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Anonymous   02 July 2010 at 00:04

defamation against commissioner

my commissioner in central excise has harassed me by missuing his powers. he even went on to put official letters and notes that I am mentally unstable and paranoid. He misued his powrers and transferred me . He even interferered inmy personal matters . right now he is member CESTAT . how he can be prosecuted . I have also written to President of India for permission to file defamation case . But president office has not bothered to reply. please guide me . he even got me illegally transfereed and removed me from service.

Dr G V Rao   01 July 2010 at 21:34

Link or website to read recent judgements on service law

Dear Experts

Can any or all of u please help me with a link or website to read recent Judgements on Service Law. Maybe few judgements which could be accessed on free basis and URL's thereof. Thanks.

vijay ghangrekar   01 July 2010 at 12:46

leave provisions

please will some one tell me about casual leave provisions in private sector in india

Ananthanarayanan   01 July 2010 at 12:26

Eligibility for pension

An employee of a public sector bank was awarded termination of service in 2006 and was paid bank's contribution of provident fund in full; Is he eligible for pension?

Anonymous   01 July 2010 at 11:03

Expert Advice

I am working as a devlopment officer in LIC & completed 28yrs. of service,now I am planning to give resignation . I want to ask:

What type of deductions can LIC make from my PF,GRATUITY,Pension, GLSI?

I have housing & vehicle loan from LIC from where it will be deducted?

Anonymous   01 July 2010 at 10:16

rules for getting relieved from employer

I am working in a sales company for last 1 and half year.
My offer letter says that i will be under probation for 6 months and after that i will be confirmed by issue of confirmation letter.
it also says that my notice period is 30 days during probation and 90 days after confirmation.
I have not been confirmed so far and i have recently tendered my resignation. Now the company says that i am confirmed but they have not issued the letter and my notice period is 90 days.
I need leagal advice to have a smooth releiving.
nandakishore

jagan   30 June 2010 at 22:51

Departmental Enquires

1. Whatis Malafide in Dept. Enqiry?
2. What is Bonafide in Dept. Enquiry?
3.What is Bias (Do)
4. What is Victimisation?('')
5.When can a court interfere in a departmental enquiry?
6. What is a vague chargesheet?
7.What is prinicples of natural justice?
8. When can a chargesheet be quashed by a Writ court in dept. enquiry?

Please provide case laws for the above questions with a certain amount of detailed explanations.

Govind Sharma   30 June 2010 at 16:06

Re: ESI Coverage

Hi,

Any company registered under Shops and Establishments Act with employee strength more than 20 need to register under ESI Act and all employees whose gross salary is Rs. 15000/- need to cover under ESI Act

Regards
Govind

vijay ghangrekar   30 June 2010 at 15:45

casual leave rules in private sector in india

please guide me to make casual leave provisions in asmall private company

Anonymous   30 June 2010 at 15:31

Real Life legal issue, please help!!

hello all,
I want your advise on a legal issue that has come upto me through a real life situation involving a very near and dear relative of mine. Here is the question-
A government servant, Mr.X was wrongfully arrested while discharging his official duty, was sent to judicial custody for 40 days. His department extended and financed all the legal help, including lawyer's fees and bond for bail. The fact that the ministry, under which the department comes, did not suspend Mr. X and also recruited additional solicitor general for his defence, shows that the his department and the ministry consider Mr. X innocent.

Presently Mr.X, who is out on bail, after being defended by additional solicitor general himself, is facing a problem. The problem is, that though the department expressly considers him innocent, they are unable to decide whether the period spent under judicial custody be treated as period spent on duty or not.

According to me, under the given circumstances the period spent in judicial custody should be treated as period spent on duty and not as extra ordinary leave, as labelling this period as extraordinary leave would be same as taking a punitive action against Mr. X, which he is not liable for. As the fact that he was WRONGFULLY ARRESTED while DISCHARGING HIS OFFICIAL DUTY, and DEFENDED BY ADDITIONAL SOLICITOR GENERAL, and NOT SUSPENDED (as is usually when a government servant is arrested for criminal charges he is suspended), show that he is considered to be innocent by the department, and the department has taken on itself to defend this person.

Please give your legal advise as to how should the 40 days period spent in judicial custody be treated, and if you could back it with case laws or rules and regulations on the same, I would be highly obliged.