Raj Kumar Makkad
14 September 2009 at 21:37
A was working in an un-aided school affiliated with CBSE. As per appointment letter, he had to complete his probation period on 31.03.2009 and it was also spefically written in that letter that on successful completion of his probation, he shall be confirmed. A term was also therein which provided that if either of the party wants to relinquish the job, one month notice/notice pay is mandatory. A was suddenly provided a letter intimating him that as per terms of appointment, he is being releived on 31.03.2009. A filed a civil suit for injunction and a stay was also granted in his favour on 29.03.2009 vide which respondent management was directed not to relieve him till next date of hearing but despite of this A was releived on 31.03.2009.
Contemp of court petition is pending. Suit was also amended and dismissal was challenged.
My quarry is:
1. whether the court can re-instate A with all terminal benefits in service even if impugned order is found illegal?
2. Is a contract of service in private unaided recognised school is not enforceable, if yes, any citation?
3. Whether knowledge to counsel of the party is not sufficient to establish that the respondents were in the knowledge of the court order?
4. Whether admission of some of the facts by respondents either in written statement or in their evidence is needed to be proved by plaintiff?riven
rahul pandey
14 September 2009 at 14:09
can permanent employees be replaced by contract labours?riven
PRABHAT KUMAR SINGH
12 September 2009 at 13:36
Dear Sir/Madam
I am worked in karvy stock broking more than 15 months and suddenly he will verbely terminiate me without any reasons & any notice and also stopped my two months salary. I move to Deputy Labour Commissioner court and file a case against Karvy U/S 26 for illegal termination & U/S 28 for my due salary.
But opposite party file a that The government had notified vide Notification No. II/ S6-1031-73 L&E 1650 dated 28-06-1973 as the presiding officer, Labour Court to be the competent court for entetaining the petition U/s 26 & 28 of Jharkhand Shops and Establishment Act. Suggest me to that Court of Deputy Labour Commissioner cannot entertaint this case if yes send me the details about that.
Thanks & Regards
Prabhat Kumar Singhriven
tapas banerjee
12 September 2009 at 11:47
Sir
I am a medical technologist(x-ray) and employed in a reputed medical college and hospital in Kolkata.
I work in emergency X-ray department for more than 3 yrs without any substaff or group D staff in my deptt. My working schedule is 24 hrs in a week that is 6 hrs per day and and two off days of the week. It is very nice.
But the problem is I never get any CL or CCL and if I need it. I have to arrange myself i.e. I have to appeal my colleagues if they are kind enough to do my job then I shall avail a CL but in the next week I have to do his schedule job. But if they dont agree I will not get that leave. The head of the department sheds off his responsibility and never any arrangement for alternative. So on every govt holiday (if those don't fall on my off days) I have to join my duty. Even I can't attain any social funtions like marriage ceremony puja holidays. Even all the public holidays like republic day, indipendence day, christmas day etc I have to join these days.Though a residential staff is there he does his schedule job that is 18 hrs at a time in a week.Means Once in a week. If I do my job on the public holiday I never get any CCL.
In the department only I do my job 4 days in a week means 52*4=208 days in a year whereas my other colleagues does 24 hrs in a week at a stretch that is 52 days in a year.But salary is remains same.
As it is a single man department if i want to take earn leave I have to beg others if they put consent sign then I can enjoy but they harass me so much that i feel em brass to approach them. Now position is just like a daily wage earner.I never get a full fledge leave. Even I will not get a holiday on Dashami though there is DEVI DURGA is worshiped in our own house.On that day I have to join my duty.
Now my q is how can I overcome this problem..a senior govt employee will do such job day after day. Can't I follow or worship my religious work? I cant bear such mental pressure. Can I approach human rights commission to solve the problem?
For your information except leave there is no problem in the job. Sometimes I think myself a slave who have no entertainment and do your job regularly without any fault. My another q is what is the status of the residential employee.
I will remain ever grateful to you if learned lawyer show my the right path.
My mail id is tarkabando@gmail.com
With regards
Tapas banerjeeriven
Suresh C Mishra
11 September 2009 at 22:13
it order to remove the confusion i want to know whether the Labour Authorities like Assitt/deputy Labour Commissioner are appointed as auhtority under the MW/ PW ACT if yes from the date of notification ? and notification if any ? Whether they were in the year 1990 or not ?riven
Suresh C Mishra
11 September 2009 at 22:07
sir please provide me prescribed form application form and other related forms required under the EPF and ESI Act in a soft copy if available.
what is the procedure of late deposite of contribution in the both of the /////acts.riven
sunil
11 September 2009 at 21:25
Sir/ Madam
Kindly guide me wheather prathma degree of Hindi sahitya Sammelan,Alahabad is valid for centeral govt employement.is it equall to Matric.
Thanks.riven
SATISH KUMAR
11 September 2009 at 21:01
Sir,
my eldset brother was appointed as head constable on 03-01-1969 in CRPF.on 22-11-1985 he was promoted as Inspector.On 14-03-1984 an incident happened at manipur and he was post commander then.he was served a charge sheet on 14-07-1987 as responsible for this incident unders section 11 of the CRPF Act,1945- "neglect of duty".Enquiry was held. Enquiry report was not supplied to him even when requested. he appealed to the Disciplinary Authority his submissions w/o copy of the enquiry report.No show Cause notive was served upon him. His services were terminated on 31-10-1988.His appeal and revision within the deptt. were rejected with one sentence order. Then he approached courts of law. his suit was dismissed twice by two lower courts at Delhi. Then he appealed to the ADJ. The ADJ ruled in his favour. CRPF refused to comply with the ADJ judgment declared on 01-08-2005.State went in for Appeal to Delhi High Court on 02-12-2005 by filing appeal and appln. for condonation of delay for 20 days.His counsel did not file reply to the Appeal. But wanted to argue the case straight away.Till date the case could not be argued bcz the Judge kept on giving adjournments on one reason or the other.Kindly suggest course of action thru which the case can be put on quick hearing. Is there delay of only 20 days or more as per Law of Limtation applicable? secondly what steps are required now by the respondents in this case.he has now abandoned his lawyer bcz of causing intentional delay.may be both sides counsels are conniving together to ensure natural death of the case and against the respondent.Kindly suggest a specialist service matters lawyer (with address and mobi. no.) at Delhi High Court who would charge most reasonable fee as he does not have any money to pay as fee. Kindly also suggest leading case laws citations in favour of the respondent.
regards,
Yours Truly,,
Satish Kumarriven
Tushar Chowdhary
11 September 2009 at 17:15
"A" is an establishment covered under E.S.I.C. Act and "B" is an outside agency specialized in doing some specified job. "A" carried out some job work from "B". "B" has performed the jobwork with it's own manpower in it's own premises and submitted a Bill/ Charge of Rs. 50 Lakhs for its services rendered to "A". "A" shown the amount of "B" i.e. Rs. 50 Lakhs in their Books of Account as Processing Charge.
Whether "A" is liable to pay E.S.I. Contribution on this said amount???
Please quote your reply with the support of latest Judgement of Apex Court...
riven
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Compliances for sub contractor under contract labour Act
Dear Friends,
What are the compliances required to be done by sub contractor under contract labour Act,1970 as his registration is optional will it be beneficial for contractor if sub contractor gets licenceriven