Anonymous
21 February 2010 at 19:55
A person was appointed on compassionate ground under dying in harness rules. But he failed in the training for the post on which he was appointed and was removed.
Is his removal legal and justified ? can he claim appointment to another post on compassionate ground?
avinash jos
21 February 2010 at 07:45
Mr. Z got recruited on 22.10.1980 as an Industrial Employee(IE) of Ordnanace Factories of India, central Govt employee, from 1980 to 1985 Mr. Z worked in the capacity of the Industrial Worker and then appeared for a Departmental test for LDC (Non Industrial Employee- NIE) in the year 1985 and the Results were declared in the year 1985 and the selection list was created in 1985, and Mr. Z started working on this role effective March 1991.
(a)During this period of 1985-1991 after such results were declared the appointments to the post of the LDC were kept on HOLD internally saying that there were no positions available for the same, However during the same period for similar post of LDC compassionate and open hiring at this specific factory location was made from outside as fresh recruitments. Does a suit lie?
(b) As on date the direct hires from outside during this period of 1985 till 1991 who have been hired after the declaration of the LDC result of internal candidates and whose promotions were on HOLD for want of positions, hence the direct hires currently are seniors to the internal hires on this position. Do a suit lie for seniority of internal candidates and also for the financila loss effected due to this hold of position for 7 years both 1985-1991 included.
avinash jos
21 February 2010 at 07:30
Mr. A on regular service of the ORNANACE FACTORIES of India, Central Govt employee, was suspended on 12th June 2006 and the suspension was revoked on 27th July 2006 i.e 45 days both dates included.
Punishment : When due the next three increments to be stopped with commulative effect
Question in Law: Increment happened in every year in the month of july,2006
(1) Mr. A was in the suspension period when the increment was due in 2006, therefore there have been no increments in 2006,2007,2008,2009
(2) Is Mr. A eigible for the 6 Central Pay Comission benefit which has the important clause " 6 pay comission benefit of one increment will be given if only regular employment from Jan-july of 2006, however here Mr. A was suspended from June 12th '2006 to July 27th'2006, is the suspension period amount to the service regarded as regular sservice.
Jibanananda Goswami
19 February 2010 at 23:32
A Society takes employees in contract basis. The contract format is prescribed in Memorandum of Association. But the Chairman issued an appointment letter to the Director that contains some terms and condition that are opposite to the prescribed format. The conditions also contradictory to the some Powers and duties of Director described in MoA.
The question is, which terms and conditions are to be followed by the Director in this case?
The memorandum of Association clearly said that the Appointment order shall be issued by the Chairman in the prescribed format.
S V Narayanan
17 February 2010 at 22:08
Am in need of applicable labour laws in the country of Indonesia...any one of experts provide me details, please...
clifford john coelho
17 February 2010 at 15:43
SIR ,THIS IS IN CONTINUATION EARLIER REQUEST TODAY ,PE MEANS PRINCIPAL EMPLOYER .ALL ARE CONTRACT LABOURS .
THANKS AND REGARDS
Venkat Rao Marella
17 February 2010 at 11:06
Dear Lawyers,
I want to understand the point of time from which ESI enactment applies to a private company.
At present there is only one employee joined in a private company who comes within the purview of ESI.
As per one of the ESI official, ESI application will be accepted only when there are more than 20 employees for whom ESI is deductible. As of now, the company has only one employee coming with in ESI slab. Should ESI be deducted from the employee’s salary even though the company is not coming within the scope of ESI enactment?
If deductible from the employee, when should be remitted? (Since the application for registration will not be accepted, how can the same be remitted with the department?
If not deductible, what are the provisions of the Act which excludes the company from not deducting?
Thanks in Advance.
Venkat.
clifford john coelho
17 February 2010 at 10:18
SIR ,IN THE CONTRACT LABOUR ACT ,THE REPRESENTATIVE OF THE PE HAS TO BE PRESENT DURING DISBURSEMENT OF PAY.
1)MY QUERY IS WHY IS THAT NOT FOLLOWED IN THE MINIMUM WAGES ACT.
2)WE ARE ONLY 2 WORKMEN ON A SEPARATE REGISTER .
3)WE ONLY GET MINIMUM WAGES AND WORKMEN COMPENSATION ACT.
4)IS IT NOT MANDATORY FOR THE PE REPRESENTATIVE TO REMAIN PRESENT DURING PAYMENT TIME ?
THANKS IN ADVANCE
Anonymous
17 February 2010 at 09:08
i work in a state government office, where violation of above sections are frequent. i want to make complain against such practices.can i write a letter to my superior officer to take action as i strongly believe that such things are happening?
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Continuation of PF issues -- change of Affidavit
This is in continutaion to my earlier query....
----------------
i hav received a reply from the company mentioned below is that e mail
---from the recent employer.....
After our meeting with Spanco people, they have signed your forms and other documents except Affidavit which you have provided. You have mentioned the details of Sparsh in the Affidavit to claim the Spanco P.F. amount. We tried to convince the P.F.clerk without the affidavit but he insisted on the same. I suggest you to speak to Mr.Milind our representative who is deputed at Thane (Sparsh Unit). He shall provide you the Draft for Affidavit which he got from P.F.office. Once you provide the same, your form shall be submitted and we shall provide you the acknowledgement
-----------X----------------
pl note the format of affidavit is given by my current company i have added th content below pl check and advice if this format is okay and will not work against me
________________________
PROFORMA
AFFIDAVIT - CUM - IDEMNITY BOND
1, S/o, W/o, 0/0" -- _
Residing at _~-------------------------------
(Permanent address of Taluka _
District State solemnly-affirm and state an.oath"as
Under:
1) I state that have worked in MIs. _
Upto and holdingP.F. Account No. with
the Regional Provident Fund CDmmissioner, Mahar:ashtra.
2) I he"rebyundertake and indemnify, to Central So"ardof 'frustee, Employ.ees, Provident Fund Organisation
for any claim later if found false, for any loss incurred out of this transaction.
3) I declare that I have not withdrawn my P.F. accumulation I withdrawal benefit of FPF I EPS 95. till date.
This Affidavit-cum-indemnity bond has been executed by me and state that the facts mentioned herein
before are true and correct to the best of my acknowledge and beleif. .
DEPONENT
Solemnly affirm and signed before me
at this date of _
ADVOCATE BEFORE ME
(I Class Judicial Magistrate) I (Public Notary)