Anonymous
27 January 2011 at 16:51
Some 85 workers of the company filed a case of recovery in labour court on closure of the company. The company was a sick company and reached a settlement at the around 25 % of total demand in the court. the workers present on the day of settlement in the court and representative of Management signed and their advocates signed the settlement in the court. Accordingly 65 workers accepted the payment as per the settlement. However, 20 workers did not accept the payment and filed a separate suit for recovery in same labour court.
The Query: whether some workers about 20% of total strength of workmen can file such application when majority of workers have accepted the settlement ? in fact they were part of the original suit.
I hv read some yrs back that Supreme Court has ruled that when such settlement is signed in court and majority (more than 75%) of workers have accepted the same, the remaining workers have to accept that settlement.
Pl throw light on the above siting any case law, more particulary from HC or SC to decide in the matter
Shailendra
27 January 2011 at 16:21
Dear all,
Can anyone contribute by pointing out, if there is any provision under the various Labour Laws and Regulations, to serve a "cease and desist notice" to the employees/workmen of a Union. In what circumstances can such a notice be issued and what should be the contents of the notice?
Immediate reply greatly appreciated.
Thanking you in advance.
Anonymous
27 January 2011 at 13:54
what is differece between dearness allownce and dearness pay.Iam confused with two expressions DA (enters into retirement benefits)and DA (does not forming part of salary).please clarify me sir.
raghavendra
27 January 2011 at 09:57
sir,
i am a junior lawyer ,practicing at bangalroe, one case in CGIT 1st party objected my representation as per section 36(4) of ID act , taht case was remanded by the high court with direction that should dispose within 3 months , we adjouned the case beyond that period,now that employee had=s filed contempt of court petition in that same court saying this is violation of high court order ,Now how should i take defence for that contempt application,
raghavendra
26 January 2011 at 16:15
sir.
MRP(maximum retail price) under which Act this will come
Shafiq
26 January 2011 at 15:05
I am in big trouble. I appeal to lawyers’ club to suggest how I can get rid of Service Bonds. Such bonds have become a menace and have started dooming many careers.
Agreement that has to be signed before one gets in this State PSU
1. Training Period is 1 yr. Then he has to pass written test- Interview and get absorbed. And then he has to spend another 1 yr as probationer after absorption. [i.e. 1yr training + 1 yr probation.]
2. NOC will not be issued during the training period and probation period.
3. One has to stay minimum 3 yrs after absorption. i.e. the bond period comes out to be 4 yrs. In total.
4. Service Bond on a 20/- Non-judicial stamp paper: Rs. 1 Lakh
5. Agreement on a 20/- Non-judicial stamp paper: If anyone leaves the PSU in the first yr, i.e. in training period he has to pay Rs. 1 Lakh + All the salary drawn. If anyone leaves thereafter, but within the bonded period he has to pay 1 lakh + 3 months notice period. [ Notice period is Basic pay + DA]
6. If the company terminates one then also he has to pay Rs. 1 lakh. [This clause is generally not followed in actual.]
The incumbents are forced to sign such bonds during their entry. Undoubtedly such bonds are one sided. This defies the basic principles of the Contract Act, principles of natural justice and principles of equal opportunity. The parties here don’t have the same bargaining power. The joinee never knows much about the service rules of the organization.
In my case, taking care of my family needs, I joined this state PSU. But once I joined I found that it’s not my cup of tea. The future of this PSU is at stake, it’s full of corruption and the career growth is not so good. In the meantime I cracked other central PSUs which are far better. But I was not given NOC and not allowed to leave. Now if I wait for completion of the contract period my age for applying in other Govt. organizations will be over. I am stuck. I can’t understand when they are saying at one place, that if I leave I have to pay the bonded amount. Again in other place they are saying that I will not get NOC [which means that they will not allow me to leave]. How can both these two clauses apply side by side? This is nothing but chocking the throats of the budding generation.
When I ask about the foulness of these agreements to the higher authorities they just smile off. Some of them who are well experienced in Service laws and who are quite liberal say that these are bogus agreements and are challengeable in the court of law. People who frame such rules never take care of laws. They very well know that no individual will go to the court for this. Now if any goes then also nothing will happen to those who framed such agreements. Because the PSU has their own lawyers. If the org. happens to lose the case in the court of law nothing will happen to them. The loss will be for the org and they will never be blamed. So they get a free hand to frame any bogus rules to suffocate the careers of the budding employees. Please advice what I can do to these people who, at their sweet will, do anything they like.
Avinash Pandey
26 January 2011 at 13:20
Dear Sir,
I had resigned from the company three month before but my company not signed on my PF withdrawal form. How can I withdraw my PF. Please snuggest me.
Regards
Avinash Pandey
ash
25 January 2011 at 20:29
can any one please upload the new laws of SUPREME COURT about CONTRACT LABOUR 0103 , 06010 PAY SCALES , 0612 EQUAL PAY FOR EQUAL WORK, 0620 PROBATION AND CONFIRMATION , 0621 TEMPORARY APPOINTMENT UPDATED ON 8-07-2010
shammii kapoor
25 January 2011 at 18:00
I have been working in a big private ltd co since last
july 2006 as G.M. mktg
I was not getting my salary on 7th as per due date since last few months.
My mother was admitted in ICU on 21 nov 2010. I sent sms to
HR and MD for releasing my salary on 22nov positively for oct month. My MD SENT ME REPLY TO RESIGN & GO. He also mentioned that co had no funds to pay (which he was lying- since they had paid to almost everyone by than)
On his rude behaviour I felt so bad & resigned on same day, which was accepted on 22nd Nov by them.
Till TODAY I HAVE NOT GOT MY OCT & NOV MONTHS SALARY and Incentives & other dues inspite of my several visits & reminders by mails & sms.
They are not clearing my dues which is a huge amount.
Everytime when I visit them ,they say that company has no funds to pay.hence they cant pay me now, but later on they may pay me if funds arrives.
PLS ADVICE THAT AFTER WORKING FOR 4 YEARS & 4 MONTHS IN THIS CO HOW CAN I GET MY DUES & F& F CHEQUE FROM THEM.
IT HAS BEEN 2 MONTHS SINCE I HAD RESIGENED FROM THAT JOB.
pls advise.
Thanks,
S.KAPOOR
kapoor.shammii@gmail.com
shammi_kapoor_2001@yahoo.com
kapoor.shammii@gmail.com
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Fixation of Pay - Short Commissioned Officer
I would like to know Fixation of Pay for Short Commissioned Officer
I Bindu M.G., Ex-Lieut, short service commissioned officer, had raised my application of “Fixation of pay” after successful completion of 2 year probation period in central government organization.
Being a short service commissioned officer and serving the country for 5 years, till date(more than 6 years I am working with central governemtn organisation) I am not in receipt of “Fixation of Pay” privilege.
I would like know to should I need to PAY BACK the Gratutity Amount received from Military service for fixation of pay ?
How this Fixation of Pay is calculated ?
Where should I apporach for fixation of pay as my current employer is not ready to process this ?
As I am earning contributing pension, I am not interested in counting my service for pension purpose. I just need to fixation of pay then also I need to pay back grautity amount ?