Anonymous
26 November 2010 at 19:13
Brief facts of the case :
A labour case in Delhi (of illegal termination and reinstatement of service with full back wages and continuity of service and consequential benefits) has proceeded upto worker evidence stage in 18 months and the workman has given sufficient evidences to prove his illegal termination and his nature of duties (mainly clerical) to prove that he is workman u/s 2(s) performing clerical work.
The management after receiving the copy of affidavit with evidences from worker side has suddenly changed his lawyer and the new lawyer have taken adjournments on two occasions on ground that he requires time for cross examination as he has to prepare and study the case.During the third occasion of cross examination of worker he filed a fresh application for amendment in his ws filed 1 year ago in sep'2009 and prayed for the following proposed amendments
1. jurisdiction - the case should be in NOida and not in Delhi
2. repeated the issue framed earlier - Workman was performing managerial function and hence not fall u/s 2(s) of ID Act
3.giving new offer of employment to workman vide their letter dated 15/11/2010 ( but on earlier terms and condition) by saying that company has vacancy in their other factory now(note that this factory is in a village almost 1200 kms away from his earlier posting since they have now closed the factory of noida in aug'2010 despite the fact that they have branch offices in delhi, noida and ghaziabad and even a new factory at roorkee.
4 since they are offering him new employment and if he accepts, it is presumed without admitting that now this case ceases to exist.
5 since the company has now no operations at noida and they are offering him employment he cannot be given relief of reinstatement or any other benefit.
My queries for dear experts are as follows :
1. Can such type of amendments in ws at a stage when trial has commenced (i.e. after seeing the evidences of worker) ,acceptable in law.
Please give some Apex court decisions references
2) Is it not a game plan/malafide of the management to delay the case by offering him employment in a remote area and side by side showing the court that they offered him the employment but he rejected.
3) Whether workman can ask for employment in nearby places as mentioned above.
4) If workman accept their offer than what about the claims of the period for which he remain unemployed and for which he is fighting the case for last 2 years
5) What reply should be given in court by the workman who want to join but in a nearby office and also his claims of 2 unemployed years due to illegal termination settled first.
I hope that this query will be replied by maximum number of expert as I feel it to be a complicated case for the suffering workman.
Rgds
skg
Anonymous
26 November 2010 at 19:09
If in the judgment of court particularly State Tribunal, Central Administrative Tribunal and high court writ jurisdiction(226) if in the judgment time for compliance of the judgment is not mentioned that (a)what is the period within which compliance should be done ? Any judical precedent (b) after what period contempt should be filed in the above mentioned courts if judgment does not specify the period within which the judgment should be complied?
Anonymous
26 November 2010 at 18:49
The judgment of Central Administrative Tribunal was challenged in High Court under Article 226 of the Constitution of India.High Court Affirmed the decision of Central Administrative Tribunal and dismissed the writ petition. Question is
(a) Whether the decision of Central Administrative Tribunal merged in high court? if yes why when high court jurisdiction is neither appellate nor revisionary but discretionary?
(b) After dismissing of writ petition whether contempt petition is maintainable in Central Administrative Tribunal? if Yes please give judicial precedent?
(c) If contempt petition is not maintainable in CAT than whether it is maintainable in high court ? Any judicial precedent?
Anonymous
26 November 2010 at 10:05
eligibility for leave encashment as per Bombay Shops & Establishment Act.
Puneet Singh Pundir
25 November 2010 at 10:34
Hi Sir,
I had been working with a pvt ltd company for the past 33 months whose office is registered in India and the line of business is abroad. I will like to share that on this 23rd November'10 my services were terminated pursuant to clause 11 of the company which I think is totally unlawful as I had informed the company of my medical illness and have even faxed the rest advised by a govt medical practitioner.
Kindly, suggest what options I have now as I think this decision is totally unlawful.
Regards,
Puneet.
A.R.KUPPUSAMI
24 November 2010 at 23:33
Wages defined in EPF Act is that Basic +Dearness Allowance and any cash or in kind that is food grains on concessional rates meant for wages
Anonymous
24 November 2010 at 21:31
Respected sir,
Iam llm student, my name is N.V.Prabhakar sastry, my dissertation topic is workers participent management.
please give me advise how to complete my topic
Thanking you sir
yor's faithfully
N.V.P.sastry
Tirthankar Pal
24 November 2010 at 17:42
Can a failure in an departmental examination of an organization be treated as a misconduct?
Can the employer terminate the employee on the basis of results in examination alone without regards to the excellent documented annual performance?
Anonymous
24 November 2010 at 17:07
Dear Sirs,
This is in reference to my PF settlement of my previous employer. I was there from jan2009 to aug 2010.
company cut my PF every month and given me detials in salary slip.
Now i have applied for EPF claim. Company is telling me that PF amount only a small amont which is less than my total contribution into PF account.
Please advise me what to do.
Thanking-you.
Mrinal Dutta
Mob:9221418533/ 9702666650
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