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Ziaur Rahman   01 October 2010 at 07:45

Recall of prosecution witness after closure of evidence and argument

Can the Inquiring Authority in a departmental proceeding recall a prosecution witness after closure of all the evidences i.e prosecution and defence both, and after submitting the defence arguments by the Charged Officer to him, to clarify some points from the prosecution witness? If so what is the legality of such recall and if not so what should be the reply/objection of the Charged officer who has also be called to remain present on he day when the Inquiring Authority is supposed to seek clarification from the PW. Does it not amount to filling up the lacunae in the prosecution story? What should be the objection of the Charged Officer.Kindly advice.

Anonymous   30 September 2010 at 10:27

payment of bonus (amendment)bill,2010

pl clarify Whether the payment of bonus(amendment)bill,2010 was came into force.

i seen the bill in october,2010 labour law reporter

anshul sangal   28 September 2010 at 20:15

Applicability of order 22 rule 2

Sir my question is whether the provision of C.P.C under order 22 rule 3 is applicable on Payment of wages Act?If yes then why?If not then what provision Is applicable related to death of plaintiff in a suit of payment of wages act?

ravi   28 September 2010 at 16:01

dimissal from service


Gist of the case

Myself and my colleague Ashok singh were employed with HPCL and we were Oil sector officers association's Treasurer and President respectively during May 2008 we were advised by our members that one adulteration marker launched by Ministry of Petroleum and oil companies has serious irregularities in procurement , specification and implementation. An advocate collected all information through RTI and we filed a complaint before Regional director CBI Mumbai .In retaliation HPCL instantly within 4 days suspended Ashok framing in some misappropriation charges against him and unleashed a reign of terror against me by issuing a chargesheet and show cause, they removed my assistance , stopped perquisites, deducted wages ,made me sit under stairs case and finally evicted me from company accommodation

We approached CVC 3 times in june, july& August 2008 instead giving us any protection they gave an order in Nov. 08 that " we can not be given any job related protection and shall be treated as plain complainant', a PIL basis our CBI complaint was filed in june 08 and Hon. Mumbai high court in their judgment in oct 2008 ordered CBI enquiry and by Vigilance of Ministry of Petroleum . CBI finally filed a PE in April 2009 against oil company officials, marker suppliers Authentix thier Indian agents SGS and then Secretary Petroleum and our complaint was vindicated.CNN-IBN in their Breaking news on 21st sept 2009 exposed the whole scam and confirmed that the marker supplier Authentix/SGS were a black listed company abroad and marker purchased @ Rs. 13000/per ltr without ascertaining the product specification etc.This marker was also carcinogenic( may cause cancer in human being).

HPCL suspended me on the charge of instigating officers , from their services in Jan 09 ,while oil sector officers went on strike (HPCL was the only company which was not on strike), and finally dismissed us in March 2009 by framing both of us in a case prior to our CBI complaint while we had protested against an irregular appointment of CEO by then chairman in a JV of HPCL namely HINCOL., our statuary appeal was rejected in oct 2009 by HPCL and confirmed removal from service, my appeals to President of India have been handed over to HPCL only against whom I am fighting this battle.I have now filed my case before Hon'ble mumbai High court and awaiting justice. CBI complaint has been established by CBI and they have confirmed it to Ministry in turn Ministry has issued advisory to Oil PSU chairmen.


This case is a glaring example that to what extent whistle blowers can be tortured , humiliated for raising voice against rampant corruption and taught a lesson by giving an exemplary punishment by mighty corporation and Ministry , I dont know when justice will be delivered and will it account for miseries , hardships ,suffered in last 27 months by us and our families .

Mugundhan   28 September 2010 at 14:24

Co worker's role

Dear Experts, what is the role of a co worker in a domestic enquiry? Whether he can be only an observer or can he actively take part in the enquiry, like cross examining the witness etc.,? Thank you.

G. ARAVINTHAN   28 September 2010 at 08:08

State and Subordinate Services Rules

X was appointed as office Assistant in the Judiciary department and the employment was sponsored by the Employment Exchange.

It was on temporary basis under State and Subordinate Services Rules.

Since X was absent for a day with out prior information, was terminated from service.

No department proceedings were conducted.

What is the remedy for X ?

Dear Learned Members and Experts.

Kindly post your suggestions with citations if found

mani   27 September 2010 at 19:03

recruitment rules -reg

dear sir

I need recruitment act for central govt & PSU . IF they breach the recruitment rules how we can files the case in high court

kindly do the needful

thanking you

regards

suresh

suresh_24nc@yahoo.com

Anonymous   27 September 2010 at 11:44

salaries & wages of officers

Dear Sir,

Please explain the provisions of law where in the management of an organisation is empowered to avoid the payment of arrear money, of revised salary for services rendered in past, to its employees (both workmen & officers).

If this is not possible as per law kindly enlighten us as how to get back the money?

Anonymous   27 September 2010 at 11:25

Non Payment of Dues By the company.

Sir,
My son has resigned from one I.T. company with mutual verbal consent as they were not paying the Salary+++ in time.
They have accepted the formal resignation & assuring him to pay the balance dues & other receivables in due course of time.
Almost one year has passed & he has been reminding the person concerned vide e.mail; on telephone & letter sent thru Regd. A.D. plus statement of a/c showing how much money he is supposed to receive as per company's policy mentioned in writing vide U.P.C.
They are neither denying nor paying. What should I do to get my hard earned money?
Regards.
Ramesh Raval.

Advocate. Arunagiri   26 September 2010 at 20:31

Revocation of Suspension and charge sheeted later.



My client of TN Govt caught in a Trap, taken to 2 days judicial custody. He was suspended. Few months latter on my representation to the authorities that there is no material evidence or even eye witnesses against him, his suspension was revoked. He worked for 9 months after the revocation. Now the Police filed the charge sheet before the court.
What will be his status? Whether he will be suspended once again just because of the charge sheet? Is there any case law for this situation?

Arunagiri
Advocate