the facts about backdated enquiry .CMD was pleased to set aside the Compulsorily retirement orders and issued instructions for my Reinstatement in to the services of the bank after awarding minor punishment of one increment cut for one year. But it was my misfortune that due to some officers with malafide intentions misguided the CMD by informing that I had indicated to resign from the services .so although CMD Set aside my compulsorily retirement orders I was relieved from the services on the same day of rejoining the duties although no fresh resignation was submitted and the first and only one submitted on 22.06.98 was rejected on 11.8.98 itself.
I did took my grievance to Hon’ble Delhi High court but it was unfortunate that these basic facts which clearly establishes that I was made a victim of circumstances were ignored by the Hon’ble High court because my case was not properly presented by my lawyer while bank using its vast resources engaged a reputed lawyer having good face value as a result court ignored all the real facts and imposed costs also as a result which my LPA and SLP were dismissed in limine without giving me any chance to place the facts before the Hon’ble courts.
To establish my contentions I did get bank documents through RTI act .In one paper Bank confirms that I was relieved by accepting my resignation dated 22.06.98 while vide letter dated 11.8.98 bank rejected the said resignation . As such bank action of relieving me on basis of resignation which was rejected in writing by the bank itself is not justified as per the normal practice .
I need your expert view that on account of having bank's documents itself to establish that I was made a victim of circumstance and my relieving was against the norms as it was on rejected resignation.
The Hon'ble Judge had due to fallcy of Human error and being influnced by bank's vast resources had treated a letter of date when I was not in service and requested for permission to resign after getting back in to services.I did rejoined on 28.12.98 but was relieved on the same under the pretext of acceptiong my resignation submitted earlier which was in fact rejected earlier.
Please advise me can I go for filing fresh writ on the basis of documents under rti act which establishes that my relieving was against the norms as one can not be relieved on rejected resignation.
Your personal favour in this matter will help me fulfilling my moral obligations towards my family as I am moving from pillar to Post for getting back my job.
Regards
Rahul Aggarwal
rahulagg2@gmail.com
Anonymous
23 February 2011 at 17:38
DUE TO SOME PERSONAL REASON , I HAVE SENT A RESIGNATION TO MY COMPANY ASKING FOR AN IMMEDIATE RELIEVING FROM JOB, WHILE THE COMPANY HR IS ASKING TO SERVE NOTICE PERIOD OF 60 DAYS, WHILE I HAVE PROPOSED MY COMPANY TO ACCEPT THE PAY AGAINST THE SAME, WHILE THE COMPANY IS DENYING TO ACCEPT,WHILE THE COMPANY IS ALSO CLAIMS THAT IF I DO NOT REPORT TO WORK THEY WILL MARK ME ABSCONDED WHILE I AM IN TOUCH WITH THE HR TEAM THROUGH EMAIL AND COURIER.... SO WOULD KINDLY ASK YOU TO ADVISE IF I CAN SERVE ANY LEGAL NOTICE TO MY OFFICE ASKING THEM TO PROVIDE MY RELIEVING LETTER AGAINST THE SAME,
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Gratuity
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?????