M/s. Y-not legal services
08 December 2010 at 12:15
under employees scheme 1995, and family pension scheme 1971 an ex service man can get double pension???
actually an ex service after his service joined with one another govt sector.. then he retired from that service also.. but they not ready to give pension.. they are pointing me as already am getting pension as ex service man..
whats my right under employees scheme 1995, and family pension scheme 1971? please give me the provision, if you can with citation..
thanking you..
..tom..
Anonymous
07 December 2010 at 18:22
We are a MNC, having plant in West Bengal. We have employed nearly 300 Contract Labours in production, for flexibility, who are working with 500 permanent workmen side by side. We are regularly filing the Annual returns and maintaining all records and ensuring that our contractor's are regularly maintaining all records and submitting PF, ESI on time. But these Contract Labours are working for last 8-9 years continuously. Only at the time of recession they have been asked to stop working. We are issuing purchase order/ work order to the Contractors regularly and on the basis of that he is carrying the job. But we are not sending job completion report to labour dept. At the time of Contractor's licence renewal we are certfying him in form V. The wage and all other benefits are given by the contractor's, which is reimburshed by us.
Do we have any risk of regularization of these Contract labour?
What is the procedure to employ contract labour for a longer period with zero risk?
Anonymous
07 December 2010 at 16:33
Sir, I worked with Pvt. Ltd. from July 2008 to May 2010, I just want to confirm that shall I eligible for Diwali bonus as per Bonus Act.
srinivasarao
07 December 2010 at 09:59
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
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
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dismissal from service on mere allegations of bigamy
the facts r that a person was serving as a central govt employee since 1975,
1974 he was married to a whom by customs divorced in 1980
1982 he maried to b she was divorcee by custom
1985 b made various allegations 498a, bigamy etc ,but the person was acqited by court,
mainteance was allowed to b,
the persons salary office directly pd the maintence since 1985 till to day
1990 person married c and is stating witn her.
the dispilinary commitee dismissed him for bigamy just 1 day before hie retirement.
THE FACT REMAINS CCS RULES NO WHERE STATES DISMISSAL FOR BIGAMY.
his appeal was dismissed.
willl get his retirement and through which form---revision or appeal to CAT or approach the high court .PLEASE GUIDE