aranganathan
13 September 2010 at 22:25
respected sir
please give me the supreme court citations or any other references for the following
if the foundational fact is not proved in a departmental inquiry. but the inquiry officer finding is on the preponderance and probability . is it right as per law or not ?
how to weigh the preponderance and probability in a departmental inquiry.
if the basic fact was not proved then the inquiry officer said in the departmental inquiry that it was proved on preponderance and probability . is it right as per law or not
aranganathan
aranganathan
13 September 2010 at 22:16
if the foundational fact is not proved in a departmental inquiry. but the inquiry officer finding is on the preponderance and probability . is it right as per law or not ?
aranganathan
vinod bansal
13 September 2010 at 20:38
R/Experts
Is it sufficient to constitute relation of employer and employee if a labourer worked only for one day with a man in his field for a consideration of Rs. 100/-
Shailesh
13 September 2010 at 09:30
Hello,
I recently joined MINDA STONE RIDGE LTD, i got my appointment letter yesterday. In appointment letter they had not mentioned the CTC and also the breakup. break up of salary was given in my offer letter, they are not ready to included CTC in appointment letter.they had told me that it is a HR policy and we cant change it. Please let me know the solution.
Mugundhan
12 September 2010 at 11:37
Dear Experts, a person who is working in Pondicherry Union territory service has been involved in a criminal case and was remanded to judicial custody and spent 20 days in Jail. Now she is on conditional bail and signing daily before the court. But she has not been suspended from govt service and she is continuing in her job. The defacto complainant brought the matter to the notice of the Head of the department through letter sent by registered post. But still no action taken. what is the position of law and what steps the complainant can take?Thank u.
Suresh C Mishra
11 September 2010 at 14:25
who will be the authority under the minimum wages Act ? whether the Assistant labour Commissioner who is not workmen compensation commissioner at present by the amendement in this act can continue as authority under the Minimumw Wages Act. and what will be the position when the authority is continuing as authority under the Payment of wages act ? a serious jurisdictional matter , Please reply this question along with referecne and advise whether the authority woking at present can continue or not and what will be the fate of orders passed by them ?
Anonymous
10 September 2010 at 21:50
Hi Friends,
I used to work with a MNC BPO company in Delhi since January 2007. In Feb 2007, the company sent me along with some other people to U.K. for 8 weeks for some on job training (as they call it) on our client's site to gain the process (business) knowledge so that I can perform the same work at our Delhi based office.
Before sending me to U.K. they made me sign a service bond for 2 years with a value of Rs. 2 Lacs.The service bond copy is attached with this query.The terms of the bond is that I will have to continue to serve the company for two years after I return from U.K. I had already completed 16 months of this bond period. The only bond period left was just 8 months. Further please note that the work which I used to do in Delhi is now being performed by some other employee who was trained by me for good two to three months. She was independently handling the job and the business was also running smoothly at the time when I got myself transferred to Kolkata. Hence my manager in Delhi also agreed to release me as I properly trained a new employee on my existing job. Later on I got myself transferred to our Kolkata office where I was waiting for my new assignment to begin.
In this meanwhile I got a very good opportunity in some other company offering me day shifts and I accepted to join them. Before joining I also told them regarding my bond issue but they accepted a copy of my resignation e-mail as a proof of resigning from my previous company.
Accordingly I resigned from my previous company after serving proper notice period and had requested my manager to waive the bond amount but the HR told me that they will not waive the amount which amounts to Rs. 1 Lac. Now they have sent me a letter through a Lawyer demanding Rs.90,448.00 which I am unable/unwilling to pay. What can happen if the company files a legal case against me? Please advise whether I am in a position where I can defend any legal case which the company can file against me?"
“Here it is to be noted that when I joined my previous company, I was having a work experience of 4 years for which I also have a work experience certificate. There was no such training given to me in U.K. We only used to sit beside our U.K. colleagues and used to see the work they do. Later on we started doing the same work from our Delhi office. Also given the fact I trained a new employee for complete three months in Delhi before taking a transfer to Kolkata signifies that the company did not suffer any losses which they are claiming now. In Kolkata, I was on bench and was waiting for my new assignment to begin and that is when I resigned after serving proper notice period”
So friends based on above facts can you please guide me as to where do I stand if any legal case is initiated against me by my ex employer?
The Service bond copy is attached.
Nick
10 September 2010 at 21:15
we have 498a/304b IPC case against me and my parents.case is in trial state.
Is there any way so that i can travel out side country for 6 months for office work?
Say I want to travel to UK .
Anonymous
10 September 2010 at 13:52
Dear Sir/Madam,
I have received a legal notice from my last employer stating -
1. I have joined competitor company.
2. Violated Confidentiality agreement breach.
Due to this legal notice in place my full and final settlement is pending with this employer.
Pls suggest , how to go about it.
Regards, Indresh Mishra
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Sixth Pay Commission
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