Eswar Kumar potti
25 January 2011 at 16:21
Dear Sahshi Sir and Ajay Sir,
with reference to your reply, i do agree that the query to be in short but situation as such made me to post such a bulky query for making experts to render their valuable advise.
Sir,
As you advised me for short query, i am posting the following :
central Govt department has been providing free school transport for children as per the instructions issued GOI and there is no provision for bus care takers which is essential for controlling the discipline among the school children as they are tender minds. accordingly, the authority has assigned responsibility to welfare department to hire care takers and they were paid out of contribution made by parents not from consolidated fund of india and they are working for 5 hrs and their job does not involve any industrial manual labour.
They have approached ALC office for grant of temporary status and paying of minimum wages, presently the case is pending befroe CGIT. further , once again they have approached with same claim and facts for paying minimum wages.
we have taken our stand that they are working for 5 hrs , hence they are not entitled for minimum wages and also they were paid out of contribution made by parents and not receiving any fund to subsidies the deficiency.
my question follows
once the subject matter is sub -judice, the ALC has any power to admit the complaint and conducting proceeding in which has already been referred by ALC to Ministry of labour.
once they are paid out contribution made by parents, are they entitled from paying minimum wages.
If ALC is taking side of the complainats and invoking excessive jurisdiction, what steps to be taken to tackle the isue.
they are not readsy to give anythig in writing for inespaction premises.
What procedure to be followed if ALC prepare the claim under the provisions Minimum wages Act.
Any suggestion be forwarded to me tacke/counter their excessive jurisdiction.
pl cite any Judgment in this regard
Regards
Anonymous
25 January 2011 at 02:02
sir,
if someone is an employee of once private office/shop, then the owner of the same is legaly liable to pay his salary ? if yes, then pls refer the law ?
Anonymous
24 January 2011 at 19:13
sir,
my brother is selected to BHEL job ,he done his ITI course form government collage , in the year of 2001 , now problem is BHEL asking NAC from the candidiate which should issue from dlehi ,now my brother go to honnavar goverment collage to ask this NAC certificate , collage principal is saying collage got permission in 2001, but registation done in the year of 2003 ,hence NAC cannot issue for candidate who finished ITI in the year of 2001 , now,if BHEL reject my brother candidature ? can BHEL reject my brother candidature ?
Eswar Kumar potti
24 January 2011 at 18:34
Respected experts,
We the central Govt orgnisation has been facing a problem from the Assistant labour commissioner and Enforcement officer in a complaint which has already ended before their office and referred to Ministry of labour and employment. Thereafter the dispute referredto industrial tribunal for adjudication the dispute between the management and workmen regarding the grant of temporary status and paying of Minimum wages by the Govt department. presently , the case is pending before CGIT, Ahmedabad and in the subject case the Hon'ble tribunal has granted interim relief that their services shall not be teminated till the final order.
Brief History of the case:
- The department provides free school transport for the school going children of the Department personnel as per the instructions issued by the GOI. Whereas in the ibid instruction, there was no clarification on the point of availing the services of the bus care takers who will assist school children while travelling in the bus.
- Accordingly, the responsibility has given to the Welfare department , to hire the bus care takers on temporary basis with a honorium of rs 3000/- with a annual increment Rs 150/-.
_ the source of payment is made to the bus care takers from the contribution collected from the parents of the school children and also not making any profit and other sundary expenses are also met with same contribution in terms of providing uniform , shoes on yearly basis.
procedure followed employing the bus care takers:
- A committee was ordered(2001) to hire the services on purely ad-hoc basis, for listing the charter of duties and honorium and etc. Whereas the committee has duly recommended that their services to be engaged only for 10 months and not beyond that. however , they were allowed and hired continuously as they were not paid from the consolidated fund of India.
Dispute/ Main issue:
the bus care takes have approached to Assistant Labour commissioner office with a complaint that they were not paid the Minimum wages and grant of temporary status, thereafter conciliation proceedings were taken before the ALC( central) office.
During the proceedings , the version of our department(Govt) as follows:
That they are only doing 04 1/2 hrs duty i.e. morning 0700 hrs to 0900 hrs and again in the afternoon from 1300 hrs to till dropping and they are not working continuosly for eight hours.
- thier honorium will be depend upon the contribution collected from the parents and also they were not paid from the consolidated fund of India.
- their work is nnot like as industrial labour i.e industrial manual labour continuously for 08 hours with breaks
- their are not entitled for minimum wages as their payment depends upon the contribution and not employed and working for the depatment directly. and the facility is purely on welfare based.
After recording version of the both parties, the ALC(C) has ended the proceedings as conciliation has failured between the parties,thereafter reffred to Ministry , then to CGIT for adjudication.
version of complainants before CGIt in their SOC as follows in prayer:
- for grant of temporary status
- for paying minimum wages or in option to pay equal pay for equal work
- for other consequential benefits.
Recent development:
After being the case pending before Hon'ble CGIT, the complainants once again approached the ALC(C) for paying minimum wages with same facts and evidences which they have already brought before ALC and referred the same to ministry , then CGIT on same issue. ALC has admitted the complaint and proceeding are going on with reply and counter thereon till date.
- the complainants has brought the same evidences as already persued by the ALC in the year 05 and no new evidence has been brought before and the contention of dapartment is same as in the previous one.
Clarification and guidelines needed for the department to tackle the issue to counter the ALC on following:
- once the subject matter is sub-judice, the ALC has any power to admit the complaint which had already end ed in failure o the same issue and facts and claims.
- once they are paid from the contribution of parents and working for 05 hours and their work not involving industrial manual labour, are they entitled to pay minimum wages and also the on the same issue the case is pending before tribunal.
- once they were not promised at the time of engagement that minimum wages will be paid or employees of govt department.
-whether the defence taken by govt deparment is correct or not
- at this stage the Labour enforcement office can invoke his jurisdiction on departmnet.
- whether the services of bus care takes comes under definition of any scheduled employment under the ID.
act, 1947.
- what will be the course of action by ALC at this stage.
- Whether the proceeding which are now going before the LEO is correct or not.
- ALC is insisting to meet Boss of the Govt department and also not giving in writing to meet the boss for the which purpose.
- What else he can do by using his powers apart from making Claim under the Minimum wages Act fro paying under wages
-What will be consequences to face by department, once refused to pay the minimum wages and also denied the claim
-What will be the procedure to counter their excessive jurisdiction by the department.
- to whom the department must consult/ approached on the issue.
Is there any remedy available under the any Indian Labour Laws to tackle the issue
- whether minimum wages to paid once they are being paid out of contribution of parents.
thanks in advance
your reply on the subject issue highly solicited.
Anonymous
24 January 2011 at 13:36
I have given 90 days notice to my employer as per service rules for voluntary retirement, but i have not received any information as 85 days has passed, if I not received any information after 90 days then,
1. What will be the status of my service?
2. Can I withdraw my notice in that condition? or I will be retired .
karthikeyan
23 January 2011 at 20:54
Hello Everybody,
My name is karthik, I am working in an MNC. 10 months back I was sent to USA on training purposes. But instead of training, I had to work for 3 months in USA.
After my arrival we did get some jobs from USA and I have even executed them.
I feel entirely cheated by my company.
Please advice me whether such agreements are applicable as per indian laws or not.
Also advice me what to do FUrther.
Anonymous
23 January 2011 at 05:43
during the fag end of my service three pay attachment orders were issued by the court.all the orders were issued ex-parte.the orders were challenged in the same courts and stay orders were obtained.the cases are now pending for hearing.
Meanwhile I retired from service w.e.f 31st October 2008.The pension sanctioning authority kept an amount of Rs three lac ten thousand withheld out of my retirement gratuity withheld. the amount involved in the cases is much less than the amount withheld.Is it legal?
kishorejha
22 January 2011 at 23:34
Dear Sir
Previously I was serving as ECRC-II(Enquiry cum Reservation Clerk-II,4500-7000) in Southern railway.I joined Indian railways on 03.10.2006.In the Year 2008 i was declared successful for the post of Auditor(4500-7000) by SSC Combined graduate level Exam 2005 conducted by SSC, for which i have intimated the previous employer and consequent upon selection to appear in interview for the post notified in the above mentioned exam, i had taken NOC too. On 21.10.2008 i got releiving order after rendering technical resignation.Last basic drawn in railway was 9270+2800=12070. Further after joining As auditor on 22.10.2008 in PCDA(R&D),my initial basic was fixed as 8560+2800=11360. Till date i have got 2 increment again in Defence and my basic right now is 9260+2800=12060.
Now my query is that in my case whether Pay protection is permissible or not, if permissible then what i have to do to get this benefit, and which type of benefit i will get in future on account of this. Please clear my doubt and oblige.
Thanking you.
Kishore Kumar Jha
Auditor
PCDA(R&D)
New Delhi
22.01.2011
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Counting of past Military Service
Dear Sir,
I serve the Indian Air Force for 10 years and 4 months as a combatant member below officer rank and got discharge from the services at my own request. I received the Service and Death cum Retirement Gratuity. Can my services in the Air Force be counted for pensionary perpose in my present job in a RBI. As per RBI rules it can be counted but my application has been rejected because on my Discharge Certificate it is written that 'INDIVIDUAL NOT FALLING UNDER EX-SERVICEMEN CATEGORY" .
kindly advise me sir.
(Amit)