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P.ESAKKIMUTHU   21 May 2010 at 20:14

forced absence to contract labour

The service and employment of contract labour is protected by stay order of High Court.In such a situation whether the contractor can give forced absence thereby denying wages to the contract labourer.please give citations if the answer is "no"

M. PIRAVI PERUMAL   21 May 2010 at 18:36

REGARDING DENIAL OF PROMOTION

An government employee has been denied promotion by the employer for the reason that he was given minor punishment in earlier period during his service. I heard that the Madras High Court as well as the Madurai Bench of Madras High Court in a judgement has held that " PROMOTION CANNOT BE DENIED TO AN EMPLOYEE FOR THE REASON THAT HE WAS PUNISHED FOR A MINOR OFFENCE EARLIER IN HIS SERVICE ". I need the above judgement or any judgement on the same lines either by Madras High Court or Madurai Bench of Madras High Court.


Learned LCI member please help me by providing entire text of the judgements or citations in the above subject.

Premanshu   21 May 2010 at 14:22

How to recover bond which is already paid to company

Dear Sir/Madam,
I was earlier working with NTPC Ltd.(1 yr in probation 8 months in service),resigned from the NTPC and joined ONGC.At the time of clearence from NTPC they forced to pay 2 lakh for payment of bond(bond of 2.5 lakh for 3 yrs).The reason on which they forced to pay me bond is that i made to application to ONGC without proper channel.However when NTPC make campussing from our institute ISM,dhanbad they did't say anything about bond.We were forced to sign bond at the time of joining the company and we joined as there was no alternative at that time.

According to DPE guidelines the bond is transferable while switching from one company to other.

Please help me out so that i can have the payment of bond back.

Anonymous   21 May 2010 at 11:02

Liquidated damage

Can a employer claim liquidated damages from its employee if the employee has breached the contract and has found a new job without serving the notice period?

subodh gupta   20 May 2010 at 22:02

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

Second attempt

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

Neeraj Kaushal   20 May 2010 at 19:49

case law

Disciplinary proceedings against me , lower court has stayed the disciplinary proceedings against me , department hold DPC meeting and my name was considered for promotion but sealed cover method has been adopted , i need a Supreme court , High Court law that would support my case , kindly help me in this matter , thanks ,

Anonymous   20 May 2010 at 14:37

3 years working

hi,
i need a suggestion ,I m working with a private compant since 2006 & when in this year me asked to my senior where i report my work for increament first 2 months she hangup to me o said these words i would discuss with boss but in the last movement when all company worker got increament she told me boss caould not afford ur salary he seaching lower salary worker for my pofile.
she suggessted me u do not give any notice to the boss i will manage when u want leave u can leave the job.
when i asked same question from her if the boss want to sack to me from my job then he can sack me without any notice ?she replyed yes he can.
but i do not know how could he do this thing because i have appoinment letter where he mentioned before leaving this job i need to give 1 month notice to him or if he want to sack to me then he need to give 1 month notice to me.
now im afarid if he can without notice sack to me then what could i do?

Anonymous   20 May 2010 at 13:30

Continuous service for payment of gratuity


Kindly clarify whether the eligibility for payment of gratutity can be considerd as 4 years 8 months (i.e in fifth year it is 240 working days.)

Anonymous   20 May 2010 at 12:38

ESI (Central Rules),1950 - Funeral exp.

Sirs,

As per ESI Central Rules, 1950, the amount of funeral expenses for the purpose of clause (f) of sub-sectin 1 of section 46 of the ESI Act is enhanced to Rs. 3,000/- w.e.f. 1.12.2007.

In one of the press note where Union Minister while taking stock of performace of ESI for 2009-10 mentioned that this benefit was increased from 3,000/- to 5,000/-.

I could not get this amendment.

Has it really been enhanced if so with effect from which date, may please be shared by the learned memebrs.

Thanks.

shashank pandey   19 May 2010 at 23:58

Charge sheet

What does actual service of a charge-sheet in departmental proceeding mean?