RAJESH
04 February 2011 at 15:12
CHRONOLOGY OF THE CASE
14/1/08 To 29/2/08 Chandigarh Housing Board (CHB) launched a housing scheme for UT employees. Scheme provided for the 4 categories of flat (3 BR/2BR/1BR/1R)
An employee was eligible according to his group (A/B/C/D) as per service rules. (PARA II (b) of the scheme).
Group A employee was eligible for 3BR flat, Group B employee was eligible for 2BR flat and so on.
11/6/2009 Chandigarh Admn issued a notification to Adopt the Punjab Govt.
Notified rules called “Punjab Civil Servises Rules (Revised Pay) Rules, 2009” with immediate effect. However arrears were paid retrospectively w.e.f 01/01/2006. (Para 2 & Rule 8 of the Notification No. 7000/1/2-F&PO(7)-2009/4029)
07/07/2009 Chandigarh Admn. Issued a notification No.34/55-IH(7)-2009/13073 for adopting the criteria for classification of post as contained in Punjab Civil Servises Rules (Revised Pay) Rules, 2009” with immediate effect.
Sept.,2009 Mr. Shiv Kumar Joshi who belongs to Group C filed a writ petition (15111/2009 through Mr. Puneet Bali) seeking to upgrade their eligibility from 1BR flat to 2BR flat because their scales as been revised retrospectively w.e.f 01/01/2006 and the corresponding grouping (A/B/C/D) should also be made applicable from that date instead of 7/7/2009. and they should be allowed to be included in list of applicants of B category flats .
Oct. 26,2010 Another person belonging to Group C (Sukhraj Singh ) filed the same writ (19175/2010 through Mr. Puneet Bali). In which Justice Surya Kant transfered that writ to other bench and finally on 29/10 Justice Ranjit singh referred to the order passed in case of Shive Kumar Joshi and issued notice of motion for 01/03/2011
Oct. 28, 2010 Justice Surya Kant gave the interim relief to Mr. Joshi, directed the CHB to consider the employees who are interested and have become eligible from Group C to Group B category flats on account of retrospective revision of pay scales w.e.f 01/01/2006 shall be included provisionally in the draw of lots against Group B flats without prejudice to their rights for the inclusion of their names in Group C category flats in the event of non acceptance of their claim by this court.
Nov.4,2010 Draw of lots held with following position in case of B category across all categories viz Gen/ SC/OBC/PH etc
Original B category employees Group C employees considered provisionally
Successful Waiting Successful Waiting
79 29 89 54
Some of them who transferred from Group C even do not fall in criteria mentioned in interim order
Mr. Shiv Kumar Joshi who filed the above said 1st writ got successful in C category and is expected to take withdraw his writ.
Mr. Sukhraj Singh got successful in category B
I beling to Group B originally figured in waiting list at no 40 and affected due to Group C people considered in draw of lots provisionally in our group B
Please provide solution to throw the group C people out of our group
Nimisha Pankaj
04 February 2011 at 11:31
There is a case in my office regarding the calculation gratuity. An emplyee was working as substitute worker for 8 years and then was made permanent without any break of service for another 10 yrs(Total service period = 18 yrs.) Now the employee is retiring on 28/02/2011 after completing 18 yrs. of service both 8 yrs as substitute and 10 yrs as permanent status. My question is how many year will be taken for the calculation of gratuity? Will it be 10 yrs or 18 yrs ?
Pls clarify.
Rgds,
Nimisha Pankaj
Anonymous
03 February 2011 at 22:56
sir, i hav an question we put a case in high court against d govt edu. department, but they didnt come anytime(4 times) from d 1st date regulary in the court and they didnt giving any reply also, what we will do in this situation, can judges give any judgment in our favour on their this dirty behavior if yes then plz tell me what?
sorry for my bad english....
Anonymous
03 February 2011 at 22:38
In 1989 I was suspended and the Department had filed a FIR against me. IN lower court I had won the case. The department went to High Court against the lower court.and also start a departmental enquiry. In high Court also I had won the case. but in departmental enquiry the department had given punishment and stopped 3 increments and revoked my suspension. But Now they are not giving me the suspension period of allowance and pay. What can I do? Is is possibility for stopped also 3 increments which they had stopped in future. Please advice me....
Anonymous
03 February 2011 at 19:23
Is there a time limit within which a bank need to provide the relieving letter to an employee who has resigned
?It has been more than seven months and yet I have not received my relieving letter.Can I take legal action on them for not providing my relieving letter?
Anonymous
03 February 2011 at 16:24
Sir, if my employee denies that he put his signatures on a document which i introduced as my evidence during enquiry. he is accusing me of forging his signatures and the forensics analysis will also prove that they are not his signatures. problem is that these three documents contain my signatures and therefore i cannot deny the document. how do i defend myself. In that case will i be implicated for forging his signatures as the enquiry now feels. what defence can i mount in this case.
Anonymous
03 February 2011 at 13:38
Respected Experts,
I am working in a textile company as a HR Executive. I want to know that if company outsource the job work from within state or outof state. If Employees Provident fund is applicable on this job work amount. In case job worker have or have not a E.P.F. Code.
Rupesh Arora
Anonymous
03 February 2011 at 13:24
Dear Sir / Madam,
I was serving as a Senior Management resource in a Healthcare company.
I served Notice for Resignation giving reference to employment letter, which has 1 month notice period or salary in lieu-of clause. As per my letter I offered to serve 1 month or longer if required by the company.
On receiving the Letter, CMD cut down my role and asked me to serve only specific areas of responsibility. However, on 2nd day of the notice, I was called again by CMD and was told that he is taking over all the responsibilities and there is no need to come to office from next day onwards.
I believe, that early release while I was serving the notice period tantra-mounts to termination of my services and I am eligible to payment of salary for the balance of Notice period.
The employer is not willing to pay the notice period and also for leaves accumulated. His logic is that I resigned and employer is entitled to release me earlier than my due date without any dues.
Please clarify if my understanding is right or employer's interpretation is right.
Please suggest if I am justified in asking my dues, what should be the course of action taken by me.
PS-
1. I submitted my notice of resignation in writing, but didn't get acceptance from the management.
2. The request for early release was communicated to me verbally. Since I reported to CMD, I didn't ask for this in writing and took his word for it.
3. The EA to CMD had discussed with me and had told that the salary for balance of notice period will be paid
4. I have been writing to EA to CMD and sending SMS. However, there is no response in writing from them and all discussions are verbal.
5. Denial to pay is also communicated verbally and not in writing.
6. The employment agreement states clause of separation as 1 month notice period or salary in lieu of from either side.
Thank you for your help and guidance.
Regards,
gosc
03 February 2011 at 10:28
Whether an employer can restrict the EPF recovery on salary Rs.6,500/- only even though the employee’s salary [Basic] exceeds Rs.6,500/- during their service, like the restrictions followed in Pension Fund [EPS], the pension fund amount which is to be calculated on Rs.6,500/- only. Or the employer can ignore the salary ceiling limits to PF contributions and recover the PF on actual basic salary earned/given per month. Employees are willing to contribute to EPF and to Pension Fund on actual basic salary.
Whether an employer can recover and contribute on actual basic salary [more than Rs.6,500/-] for both provident fund and to pension fund if employees give their willingness in writing to employer.
Is there any legal/act binding on employer side/part that they can restrict their contribution to the basic amount of Rs.6,500/-[for both EPF&EPS]
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releaving letter
My brother was working in a pvt co from last one year on probation and now he has resigned after serving 7 days notice period as per the only clause mentioned in his appointment letter and joined new co from 1st feb 2011 .Now current emloyer is asking for the relieving letter issued by his previous employer to fulfil the condition of his joining.the problem is now his previous employers are not co operating and are not providing him his releaving letter on time that can make him loose his present opprtunity and becoming unemployed. shooting numerous mails for help earned no response ,he wrote to the head of the co and now getting threatened .pls make me understand my legal point and what cld be done best.
warm regards,
shalinee srivastava