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Mukul   16 February 2010 at 18:42

full & final settlement

I have been issued full & final settlement letter duly signed by HR director subsequent to my resignation acceptance as per that net amount payable to me was 62000/- after deducting all the dues(like laptop keymissing 2600, mobile not working 4600 etc-. I have accepted the same and sent duplicate copy to the HR dept. I was waiting for my cheque but after 2 months of issuing first letter company has issued another full and final settlement letter and deducted rs 27000 against laptop panel broken. Now i have given laptop in absolutely perfect condition except one key missing and same has been acknowledged by the company in first full & final settlement letter where they have deducted only rs 2700 against laptop key missing after inspection of the laptop. Now my question is that how can company deduct 27000 after three months of resignation and company is also ignoring first letter which has been issued to me which is an evidence that laptop was in perfect condition except one key missing. Please suggest how can i proceed further and what are the options available. Thanks Mukul(9560707755)

vimalavidya   16 February 2010 at 16:31

Management's appeal and stay

My Bank suspended me for my union activities for false grounds.At the end they gave me punishment of withdrawal of cashier's allowance.I appealed in the TRIBUNAL.They gave judgment in favor of me reducing punishment withdrawal of cashier allowance ''only for two year''.After that the bank didn't implement the award for 6 months even after it was published in the gazette.I complained with TRIBUNAL about the contempt of court.They sent notice to the BANK.Immediately the BANK went to high court FOR appeal and got stay order for the AWARD.
During the SUSPENSION PERIOD THE bank called for ''SECOND PENSION''OPTION.But the Bank didnot informed me and didnot called my opinion. After knowing the matter I applied for the pension option after the CUTOFF DATE. I am a heart patient.(After the heart attack when I was on leave for taking treatment the bank refused my leave called back to duty and suspended me false charges)
During 2000 when the VRS Scheme came i applied and came out from service.In between the UNION handled my case in the TRIBUNAL REFUSED TO TAKE UP THE CASE IN the HIGH COURT after the bank's appeal and stay order.And refused to give my case papers to me after I left the bank under VRS. I SENT DOZENS OF LETTERS TO THE BANK ASKING ME TO GIVE the pension.the bank so far did not give a single reply.Neither accept my request of pension nor refused it.
Because of my poor health conditions /stress related back pain and economical conditions I could not go to high court and break the stay order.I could not do anything with the high court.Mentally if I think about my case matters immediately I got heavy back pain and pain in the heart.So I so far not taken any steps to get my benefits awarded by the TRIBUNAL.The TRIBUNAL IN ITS ORDER SAID ALL ATTENDED BENEFITS DURING THE SUSPENSION PERIOD SHOULD BE GIVEN TO ME.
I REQUEST YOU TO KINDLY CLARIFY WHETHER I can now after the gap of 9 years approach the high court and get the remedy of pension and all other monetary benefits and arrears of suspension periods which was awarded by the TRIBUNAL. ONLY THE BANK GOT STAY order and appealed against the tribunal award.Kindly send me the reply to my E mail ID: vimalavidya@gmail.com

clifford john coelho   15 February 2010 at 18:12

workmen compensation act

DEAR SIR ,I HAD ASKED FOR INFO REGARDING 2 OF MY CO-WORKERS(recently joined but more than 2yrs old) TO INDIAN AIRLINES UNDER THE RTI ACT,WHETHER THEY ARE BEING PAID MINIMUM WAGES/ESIC AND EPF ,BECAUSE WE ARE PAID THE SAME
.THE RESPONSE FROM THE PE AFTER COLLATING THE INFO FROM THE CONTRACTOR WAS THAT THEY WERE BEING PAID ONLY MINIMUM WAGES AND WORKMEN COMPENSATION .
1)ALL OF US ARE CONTRACT LABOUR FOR MORE THAN 19YRS ,WITH MM WAGES/ESIC AND EPF .
2)WHAT IS MEANT BY WORKMEN COMPENSATION ACT ?
3)CAN THEY CLAIM MEDICAL/HOSPITALIZATION

BENEFITS ?
4)IN SHORT WHAT ARE THE ADVANTAGES/DISADVANTAGES BETWEEN THE TWO ?

rajan   15 February 2010 at 15:45

Pan Card

Recently We have terminated a employee for giving wrong information in the employment application about his date of birth. He has given wrong pan number and he has given a xerox copy of the pan card for the same.(Xerox is taken from scanned copy where he has alterted the date of birth).

What kind of action we need to take legally apart from employment contract?

What is the legal action applicable under income tax act?

Please clarify.

Anonymous   15 February 2010 at 15:45

service bond

sir

i have been working with a public sector bank for the last 7 yrs.after joining of 3 yrs my employer conducted a writtestest for taking the dealers within the organisation.I got through the exam n was selected as a dealer.(in circular they have mentioned that the selected candidates has to excecte a service bond for 5 yrs or have to pay Rs 6 lakh).after our selection i have rejected to sign the bond as my domestic problmes came in between and the same was intimated to my employer in written form but i wes resdy to serve for the organisation in any other capacity ,but they have not accepted my reasons for not sining the bond and issued a explanation letter stating that " why shound not we take an aciton aganst you under disobedience as you are not follwing the Head Office orders".later we got voral threats and 2 persons forced to resign from the service and i had left no choice but to sign the service bond. here my question is when i refused to sign the bond how can my employer compell on and forcibly get the service bond.please tell me whther these type of bond r valid in the court of law.

Sankar   15 February 2010 at 07:14

working on statutory holidays

Dear Sir,

Request to provide the extracts from Labour Laws/Industrial laws regarding the companies working on public holidays/declared holidays and its effects.

Thanks in advance.

Kind Regards

Sankar

Minal   15 February 2010 at 00:34

PF acknowledgement and Graduity payment

Hi

I have worked for Intelent Company for more than 5 Years i need advice on 2 issues

1 - i joined the company in 2004 - the company was taken over by someone else but we continued with our services - the buy out happned in 2006, when this happnd we were never given any information on our PF we assumed it will be transferred however thr were no documents that we signed --- now i have put down my papers but 2 months back we got to know from our other old employees that they have submitted the withdrawal form for old PF and they received the money ... so we did the same and 2 more employees along with me submitted the withdrawal form on Dec 16th 2090 since then i hav bin following up with my company for acknowledgement but they hav faild to do so... i hav don nearly 30 follow ups and have sufficient proof to prove that .... (i have also submitted the affidavit) stating why are we claiming the PF afetr 3 yrs (since they had asked for it)
Pl advice as i do not see them taking this seriously ...

Also i had requested my HR to provide me my Graduity details and what is the amount they fail to respond pl advice

rajan   13 February 2010 at 17:02

Pan Card not updated

An employee's pan no is wrongly updated in salary master of the company and tax is deducted and remitted to income tax department.If The employee notices the error only in the form 16 at year end , How it can be rectified while filing IT return?

How can the employee prove the ITO that the tax deducted is genuine and there is a mistake in the pan no in the registar?

From the income tax department is it possible to trace the mistake since the wrongly updated pan will not be a real one? for ex: for ALRTP1234Q it might be wrongly entered as ALTPR1234Q.

Please advise

anshul sangal   11 February 2010 at 21:37

Ground to file application against unauthorisee deduction

When an unauthorise deduction from wages made an application is filed under section 15 of payment of wages act and limitation period to file the application is 12 months.my question is what are the sufficient ground to file application after the limitation period expired?Please give some court ruling in this matter?
Wheather the provision of limitation act apply on this act?

Anonymous   11 February 2010 at 15:41

Notic Period & Resignation terms & conditions

Dear Sir

I was working in a Pvt. Ltd. compony. Due to their herasment and over berdon of work, i gave the emedeate resignation. In over appotment letter the notic period is of 1.5 months. But They never collect the singed copy from me and also there was no any point mensioned that in case the notic is not given by any one the sallary of that period deducted from his Account. Now i wants to know that Is this mantioned in law that if the notic period is not given then there is sallary recovery from the account of empolee.

Thanks & Regards
Deepak Rana