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PBS KUMAR   19 May 2010 at 16:50

ESI COVERAGE FOR LOADING & UNLOADING WORKERS

Sir,

on 18th May, 2010 a notification issued by the SC stating that according section 2(9) (i) of the ESIC act workers working in the premises of the factory or estb. comprehehdes presence of the persons on the primises of the factory or estb for execution of the principal activity of the industrial estb. and not causal or occasional presence. In the present case, for the purposes of loading and unloading the milk cans,the truck driver and loaders appointed by contractors enter the premises of the Appellants nbut mere entry for such purposes cannot be treated as an employment of those persons on the premises of the factgory or estb. as the said expression does not comprehend every person who enters the factory for whatever purposes... APPEAL ALLOWED.
The context the meaning of "weather the loading and unloading workers are entitled for ESIC or not ? CLARIFICATION REQUIRED.

Regards,
PBS KUMAR

subodh gupta   19 May 2010 at 16:48

What to submit/not to submit by a worker at evidence stage

Dear experts,

please solve the following queries :

1) At WE stage is it compulsory to submit all documentary/email printouts/telephonic recordings by a workman in an illegal termination case or he can submit some and submit the other at cross examination stage.

2)In law what is the definition of a genuine telephone recording which can not be challenged by opposite party?

3) At what stage presiding officer hear the telephone recording as evidence submitted by a workman .i.e at we stage or at cross examination stage.?

4) If some evidences are arranged by a workman after WE stage can he submit it after WE stage to prove his illegal termination.

regards

subodh

Anonymous   19 May 2010 at 15:19

Overtime wages


Please let me know what will comprised for paying the overtime wages in maharashtra ? basic + DA is correct way pf overtime wage calculation or is it basic+ all allowances ?

Which is the relevant provision under the wages act and rules ?

Thank You !

Anonymous   19 May 2010 at 12:54

Mumbai shops & establishment act


our company has introduced Biometric attendance system and therefore maintaining attendance and leave records electronically. we want to discontinue the manual muster/records. Please guide me the proceedures as how to obtain the permission for the same under shops & establish ment act. please also provide me the format of letter, address of the BMC authority etc.

northsector   19 May 2010 at 12:05

WHETHER PENSION IS APPLICABLE AFTER 06 YEARS IN CENTRAL GOVT

My friend who is working in a central para-military force has been compulsorily retired from service after 06 years of service. It is kindly requested to intimate whether he is eligible for pension after rendering 06 years of service in Central Govt.

sanjay sharma   18 May 2010 at 19:06

payment of interest

sir,
with regards it is submitted that i am serving in central govt/ department. i was paid the amount for leave whereas i was not having leave in my credit i.e. the amount was paid by the management, now i am being marked without pay for those days after two years. the management is deducting the amount of those leave which are marked without pay from my salary. kindly reply if they can deduct interst on the amount where i did not asked them to pay the amount, it was there fault.also make clear if hra, trasnport allow. will also be deducted of the period.

thanks

sanjay

Anonymous   18 May 2010 at 11:51

minimum wages

एक आदमी A ने एक फ़र्म F through its properitor P के खिलाफ minimum wages का केस किया है. उसका कहना है की उसे उसकी पूरी मजदूरी नहीं मिली है. जबकि P इस फ़र्म F का prop. ही नहीं है. P ने अपने वकील के through एक affidavit submit किया था की मैं इस फ़र्म का prop. नहीं हूँ. इस फ़र्म के असली prop. ने भी एक affidaviy submit किया की में इस फ़र्म का prop. हूँ तो ये केस मेरे खिलाफ होना था और वोह आदमी झूट बोल रहा है. ऑथोरिटी minumum wages इस बात को नहीं मान रहे हैं. they have given their decesion against firm F through its properitor P that pay the balance amount to that person.
What the person P can do.

Anonymous   18 May 2010 at 10:51

Applying Through Proper Channel

Respected Sir,
I am currently working in Government of India. I am now in Probation Period. I have a question to that...
Can I Apply any other Government jobs through proper channel in my probation period ?
Please reply me...
Sanjay

Anonymous   18 May 2010 at 10:33

PF Deduction on Minimum Wages

Dear Friends
Please guide me on this issue.
Minimum wages can or can not bifercated for PF deduction.

For Example
Minimum wages in Delhi Central is Rs.273/
Pf deduction shall attract the Rs 273
Or
Can We Bifurcate like
Basic RS180
HRA RS 93
Is it correct way PF deduction will be based on RS. 180/

For fixed monthly salry. If gross salary is more than Minimum wages, but basic is less than minimum wages.Is it correct for PF Deduction on less than minimum wages Under PF Miscellaneous Act 1952
What will be basic for PF deduction

Please Guide me on this issue
Regards
Rahul

Anonymous   18 May 2010 at 10:15

Cost of Construction

Dear friend
Please guide me on this issue.

How to calculate cess under The Building & Other Construction Workers’ Welfare Cess Act, 1996.
What are the component comming under cost of construction.
Does fan, switchboard, wire etc are coming under cost of construction for cess calculation.
Please guide me on this issue