Anonymous
03 October 2010 at 15:16
MY CLIENT WAS AN EMPLOYEE OF A.P. GOVT. COMPANY. AS THE COMPANY IS UNDER SICK, AND NOT IN A POSITION TO PAY EVEN SALARIES, SENT THE CANDIDATE ON DEPUTATION ALONG WITH ANOTHER LADY TO ANOTHER A.P. GOVERNMENT COMPANY. DEPUTATIONISTS GOT LETTER FROM THE DEPUTATION COMPANY, THAT, YOU WILL BE GET ABSORBED IN CONSULTATION WITH GOVERNMENT OF A.P. THE LADY GOT ABSORBED, WHERE AS MY CLIENT DID NOT GET ABSORBED, AND SENT TO THE PARENT ORGANISATION WHICH WAS ALREADY CLOSED. SINCE THEN, MY CLIENT WAS ON THE ROADS, NO JOB, NO SALARY, NO RELIVING ORDERS TO GET A JOB EVEN IN PRIVATE SECTOR. APPROACHED ALL CONSERED AUTHROTIES OF A.P. GOVERNMENT, CHIEF MINISTER, GOVERNOR, CHIEF SECRETARY, AND CONCERED MINISTER OF INDUSTRIES. NO FAVOURABLE ANSWER. MY CLIENT IS SUFFERING FOR SERVIVAL FROM LAST 15 YRS. PL. INFORM ANY CASE LAW PROTECT THE CLIENT? AS HE IS STRUGGULING FOR SERVIVAL. PL. PROTECT THE CLIENT TO GET ABSORBED IMMIDIATELY AS HE IS HAVING ANOTHER 2 YRS OF SERVICE. YOU CAN CONTACT:9052659797
KRISHNA KUMAR SINGH
02 October 2010 at 22:42
This is a query regarding a lady who has served 28 years in a government job, and now is 5 years away from retirement.
3 years back, she was stopped salary when she filed a case in the Jharkhand High Court for her time based promotion.
The department of education started saying that her service was illegal and that no records ofher documents were available in the Office. They also got a letter from the Bihar State saying that the folio number which is mentioned in her appointment letter was not found in their records. The lady has her own copy of the appointment letter. She has a Service book, has served the department for 28 years now.
The department, after the Hon'ble Jharkhand High Court passed an order asking the Department of Education to pay her salary of the last 3 years which has been not paid to her, issued a termination letter to her. Her salary is still due & she has movedfor contempt.
My query is that after serving so long with a valid Appointment letter & Service Book, can she lose her job anyway?
Is there any SC Order supporting her case?
Anonymous
02 October 2010 at 16:22
Hi,
I am working as a lecturer in an Aided college in Mumbai.My Salary comes from Govt.Of Maharashtra. My college cut P.F. amount from my salary @10% on basic from April 1998.But they did not open G.P.f. account on time till 2004 for the reasons best known to them.They did not tell me about it except that my P.F. is with college and Govt.did not accept it.So they asked me to fill E.P.F. scheme 1995 form. and send my P.F. there by depositing the excess amount as per E.P.F. norm.(ie 12% on Basic+DA)from day one of my service without any actual deduction of excess amount (than 10%) from my salary.My queries are :
1)If the salary comes from Govt.of Maharashtra,Can the college cut P.F. from salary without depositing it in G.P.f.?
2)Can college claim salary from Govt. and cut and deposit P.f. in E.P.F. which is meant for private sector only?
3)How to deal with this problem legally?
Rupesh
02 October 2010 at 12:41
Dear Sirs/madam,
pl.clear my following queries:
1) Labour cess is the responsibility of Pricipal employer or the contractor executing civil works.
2) If the work is started in june & the pricipal employer issues form v and enrolment of of contractors name on their R.C in september, is there any penality on applying for Labour licence in september, & if so what is the amount & who has to pay
a) Principal employer
b) Contractor,
3) Difference beween lwelfare fund & Labour cess & whose reponsibility is it.
4) Is there any ratio beween contract value & labour expenses. If we are using mechenised system in executing the work the labour componant wil be on lower side.
5) If the civil work being executed in exising factory by demolition part of it & rebuilding whether ESI & PF are to be levid
6) If ESI & PF are applicable to contractor, is taking a Workman Compensation Policy (W C ) is also to be taken & is it optional.
mani
02 October 2010 at 11:15
Dear Expert
I am going to file the civil write petition in High Court for recruitment case Aganist PSU .The Judges asking for Judgements related in this case. How can I Find the judgements. Which book I Have to refer ? Is there any website to get the documents. kindly. give the suggesstion its very help ful to me
Thanking You
Yours faithfully
Suresh
Suresh_24nc@yahoo.com
Rajani Kant Rai
01 October 2010 at 19:54
I would seek your advice - One of the employee who was charge sheeted for false birth certificate & duly punished( dismissal) by the Disciplinary Authority . appellate authority before his two days of his retirement exonerate and reinstate the employee. I would like to know can a separate charge be issued for the same offense .
here I would like to mentioned that during the process of inquiry ,Govt. authorities issued a letter stating that school declared by the employee does not exist, hence certificate produced by the employee was not valid, my question is that since new fact has emerged which was not examined by inquiry officer nor by the DA,can he be charged for the offense emerged on new fact.since law of double jeopardy does not apply in departmental inquiries. is there any case law on this. please advice in detail in favour of justice.
Thanks,
Rajani Kant Rai
Anonymous
01 October 2010 at 18:12
Hi,
I am working as a lecturer in an Aided college in Mumbai.My Salary comes from Govt.Of Maharashtra. My college cut P.F. amount from my salary @10% on basic from April 1998.But they did not open G.P.f. account on time till 2004 for the reasons best known to them.They did not tell me about it except that my P.F. is with college and Govt.did not accept it.So they asked me to fill E.P.F. scheme 1995 form. and send my P.F. there by depositing the excess amount as per E.P.F. norm.(ie 12% on Basic+DA)from day one of my service without any actual deduction of excess amount (than 10%) from my salary.My queries are :
1)If the salary comes from Govt.of Maharashtra,Can the college cut P.F. from salary without depositing it in G.P.f.?
2)Can college claim salary from Govt. and cut and deposit P.f. in E.P.F. which is meant for private sector only?
3)How to deal with this problem legally?
Rupesh
01 October 2010 at 16:09
If a contractor started the Civil construction work without getting Form-V from employer. and after three months employer give Form-V to contractor of currrent date. Can contractor apply for labour license. Is any penlty impose.
Rupesh Arora
Advocate
Rajani Kant Rai
01 October 2010 at 14:38
I would seek your advice - One of the employee who was charge sheeted for false birth certificate & duly punished( dismissal) by the Disciplinary Authority . appellate authority before his two days of his retirement exonerate and reinstate the employee. I would like to know can a separate charge be issued for the same offense . is there any case law on this. please advice in detail in favour of justice.
Thanks,
Rajani Kant Rai
Thanks for reply , you may look the matter on new fact which was not considered by the previous inquiring officer.
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