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sundararajan   13 June 2009 at 12:25

Service Agreement

Could any tell me what is stated in labour law about service agreements.

Usually with regard to notice periods the appointment orders say " compensation from either side".
But in service agreement , generally the clause is about compensation from employee side only.So there is a opinion these service agreements will not stand valid in the courts as labour law says " an employee cant be foreced to work "

What is your opinion ?

Jaydeep Kurup   13 June 2009 at 11:37

Minimum Wage Notifications - MOST URGENT

Dear All,

Can anyone urgently help me with the latest Minimum Wage notification for Maharashtra, Karnataka and Andhrapradesh. Its really urgent.

Thankyou.

K.S.Srinivas   11 June 2009 at 11:01

Can the Govt.employee claim promotion as a statutory right?

I am working in PSU of State Government of A.P.

The method of recruitment and qualifications for filling up of the Joint Secretary is as follows:-

Method of Recruitment : By promotion from the cadre of
Deputy Secretary.

Qualifications : i) Must be an approved probationer as
Deputy Secretary.

ii) Must have worked as Deputy Secretary
for 2 years.

Further, it is ordered that :-

“The Joint Secretary post shall be downgraded as Deputy Secretary as and when the incumbent vacates the post on superannuation or otherwise.”

“The Joint Secretary post shall be filled up as and when any one of the Deputy Secretaries become eligible.”

At the time of retirement of the incumbent holding the post of Joint Secretary on 30-6-2007, I have completed 1 year and 10 months in the cadre of Deputy Secretary. As no eligible candidate is available for promotion to the post of Joint Secretary, it is downgraded as Deputy Secretary in July 2007. By August 2007 I completed the required service of 2 years in the cadre of Deputy Secretary for promotion as Joint Secretary and I am the seniormost Deputy Secretary eligible for promotion to the post of Joint Secretary. I am fully qualified and eligible for promotion. I submitted number of representations to the concerned authority for considering my case for promotion as Joint Secretary by upgrading the Deputy Secretary (which should be done as per the existing rules). No action is being taken by the authority. What is the remedy for me? Can I claim promotion as a right? Please show me the ways for promotion.

Legal Eagle   09 June 2009 at 17:41

Charitable Institution

Hi, every one. Is a charitable institution whose objects is to give grants to individuals and NGO's governed by the Industrial Disputes Act, 1947. If so and if not is there any relevant judgment to cite.
On perusing the Bangalore Water Supply judgment, it indicates to some extent that charitable institutions are governed by the industrial disputes act, however, the work of the charitable institution is not defined.If we read the definition of Industry as per S.2(j)(4) of the ID Act, 147, as per the Act 46 of 1982, an institution engaged in any charitable work is excluded.
In my case, my query is that the Trust gives money to aid the poor and NGO's there is no profit making at all.Does the employees of such Trust be governed by the ID Act,1947?

Please reply, very urgent.

Hari Om   09 June 2009 at 10:18

Payment of Gratuity

my service with the company will complted 5 years on 30.06.2009, i want to left the job, please tell me about payment of Gratuity, if i resigned to there is any effect on my gratuity payment
regd's
Hari Om Sharma

P.S.Subbaraman   09 June 2009 at 09:28

Factories Act

When a statutory appeal is preferred under Sec 107 of Factories Act before the Chief Inspector of Factories.Even before the disposal of the Statutory appeal by the Chief Inspector of Factories .Can the Inspector of Factories commence prosecution ? Are there any case laws on this subject ?

anshul sangal   06 June 2009 at 22:03

Query regarding ESI

Sir i have two query regarding ESI.
First is by whom contribution is paid whether it is immediate employer or principal employer?
What is mean by contribution period under ESI

P.S.Subbaraman   06 June 2009 at 21:43

ESI

Is Employee State Insurance Act applicable to a factory which is a mine related industry. Are they exempted ? Are there any case laws on the above subject ?

vir   06 June 2009 at 08:08

right of equal compensation for equal job

In UPSC lateral entry for the post of Dy Directors ..salary settlement anamoly is observed--
* candidtaes selected for same post throgh same interview have different Basic paid .reason told .....few are from navratna PSU companies and few were from group B pSU. Basic difference is about rs 17000-20000=00 . Is it not utter violation of right of equal pay for equal responsibilty and equal job and above all posted at same place.
* This is true story of Dirctorate Genral of Mines safety new recruits in the year 2007/2008/2009.
*I need your expert help to fight for right. Vir Pratap
Dy director , ministry of labour and employment , DGMS

rahul   05 June 2009 at 15:00

maternity benefits

i had been in company for 172 days before appling for maternity leaves.in last 172 days i was on leave for abour 35 days as medical leaves without pay.my company is not giving me maternity benefits as it is deducting 35 days from 172. thus making it less then 160 days required in the act. kindly clarify about the case.