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P K Thakur   16 January 2010 at 20:43

serious problem in the career

Respected Members (advocates)
I am Prakesh Kkumar, Asstt. Professor in Management Department at MM University, Ambala , Haryana.
Right now we are facing a serious problem with my younger brother’s career, the matter is as follows:-
1. Recently my younger brother was selected as JTO (Junior Telecom Officer) in BSNL as notified by BSNL in October 2009, having Rank under 500 in All India Ranking (Out of 4000 Selected Candidates).
2. In the selection letter BSNL directed the candidates to get their certificates verified and submitted with a bond of Rs 2 lakh in their respective Circle (because the candidate has appeared in the test from the circle).
3. After the verification of the certificate the BSNL displayed a list of candidates for medical check up in their respective circle website (ap.bsnl.co.in).
4. In that list the name of my younger brother was not displayed, regarding that, we have communicated telephonically several times with the officers of the circle (Andhra Pradesh) as well as corporate office of BSNL (Delhi) and they are not responding properly with the satisfactory answer/reason.
5. Now they are saying (informally) that there is a technical fault in the evaluation system. So that’s why they have with held some candidates for the medical check up and final posting.

Sir, We are very much tensed, so please guide us, what type of legal action; we can take regarding the above situation.

Thanking you
With regards
Prakesh Kumar

clifford john coelho   16 January 2010 at 17:30

contract labour gratuity

dear expert,i am working as a contract labour in a psu for the last 19 yrs,i have the following queries,
a)for the past 11yrs with the same contractor and same psu.without any breaks.
b)the contracts are annual.
c)now,am i eligible for gratuity ?
d)is the PE liable for any default made by the contractor ?

thanks & regards

BK   16 January 2010 at 17:17

Gratuity

A friend of mine took VRS from a Govt Company owing to some differences with the Chairman. Vrs though was granted, however on frivilous account the Chairman instituted an Inquiry - where no financial involvement is there in the charge
sheet. Pending this Inquiry his Gratuity is not being released by the Company. What is the course of action for him to get his Gratuity under the Act. Similarly the leave encashment has also not been released.
Further it is over a year and except preliminary hearings, the Inq is being delayed for the obvious reasons that charges are not proveable by the Company managment. Pl sdvice

sibaprasad mishra   16 January 2010 at 16:29

NOTICE PERIOD FOR RESIGNATION

Dear Sir,

I am working in a Pvt. Bank, as per my appointment letter it has been mentioned that, during resignation I have to give a notice period of 3 months out of which 30 days is mandatory and the rest can be adjusted by giving the salary of the shortfall period.

That I have resigned on 17th Dec’09, with a request to be relived on 10th of February. But at present I want to propone my reliving date to 30th of January by paying the rest days salary.

Kindly advice me that on demanding that, whether I am legally right, or if they deny for that, then what I have to do?

Thanking You

Yours Truly

Sibaprasad Mishra
9439040952
Email: sibaprasad.ouat@gmail.com

Anonymous   16 January 2010 at 00:21

Salary hold after resignation - Legal aids!!

Sir,

I have resigned on 09.12.09 w.e.f. 07.01.10 after serving 6+ years in a company. Therefore I have given almost 1 month notice, as mentioned in my appointment letter. Now, Company has hold my Salary & other reimbursements, stating that all will come along with the Full & Final Settlement. All other employees has got their salaries. My question is :

1. Whether company can hold the notice period salary?? if yes, then how long?? and what about the salary from 01.12.09 to 08.12.09(Salary before notice period)?? isn't it suppose to pay along with all the others salary in the next month?? Please respond giving the reference of the concern Sections of the Law.

2. How long a company can take time to give the full and final settlement even after the notice period is over? Please respond giving the reference of the concern Sections of the Law.

3. If they are not giving the full and final settlement in time, where i will have to proceed further (out of the company) for get the F&F immediately

Please respond giving the reference of the concern Sections of the Law.

Best Regards
BKT

Suresh C Mishra   15 January 2010 at 21:29

recovery of labour dues as an arrears of land revenue

The PW authority has forwarded recovery certificate in an ex parte order under this Act, restoration moved and it was allowed and recovery order was taken back , in such facts whether the Recovery authority can recover the recovery charges @ of 10% in UP? if yes what is the law ?

Anonymous   15 January 2010 at 13:11

unpaid salary

dear all

i joine a co. 6 month back.after serving three months co. dont want my services.after giving my two months salary co.pay me 2 months salary and asked not to come orally. i want my 1 month salary+ relieving letter.co. denied that on the groun that appointment letter has provision that co. has right to terminate the employee without giving notce and forfiet the salary.i was on provation.guide me what should i do.

SUDARSHAN   15 January 2010 at 12:28

Relaxation of Duty Timing

Employee's duty timing is 9.00 am. in morning. One employee usually come around 9.05 - 9.15 am.
Is there any relaxation given to employee by statut on duty timing ? If any yes plz let me know the section and subsection under law.
Plz reply.

Anonymous   15 January 2010 at 10:35

EPF Damages

Sir, we are the trusty of one Non Granted english School. We were not deducted the epf amount from the salary of our employee. So EPF Commissioner issued a order to pay these dues & also paid the damages 100%.Let me know that, the damages are compulsory or it can be waived by the commissioner? thanks

Reshma K   14 January 2010 at 23:51

Labour

I am confused with the definition of Workman. It seems most of the labour laws deal with Workman. Can you pls help me with a simple yet comphrehensive definiton of WORKMAN. Does the IDA, ESI, WCA, EPF, Factories Act, MWA apply only to WORKMAN. What about bank employees, teachers, government servants, private sector employees (software, consultancy, etc). Does any of this apply to them. Pls provide some comprehensive answer