Anonymous
06 December 2010 at 12:47
Sir,
I would like seek an legal opinion abt the termination of employee with immediate effect due to his misbehaviour,absenteesim with out prior information,late comings,mishandles company's asset,despite verbal warnings,and enough time to improve but no change at all.Employee has completed 7 years of empolyment in the company and working as driver.Company has also helped in terms of advance loan of rs.1.15 Lacs which deductng @Rs.3000/pm.
We want to terminate his employment immediately as he is jeoapardizing.
Ours is an Private ltd.company He is only paid consolidate salary no pf,esi & others as we have small working force of 5-6 persons.
Kindly advise.
Thanks
Alpana Srivastava
05 December 2010 at 10:25
The hone'ble Allahabad High Court has given a judgment on 7 May 2010 to quash the UP State Government order to relieve an employee who opt the VRS in 2001 and intimated the employee for sanction of VRS in Nov 2009. The Hone'ble high court order that employees continue his services.
The employee submitted the application along with certified true copy of judgment to the his department for his joining on 22-September-2010. The department has applied for getting the certified true copy of judgment on 27-September-2010.
Now on 4-December-2010, the department has decided to go to the hon'ble Supreme Court of India against the Judgment of Allahabad High Court.
The employee is still waiting for his joining as well as suffering the financial losses and unable to pay the fee of his children and facing difficulties to manage his home.
Now question is that-
Will Supreme court allows the govt department's appeal against the High Court judgment on the basis of condonation of Limitation or will it be dismissed under limitation act?
Anonymous
04 December 2010 at 15:01
Dear Sir,
One of my friend is working as a primary teacher in uttarakhand state for last 15 years. Two months back her husband expired who was working in a public sector (central govt. ) company since last 22 years.
Can she apply for pension scheme under EPF act, as it was applicable to her husband.
If Yes can she also apply after retirement for pension from her education department (Uttarakhand State)
Request you to please tell me what is better for her.
Regards
Ashish
Anonymous
04 December 2010 at 11:11
whether ESIC registration is compulsory for every contrcator in every state.
When ESIC registartion is required for a company/ firm and is it linked with the no. of persons to be engaged for a particular contract.
raghavendra
03 December 2010 at 19:23
sir,
This is santosh a lawyer having above two years experience in practice in bangalore ,can anybody help me to get one labour law ande cirporate law firm to practice.if any expert now please help me , i will be grateful to you.
my email id is
shettysantosh17@gmail.com
thanking you
Anonymous
03 December 2010 at 17:00
D/Sirs,
Having not satisfied with earlier reply, again Q.
M. S was removed (compl retired )in June 2009 from service (Rlys)in adisciplinary case for unauthorised absence, he filed appeal with reminder then Revision. No action was taken by the Appelate &R4vising Authority, till CAT ordered to dispose of pending Appeal, which was regretted on a back date in July 2010.filed revision quickly in July2010, Regretted in August2010. Hence filed again OA.admitted in Sept 2010.CAT ignored Interim Stay of effected compl. retirement.
Due to these, no STAY got. Now ,Q is, can High Court grant Stay order already effected?
Anonymous
02 December 2010 at 23:16
Sir I have been dismissed from service by Govt of AP on charges of corruption under PCA act in 2007 and the high court of AP had acquitted me in 2010 .my query is
1) I am i eligible for reinstatement to service after acquittal?
2)if so yes what are the legal citations/high court judgements I should mention for my reinstatement while requesting my HOD/Govt of AP
thank you
yours Vallla
prateek pandit
02 December 2010 at 20:18
the basic proposition is....whether an employee who has been terminated from service on charge of misconduct and was given a fresh appointment by appellate authority by wiping out his entire service can again be punished in his fresh appointment on basis of a charge sheet which relates to his previous employment but which was not decided ?
Anonymous
02 December 2010 at 18:22
1. When a deputationist seeks premature repatriation on personal/family ground from Central Govt. to parent (state govt. cadre)can he/she be compelled to continue the deputation ?
2. Can his/her repatriation be kept in hold indefinitly without assigning any reason ?
3. Is premature repatriation is a right of a deputationist ?
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regarding pension eligibility
sir,
govt of AP issued notification for some asst prof posts in 2004.even before the last date of reciept of applications , govt recruited one asst prof and he is eligible for regular pension.
later govt of AP introduced contributoy pension scheme for people who joined from sept I st 2004.
rest of posts recruitment were delayed for one year and by the time we ( 7 of us and we were working in the same posts on contract basis for 2 years before selected for regular service) joined after around 1 year contributory pension scheme is being applicable to us.
we want to know
1.as on the date of issue of notification and by the time of recieving applications only regular pension is there. so legally can we fight in the court of law for regular pension.
2. although one person's post was notified and recruited earlier to us he is enjoying regular pension but we were all recruited later and deprived of regular pension. can we fight as all our posts were notified in the same notification.
please suggest us the validity in our case
drsrinikrao@yahoo.co.in