MS Moorthy
14 October 2010 at 20:32
Dear expert,
For admissibility of Gratuity the service peirod of 4 years + 240 days is disputed. While Madras High court in WPN 2135 of 1987 ruled admissibility for 4 years + 10 months of sdeervice, whereas In P. Raghavalu and Sons Vs Additional Labour Court, Andhra Pradesh, it was decided that employee who has worked for 4 years 11 months and 10 days was not eligible for gratuity. The Gratuity Act stipulates that in order to be eligible for gratuity one should have completed 5 years of service counted from the date of joining. 240 days is taken for determining his continuous service for gratuity calculation purpose and not for eligibility purpose. Please clarify correctness with upto date court ruling if any.
Also if any employee was working with a company on temping / deputaion basis from a consultancy company and later on employed on direct rolls of a company will such employee be eligible for gratuity for total combined servie or for the service rendered while the rolls of fthe company after direct employment.
Thanks in advance for detailed reasoned reply
Moorthy
Moorthy
Anonymous
14 October 2010 at 16:34
May I request the Hall of Fame Experts to kindly enlighten with case Laws as to what are the grounds on which the Courts can Judicially review and quash a penalty of Compulsory retirement from service with disqualification for future employment in any capacity under the Government under the provisions of the CCS (CCA) Rules 1965 ?
Who would be an appointing authority in an autonomous body fully funded by the Governemnt of India which has adopted the CCS (CCA)Rules 1965 mutatis mutandis but has a Chairman of the body who is nominated by the Government of India in Honorary capacity - which as per the DOP&T and conduct rules debars the chairman from the exercise of executive, administrative or judicial powers as the holder of a civil post or exercise of authority in the name, or on behalf, of Government.
Sree
14 October 2010 at 13:43
Sir i am working in a cooperative bank which is government of india enterprise.now i want to apply for a psu job.in advertisement they r asking noc for people working in psu(includeing banks).now my question is am i need to submit noc(my bank is not psu) n what is the difference b/w psu n government of india enterprise
nikki
14 October 2010 at 12:11
Regarding Employment bond
Hi all,
This is nikki,two weeks back i joined in a job in software company by signing 3 yrs of bond.in that it specified that i should work for 3 yrs there.if i beach the bond i should pay 1.5 lac amount else they would file case on me in court.now i got good job in MNC.i wanna join ther. if i quit this job ll they file case on me in court.i am just fearing about that.can anyone tel me the solution.wheather employement bond is legal.will it work on court..pls guyz do help me.i signed in 20rupees bond sheet..
Thanks
Nikki sam
Anonymous
13 October 2010 at 15:30
Dear sir,
i joined POWERGRID as an Assistant Engineer (grade E1)on 28 april 2006 for a fixed tenaure of 5 years. My contract terms and conditions are:
1.You shall be paid monthly consolidated remuneration of Rs 16000 in the first year of your tenuare.
2.On completion of first year,your pay will be equivalent to the scale of pay of E1 grade (Rs 10750-16750) with initial basic pay at Rs. 10750 per month.In addition to basic pay,you will be entitled to allowances and benefits equivalent to the level of E1 grade as per company's rules in force from time to time.
Now as per the pay commission for PSU, employees working from on or before 1 january 2007 shall be eligible for fitment benifit.
powergrid has revised my scale from 10750-16750 to 20600-46500 and fixed me in the scale without giving fitment benifit.
Now my query is:
Will i get the fitment benifit as i am working from 28 april 2006 and my employer was deducting 12% of 16000 (consolidated amount per month for first year)as PF contribution for the first year i.e from 28 april 2006 to 27 april 2007 and 12% of the basic+D.A. from second year onwards.
Rakesh Kumar
jayanttelang
13 October 2010 at 14:19
Dear kirti sir,yes i was suspended on the same date 5th Feb 2008, and my previous salary was Rs 8500/-pm,but after suspenssion i was getting 50% of this salary?inquiry was finished on 16th Sept 2009,and dicision was given on 23rd Aug 2010,till this date i was getting 50% of the salary,am i entitled to get full/75% of the salary for the period of 16th Sept 2009 to 23rd Aug 2010?please reply me.
Anonymous
13 October 2010 at 13:05
What is the court fees required for filing a case under workmen's compensation act for a claim of Rs. 10 lakhs and the limitation period for filing the same?
chandra mohan
13 October 2010 at 12:01
Can Counsel wighdraw the Adjudication case pending before labour court. with ourt signatrue of workman. if any case law please give me
Rama mohan Acharya
13 October 2010 at 07:54
A matter was referred by the appropriate govt for adjudication to Industrial Tribunal, after conciliation failed. After about 2 years, few workmen who were afftected party, submitted to the tribunal that they are nor happy withy the PAIRAVI by the Union, hence they may be allowed to represented separately. The Tribunal allowe3d their appkication. Thereafter they raised an Industrial Disputer by filed another application before the Conciliation Officer. The Conciliation officer issued notice to all parties.
Can a party of a dispute which has already prending at the stage of adjudication raise a fresh dispute on the same subject?
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sub.allowance
Dear Rajkumar Makkad,regarding my DI matter,after expiry of six months,i had demanded many times for 75% of the salary but management overlooked every times,i have faced entired domestic inquiry under legal guidence, now what to do?