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Anonymous   10 April 2010 at 22:18

No objection certificate for outside employment

Dear Sir/s

I am presently working in a Govt. of India department. My present grade is PB-2 with grade pay of Rs. 5400/-. I have completed 10 years of service in this department and also became permanent in the present post.

I was sponsored by my employer to attend a one year diploma course in Safety Engineering from Regional Labour Institute, Kolkata in the academic year 2006-2007. The course fees was paid by my employer. During this one year course actual class room course was for 6 months and rest 6 months I had attended my office regularly. Also during the class room course period I had attended office almost 70-80 % of the period. There was no service agreement bond executed between me and my employer for sponsoring this course.I had completed the course in 2007.

Recently I had submitted an application for a PB-3 grade Safety Officer post in a central government corporation. As per the advt. I had applied to my employer for a No-Objection Certificate so that I can attend the interview and join the corporation if selected.

But my employer has issued me a letter stating that - I was nominated by my employer to make use of my expertise for the office/centre after completion of the course. Hence my application will not be forwarded for outside employment for five (5) years after completion of the course as per the decision of the competent authority.

Will you please suggest me what should I do now? Is there really any rule that says that sponsored candidate cannot be released before 5 years for outside employment in govt. departments ?

I was eligible for the post at the maximum cut-off age marginally by 4 months. So it is obvious that after 5 years I will be no way eligible for such posts. I am ready to return course fees and other expenses if my application is forwarded.

Amarnath chakravarty   10 April 2010 at 21:06

future of labour laws

sir what is the future of labour laws.this may be an idiotic question but in my one year of practice i see too many anti labour judgements

Anonymous   08 April 2010 at 13:28

payment of gratuity

Sir/Mam,


Can anyone please tell where to file form "T" for recovery of Gratuity in delhi. Please assist me in finding the appropriate office of Assisstant Labour commissioner of delhi as I m confused about their jurisdiction.


please help me its urgent.


thanks for your cooperation




shweta saxena

management trainee

Shradha Kumari   08 April 2010 at 11:44

Payment of carpentar due from a company

A Carpenter did a job work for a company, now the company is not paying the dues. What remedies is available with the carpenter? Whether he can approach labor court? There is no written contract between the carpenter & the company.

James Bastin   08 April 2010 at 11:34

Contract labour act(Central)

I am working in a Public sector company as a HR trainee. Our company having branches in various places of Karnataka, Tamilnadu and Kerala.All the branches are located away 10-15 km from the city.

We are engaging contract labour in our substation for housing keeping, horticulture works and some constructions works. Some places it is more than 20 employees and some places it is less than 20.
As i am doing project on Contract labour act in our company, request you to help to formulate and clarify the below doubts.

1. if it is less than 20 contract labour, which act will apply?
2. Leave rules CLRA(Central) for House keeping boys and constructions workers when is less than and more than 20 (Cl/El/SL)employees.
3.Will National and Festival Holidays act applicable for CLRA(Central), if it is yes than, number of National, Festival Holidays.
4.Any Labour welfare fund contributions is applicable for contract labour(Central)for house keeping and construction workers
5.AS we are having different kind of contractors for different kinds of work, Each contractors is engaging less than 20 employees in our establishment, in that case, can the principal employer insist the contractor to maintain the register as per the contract labour act or shops and commercial establishment act?

I would be greatful if you clarify my doubt.

Request your valuable reply on this.
James

radha   07 April 2010 at 18:30

Inspection of Personnel File

Mr. Abbey has been terminated from his service by a Pvt Insurance company from the post of Manager, without assigning any reason.He was made to answer many of emails regarding his low performance.
He was issued a show cause notice, to which he replied and explained, and asked the company to withdraw the show cause notice,and the company did ot withdraw the show cause notice and no persuant action was taken by company.
Mr. Abbey want to challenge his termination and wants to inspect his personnel file maintained at the HR deptt at Head Office of his company.
Can he claim the inspection as a matter of right?
Is the company under obligation to show him his personeel file? can the company refuse for this?
Can he later amke the company bring is personnel file to court?
What are the options available to him.
Kindly advoce.

sneha   07 April 2010 at 11:15

urgent

can a company hire under 18 person on contract basis? If yes then what are the laws which are neexd to be complied by the company.

Dushyant Pandya   06 April 2010 at 22:58

Notice period and Leave encashment

Under which sectin/s of Act notice period and leave encashment required to pay to employee at the time of termination?

Dushyant Pandya   06 April 2010 at 22:50

Termination/dismissal of employee

At the time of termination/dismissal of employee notice period and leave encashment is required to pay to employee by employer?

OR

Leave encashment and Notice period require to pay by employer to employee at the time of termination?

Under which section of Act?

giriraj sharma   06 April 2010 at 19:58

Disobey of CAT order regarding revaluation by BSNL

Dear sir,
My self Giriraj sharma appeared in Deptt.( I am working in BSNL) promotion exam.There were 2 papers each 100 marks and min 50 marks in each paper was required.Result declared and i got 63&48 respectively.I was sure that i perform well hence i asked BSNL under RTI copy of my answersheet.first they denied but after appeal to CIC ,CIC order them to provide me same. after getting copy of answer sheet i was shocking to see that there are blunder mistakes in evaluations.EXP. BSNL asked name of any 5 facility available in Exchanges. i write down any 5 but out of them 3 marks wrong.because BSNL also provide model answer key to examiner and only name of 5 facility was there in answer key.There are 15-20 facility whcih we can provide in exchanges and we can write any 5 .hence I again asked BSNL under RTI regarding my facilty which i have written in answersheet and made wrong .BSL under RTI replied that these facility are available in BSNL.then i represent to BSNL through proper channel.but they did no t reply even after reminders.Then i approach CAT .CAT direct BSNL to consider my representation and give reasoned reply by 31.3.10.BSNL replied that there r no ruling of revaluation in BSNL.they refer a decison of Andhra highcourt in a particular case (in this case candidate simply asked BSNL to reval his answersheet ,he has no proof of wrong evaluation)that in therer r no ruling then BSNL is not bound to reval the same.NOW what i can do.Should i appraoch to CAT again or high court.If in CAT what argument we may produce and what decision CAT may give.as BSNL already indirectly deny CAT decison taking wrong fact decison of Andhra highcourt.i request all respected members to suggest me pls.my cell no is 9413394176 .presently i am in MP.