Anonymous
26 September 2010 at 10:09
After retirement from the Navy, I joined in the service of a corporation as GM in 1989. I submitted resignation letter but the MD called me & asked me to continue as my unit made 30% more profit than previous yrs. So i continued without any break in service. i was confirmed in my post before completion of probation period. Next yr also, the unit made 30% more profit than previous yr.Then after 1 yr from the date of resignation, they informed me of acceptance of my resignation ltr and released me from service. I refused to comply with their order & they issued order of stand release from service.
2. I submitted Writ Petition to the High Court, rule was issued, made absolute and declared the impugned memo of my release to have been passed without any lawful authority and is of no legal effect.
3. I submitted joining letter but they submitted leave to appeal which was dismissed after hearing.
4. I submitted joining letter again but they didn't accept the same within reasonable time. Before crossing the age limit for superannuation, i filed Contempt Petition, rule was issued, heard by a Division bench of High Court, made the rule absolute in part as follows:-
a) Cotemner no. 1 was found guilty of contempt and warned, other contemners were found not guilty and acquitted.
b) As consequence of setting aside of impugned order, i am to be treated in service for the entire period of 18 years i was kept out of service by the authority.
c) Authority has been directed to pay my service benefits for 12 years within 3 months.
d) 6 yrs has been deducted from my service as the W. P. was dismissed for default and the same was restored after 6 yrs.
5. The issue of delay & latches was not agitated during hearing of restoration application & W. P. was restored unopposed from respondents though notice was served & they submitted power in time.
a) Can they raise this issue without affidavit at belated stage of hearing in Contempt proceedings?
b) If not, is the deduction of 6 yrs justified?
c) If not, what is the remedy? Should i file review or i can agitate the issue before Apex Court?
d) Can i say that they are barred by res judicata and waiver?
6} They contended that i was absent from duty and granted me extra ordinary leave without pay. H C Div. rejected their contention & declared me in service for the entire period. But still they are maintaining same argument & obtained stay for 6 wks from the chamber judge of the Appellate Division.
a) Can they get extension even after getting copy of the judgment?
b) What should be my courses of action?
7) Dear Sir.
I am a bereaved man and facing hardship with my family and a baby who is blind,dumb and lacking intelligence. PLEASE HELP US. THANKS REGARDS. MAHMUD HASAN
Anonymous
26 September 2010 at 07:52
Can the Inquiry Officer who is about 71 years old, a retired High Court Judge, continue to hold the Inquiry at his private Law Office albeit the Law Office of his son on the ground floor of his residence when the charged officer makes continuously the request that the Inquiry proceedings be kindly conducted in the office premises of the Charged officer in accordance with the Central Vigilance Commission and DOP&T instructions?
The Charged Officer does not participate in Inquiry at the residence cum private Law Office and the Inquiry Officer holds the Inquiry ex parte on the day of the sickness of the charged officer about which he is informed.
The Inquiry officer closes the Presenting Officer's evidence admitting predated Affidavits of the witnesses who are before him on the same day in half an hour.
Can the charged officer have any defense in the matter of Inquiry at residence and ex parte held on the day of his sickness? Any Case Laws please?
T.V.Ramana Rao
25 September 2010 at 22:44
APPPE Federation, in which one of my friend is a member, won a case under equakl pay for equal work @ the hon'ble A.P.High Court. The Hon'ble supreme court found no infirmity in the above order. but the aggrieved party want's to go for a review. Whether the review petition is allowed? If allowed, how much time it may take to give a decision?
Mugundhan
25 September 2010 at 18:43
Dear experts, if during the course of a domestic enquiry, the charge sheeted employee alleges bias on the part of the enquiry officer, Should the enquiry officer proceed forward or should he withdraw from the enquiry?
Anonymous
25 September 2010 at 17:33
Dear Nidhi Mam
I need advice and help
I am surfing net at that time I got lawyerclub india.com and I read your message
I want to know about the weekly off as per government rules. What is that rules.
We had appointed security consultant, now he had charge Relieving / Weekly Off Charges @ 1/6 its depends on the holiday per month.
Suppose No of duties is 150, Salary Per Month is 6500
Per Day salary is =216 X 150 = 32400
Relieving / Weekly Off Charges @ 1/6 =32400X 1/6 = 5400
After Agency Charges and service tax
I just want to know about weekly off as per government rules.
Please explain me as early as possible, and I am very thankful to you if you are giving me such a valuable time.
Regards
Suraj
Anonymous
25 September 2010 at 15:19
Dear Sir
My name is Suresh. I was attend the Central Government written exam. I was select the written exam in first candidate in Puducherry region. But the they were select the other states candidates, actually this offer send through employment exchange. How they can select other states candidates. If they are called through employment news paper , media, television they did OK for me. But They said this vacancy southern region ( Kerala, Puducherry, Tamil nadu, Karnataka). But they were not mention any condition in employment notice.
This the employment notice
EMPLOYMENT EXCHANGE, PUDUCHERRY.
PARTICULARS OF LIST FURNISHED TO VARIOUS EMPLOYERS
DURING 05.01.2009 TO 09.01.2009
Power Grid Corporation
POST
Assistant (Finance) -7
Rs.5400 -10350/-p.m
Category & No of candidates Seniority
SC= 1 = 20 candidates 01.04.96 to 28.08.03
OBC=2=40 candidates 24.12.93 to 31.08.01
UR=3 = 80 candidates 08.09.97 to 02.06.10
Qualifications
B.com ( First class ) with 1 year post qualification experience
Actually my question is how they select other states candidate?
2. As per employment exchange act 1959 is violet? Its true or not.
3. IF Yes please provided which section I have to file the case. Send some sample cases to my email ID
Regards
Suresh @ Mani
Suresh_24nc@yahoo.com
Anonymous
25 September 2010 at 11:07
Dear Sir,
I have been working since last three years in limited company. at the time of my job interview i have present all my education related documents and i have been selected based on that. later at the time of joining by mistake i have attached 9 months experiance certificate and it was not real but i have placed only to hide my gap period between interview and actual joing date. Now company has found out that experiance certificates is fake and given me chargesheet. in reply i have accepted my mistake and confessed it. but my job was on the basis of interview and at that time i didnt mentioned any experiance. i said it was my mistake and please forgive me to company. please suggest me what to do in this case. chargesheet was departmental inquiry. please help me
SANJIV BATRA
25 September 2010 at 09:19
WE HAVE OUR MANUFACTURING UNIT IN DELHI, WHICH IS REGISTERED UNDER ESI SCHEME, SINCE 1999 AND HAVE MORE THAN 20 EMPLOYEES. WE HAVE STARTED OUR CONSTRUCTION AT OUR NEW UNIT IN FARIDABAD. ARE WE LIABLE TO DEDCUT ESI ON CONSTRUCTION BILL AND DEPOSIT THE ESI CONTRIBUTION. ALTHOUGH OUR NEW UNIT IS NOT YET REGISTERED. PLEASE CLARIFY.
THANKS,
SANJIV BATRA
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ESI & Workmen Compensation Policy
A Contrcator has been engagaed in our factory with compulsory Workmen Compensation Policy by an Insurance Co.
Since 2010 ESI has also been made compulsory.
One of the Contractor says he need not take a WCP as he has taken ESI Cover.
Is it okay?