Labour & Service Law queries [Resolved] [992]

Under the PF Act, the principal employer is liable for deducting and remitting the PF contributions of not only its employees but also that of contract labour. Is this applicable even when the contractor engaged by him does not deploy more than 20 persons and is not covered under Act for registration and for obtaining PF code. If that is the case, where will the PE will deposit the contributions of contract labour where PE is an exempted establishment. What remedies are available.

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anshul sangal 02 May 2009 at 17:16

Basic wages,employee and employer

Sir can u define basic wages,employer and employee under Employees provident funds act 1952

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rgurucharan 30 April 2009 at 16:16

MESS IN OUR INSTITUTE

Dear sir,

Our is a private trust, running the management school. We provide the mess facility for the student who reside in our hostel. We collect the mess fees also for the same.

Our institute is registered under the indian trust act 1882.

Pls guide me the provisions applicable to run a mess and also the following rules and regulations to be adhered to run a mess. our office is in karnataka (banaglaore).

with regards,

R. gurucharan.

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kamal Jangid 30 April 2009 at 12:00

ESI Applicability on Service/Consultancy Comopany

Simply reading provision of ESI Act Factory means manufacturing unit. And extended to establishments, such as, shops, hotels, restaurants, cinemas, preview theatres, motors transport undertakings and newspaper and advertising establishments etc.

Now i want to know is service provider is come in the preview of ESI as from above provision is not seems covered ??

Thnaks in advance

Kamal Jangid
Kamal_jangir96@yahoo.com

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Biplab Swain 28 April 2009 at 17:28

Please Advise if I can file the case in Orissa

Before bothering you with my querry, Please allow me to describe the situation.

I was working with a courier company which has changed its name 3 times in last 12 years. My term is 12 years. I was dispensed with without assigning any reason in July 2008. I need to file a Gratuity & unpaid dues case now as all my communiqueue during this period has gone unheeded & the company is adamant to pay. I'm now staying in Orissa as there is a danger to my life in Delhi from the company's goons. Following are some important developments in my case:

1. The company doesnot issue Appointment letter till my dispensation. However, they have issued back dated Appointment letters after that. But my letter to the management has well documented that before my dispensation.(I can prove that it is back dated).

2. The company, during the course of my VISA application did issue letters to different consulates describing my Service periods.

3. I was employed in Delhi(They dont have any office in Orissa). However, the Memorandum and Articles doesnot speak anything about the jurisdiction, yet the appointment letter to other staff does mention that they can transfer anybody to anywhere in India, yet is again silent about jurisdiction in case of disputes.

4. While I was dispensed,I have been physically attacked & verbally threatened over Phones (Even in Orissa) by the company's goons. The same has been lodged with Delhi Police at Dwarka & Naraina with Diary entries.

Now the question is :

1. Since there is an iminent danger to my life in Delhi, How can I file my Gratuity Case & Unpaid dues case in Cuttack.

2. Furthermore,I dont have any mode of income as of now & am unable to fight a case at Delhi. What would be the recourse for the same.

3.I do have enough Documentary proof to prove my case beyaond any foreseeable doubt.

4. Is there any case which can be refferred for my aid & help?

Thanks
Biplab

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kamal Jangid 28 April 2009 at 16:59

ESI Applicability Branch wise or company wise

During review of accounts of one of our clients i find that they did not paid ESI.
As per their HRD as they are not having more than 20 person at one place they are did not cover.
However they have 6 branches in different states and total no of employees including branches is more than 50.

MY quaery is:-
1) IS they covered ?
2) If they covered than they did not paid yet any amount so they have to paid arrears with interest or there is any other alternatives ?

Thnaks in advance

Kamal
Kamal_jangir96@yahoo.com

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