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Mshivaramprasad   11 December 2010 at 17:25

Contract Labour (Regulation & Abolition) Act, 1970

Dear Sir,
What happens if any establishment, whether in Public Sector or Private Sector, engages contract labour in a job though the specific job in a specified establishment is prohibited under provisions of Section 10 of the Contract Labour (Regulation & Abolition) Act, 1970? What will the expected result of the prosecution conducted on the issue in case it is proved to be true?
Can you provide a recent complete case details along with the final outcome of prosecution.

This questions are asked out of curiosity to know the law.

Thank you




raghavendra   11 December 2010 at 12:31

rgistration

sir ,
one of my friend want to establish one software company in bangalore , can anybody please give me the registration proceedures and under which act he should take registraion , eg , shop and commercial adtablishment act a, and comapnies act , or any other act
is the any ohter licence or registration required for software comapny
please infrom ,this is little urgent

raghavendra   11 December 2010 at 12:01

withdraw of case

sir,
is there any provision in industrial disputes act for withdrawal of referance sent by government to labour court for adjudication ,

ambika.S   10 December 2010 at 21:24

appointment & retrencment from service

Five persons were appointed by the Man power consultancy to serve in a Corporation/public undertaking concern. Later on after the Managing director retired from his service voluntarily regularised the services of the above said five person for the post of Catergory C & D as appointment for the back log vacancies for SC & ST person. The said members are his own family members who were on a contract service. By applying Umadevi's case the Govt has directed to cancel the appointment on various grounds a. that action of Managing Director is not according to KCS rules 2002, b. the appointment date is after the term of services as contractual employees, c. no interview was conducted nor their was appointment against the qualification specified by rules,d. Board members had not assented for the regularisation of appointment.
The said five person has challenged the action of the Corporation in Writ petition. An interim Stay is granted after 4 months of cancellation.
In the mean time the SC & ST commissioner has issued an Order directing now Managing Director to pay the salaries equal to the regular employees.
I want to know that action of the Commissioner is legal? If not what is the remedy?

Parthasarathi Loganathan   10 December 2010 at 19:47

Supreme Court Cases on Industrial Disputes

Can expert refer to five latest Supreme Court Cases related to Industrial Disputes? It would be great if you could upload the citations under Files Section of the sub-link for the benefit of many. Thanks in Advance.

Anonymous   10 December 2010 at 17:37

Service Agreement

A service agreement is co-extensive and co-terminal with a Leave & License Agreement. L&L Agreement specifically provide for vacation period as 30 days notice. Is it required to mention in the service agreement also? or it can be implied from the terms & conditions of the L7L Agreement as it is mentioned as co-extensive and co-terminal with L&L Agreement? Please advise..
regards,

Adv. MUKESH CHAUHAN   10 December 2010 at 12:20

Full and Final Settlement not done by Empoyer since one year

I worked in a share broking company India Infoline Ltd. from Feb - 2006 to Nov - 2009 as branch manager at Jalandhar city Punjab. I was asked to resign from the job as I refused to obey the transfer order of comapany. I resigned from the job on 27/11/2009. And till date company has not done my Full and Final Settlement i.e. my salary of Nov. 2009 along with incentives. Kindly advice me can I take any legal action against the company. What are the remedies avaibale for me. or I should forget about it.

Arvind Singh Chauhan   10 December 2010 at 08:37

WHAT TO DO NOW

Sir Please help to me it is my personal problem. Here my sister is the claimant. Please refer to the link-

http://www.lawyersclubindia.com/experts/Provident-Fund-110726.asp

I advised my sister to ask following information under RTI


1. Please let me know present status of my withdrawal application dated 12.03.2010, photocopy of which is enclosed herewith.

2. Please supply me ledger extract of my PF a/c from inception to date of your reply, duly certified by you or the competent authority.

3. I be informed details of action so far taken by your office against the employer as I have been told by your office that employer has not fulfilled some required formalities and the result of such action. If no action is taken, I should be informed.

4. If no action has been taken, Names, designation and place of present posting of responsible persons/ officers, be provided to me.

5. Please inform me period prescribed by your office for full settlement of P.F. dues of the employee and action prescribed for not settling claim in prescribed time limit.

6. I be intimated details of First Appellate Authority under RTI Act 2005 with detailed postal and email address etc.

In answer she got following document attached here, please seniors suggest what should she do. Amount only around 20000/- but these days she is needy due to house loan.

Anonymous   09 December 2010 at 18:25

bankingregulatinact

sir


i want some clarification regarding banking officers service regulations and banking regulation act. is there any expert in this field. kindly give me the name i want to clarify some doubts with him.

thanks and regards

MAMTA BATRA   09 December 2010 at 13:14

GRATUITY

The Company was incorporated on 29th Apr, 2003, with the two persons as directors of the ocmpany, the company had started its operation from that day only, One of the director of the company has drawn salary from June onwards, what would be his date of appointment i,e the date on whcih he became director or 1st drawl of remuneration.

Pls advice..
Thx