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Associate R   05 March 2010 at 12:39

Drunken employee- can terminate?

One of my client who is an employee was working in 2nd shift from 3.00 pm. At 8.00 pm the employer found that alchohol smell is coming and took the blood and sent for test next day to Medical Officer, though there was Central Hospital, ESIS Hospital was available. No liquor bottle found in the company nor the employee went outside from the time of his duty. The security checked the employee before letting him inside the company for duty. How far the case of an employer is correct? When the worker was covered under ESIC, they took test from Medical Officer.
The employer conducted domestic enquiry and findings have been provided. The workman apprehend that they may terminate him on this ground.
My query is that can the employer do this by taking the shelter of report of Medical Officer when the Government/ESIS Hospital's reports were not taken?

Thanks in Advance
Annapurna

Anonymous   04 March 2010 at 16:32

full & final settelemnt

Can any employee of limited company their are more than 100 employees ,file a civil suit for recovery of unapid amount after resignation from the job.

Associate R   04 March 2010 at 13:21

Drunken employee on duty

One of my client who is an employee was working in 2nd shift from 3.00 pm. At 8.00 pm the employer found that alchohol smell is coming and took the blood and sent for test next day to Medical Officer, though there was Central Hospital, ESIS Hospital was available. No liquor bottle found in the company nor the employee went outside from the time of his duty. The security checked the employee before letting him inside the company for duty. How far the case of an employer is correct? When the worker was covered under ESIC, they took test from Medical Officer.
My query is that what is the procedure to take test of blood, how blood samples to be sealed, which is the right authority to test the blood samples?

Pl. help me in this regard with any judgments, if any.

Thanks in Advance!
Regards
Annapurna


Associate R   04 March 2010 at 13:14

Drunken employee on duty

One of my client who is an employee was working in 2nd shift from 3.00 pm. At 8.00 pm the employer found that alchohol smell is coming and took the blood and sent for test next day to Medical Officer, though there was Central Hospital, ESIS Hospital was available. The worker was covered under ESIC. My query is that what is the procedure to take test of blood, how blood samples to be sealed, which is the right authority to test the blood samples?

Pl. help me in this regard with any judgments, if any.

Thanks in Advance!
Regards
Annapurna

vinay   03 March 2010 at 22:52

list of lawyers

Hi , where can i get list of all lawyers working in high courts all across India?

Kumar V   03 March 2010 at 17:52

Gratuity Payments and other payouts of deceased

My mother expired in the year 2005 and was working in Punjab Govt. Department since 1982.The time she expired a vigilance case was pending against her for which once the judgement came against her in the year 2000, against which the case was filed/appealed at higher court. In the whole tenure since her joining to the Dept. she was not suspended for even a single day and was serving to Punjab Govt. the day she expired. but the Gratuity/PF/Pension and other payouts which are normally given the legal hire of the deceased are still not paid. Kindly suggest whether the department at their own discrition can hold the same or is there any law pertaining to this to hold all the payouts of deceased if any such case/judgement of court is pending the time of demise of an employee. Kindly suggest.. how i can file a case from our side to get all the dues..????

Anonymous   03 March 2010 at 17:45

Gratuity Payments and other payouts of deceased

My mother expired in the year 2005 and was working in Punjab Govt. Department since 1982.The time she expired a vigilance case was pending against her for which once the judgement came against her in the year 2000, against which the case was filed/appealed at higher court. In the whole tenure since her joining to the Dept. she was not suspended for even a single day and was serving to Punjab Govt. the day she expired. but the Gratuity/PF/Pension and other payouts which are normally given the legal hire of the deceased are still not paid. Kindly suggest whether the department at their own discrition can hold the same or is there any law pertaining to this to hold all the payouts of deceased if any such case/judgement of court is pending the time of demise of an employee. Kindly suggest.. how i can file a case from our side to get all the dues..????

Anonymous   02 March 2010 at 23:14

Legal query

Dr. S.V.Shinde,
202, Indraprasth Apartment, Indraprasth Nagar, Nanded. (M.S.)
Cell No.:- 09422170185

I am working as an assistant teacher in Yeshwant (junior) college, Nanded (Full grant) run by Shri Sharda Bhavan Education Society, Nanded
As per Advertisements of Lectures in Chemistry (Senior College) of Shri Sharda Bhavan Education Society, Nanded I applied for both the colleges i.e. one for fully granted Yeshwant College, Nanded (one post) second partly granted Indira Gandhi College, CIDCO, Nanded (two posts). Both the colleges run by Shri Sharda Bhavan Education Society, Nanded. The institution issued only one single call letter for personal Interview. Nothing was mentioned in the call letter whether I was called for granted or partly granted post.
My academic score was 214.66. I was the topper in the academic score. I faced personal interview and could satisfy the expectations of the panel members of the interview. I secured 25 out of 50 marks in personal interview. My total score was 239.66.
The other candidates who were my competitors lagged behind me in personal score.
But when appointment letters were issued I was shocked to know that the selected candidate who got III preference by the interview panel (personal score = 161.5 and 48 marks in personal interview = 209.5) was given appointment in fully granted college and I am given appointment in partly granted college.
It is my question to you whether it is legally proper.
I seek your guidance in this regard.



Sincerely


Dr. S.V.Shinde
202, Indraprasth Apartment, Indraprasth Nagar, Nanded. (M.S.)
431605

Shinde Sandeep Vishwanathrao   02 March 2010 at 17:20

Legal Advice

Dr. S.V.Shinde,
202, Indraprasth Apartment, Indraprasth Nagar, Nanded. (M.S.)
Cell No.:- 09422170185

I am working as an assistant teacher in Yeshwant (junior) college, Nanded (Full grant) run by Shri Sharda Bhavan Education Society, Nanded
As per Advertisements of Lectures in Chemistry (Senior College) of Shri Sharda Bhavan Education Society, Nanded I applied for both the colleges i.e. one for fully granted Yeshwant College, Nanded(one post) second partly granted Indira Gandhi College, CIDCO, Ned Nanded(two posts). Both the colleges run by Shri Sharda Bhavan Education Society, Nanded. The institution issued only one single call letter for personal Interview. Nothing was mentioned in the call letter whether I was called for granted or partly granted post.
My academic score was 214.66. I was the topper in the academic score. I faced personal interview and could satisfy the expectations of the panel members of the interview. I secured 25 out of 50 marks in personal interview. My total score was 239.66.
The other candidates who were my competitors lagged behind me in personal score.
But when appointment letters were issued I was shocked to know that the selected candidate who got III preference by the interview panel (personal score = 161.5 and 48 marks in personal interview = 209.5) was given appointment in fully granted college and I am given appointment in partly granted college.
It is my question to you whether it is legally proper.
I seek your guidance in this regard.



Sincerely


Dr. S.V.Shinde
202, Indraprasth Apartment, Indraprasth Nagar, Nanded. (M.S.)
431605

Anonymous   02 March 2010 at 15:18

Labour Law

Dear Sir

A state govt employee terminated and he won the case at lower and Highcourt.But the state government went to appeal to Highcourt.

The employee has no intimation about the filing and he loose the case for absent.

His economic conditions become worse, then he is silent. There is no intimation about the case from their office.

This was happen before 14 years.

Is there any chance to file the appeal {limitation}. He didnt get any allowance and PF.

Please give yours suggestion.