mukesh
11 July 2008 at 18:49
I was working in a multinational company for +14 years. I was issued termination on 21 April 2008 on the reason that I had refused to accept deputation.
Till time I have not received provident fund, LTA amount and compensation amount.
Please advice me how to approach court for the justice and the attorney firm which are specialised in industrial law with reference to termination.
Eliza Rumthao
10 July 2008 at 16:01
Dear Team,
I wanted to know, if an Indian lawyer can be an employee in an NGO or non pro-fit organisation to represent the third party/any party in the court under an advocates Act. If so, under which statues,Act or case law? Can a lawyer who pratices in the court, in India could enjoy a medical reimbursement under a retainer agreement?
Arihant AC
08 July 2008 at 11:59
Dear All
I had recently filed my problems yet not get any answer. Again I want to say that in our Company recently P.F. Inspector has made visit regarding to check P.F. returns like Challans, 12AForm 5/10, Form 9, Form 2(EPS) & other related forms along with Muster Register & Salary Register. In which he makes excused that 50% of minimum wages is not allowed in PF. Our Co. is giving 50% basic & 50% other allowances like Fixed HRA, Transportation, Washing, Mobile, Canteen, Special Allow, Others Allow & Salary Diff if any. in which PF is deduct on BASIC + DA, Special Allow, Other Allow & Salary Diff. While ESIC is deduct on Basic + DA, Fixed HRA, Washing Allow, Canteen, Special Allow, Other Allow, Other Allow. During the visit of ESI Inspector he has also checked salary Register but he dosent say any thing & just make sign on it with his stamp. I want know that why PF Inspector ask to paid PF Contribution on Allowances also ? Please send me reply at earliest as it is most urgent.
Rajaram C Iyer
07 July 2008 at 21:55
Can any one tell me what 4 PS and 5 PS form is all about?
aj
06 July 2008 at 14:30
i had one employee in my office.the firm registered is filing nil sales tax returns for the last 3 years.no appointment letter is given or any registers are maintained.EMPLOYEE HAS SENT A LEGAL NOTICE THROUGH LABOUR OFFICE THAT HE WAS WORKING AS EMPLOYEE WITH US FOR THE LAST 20 YEARS,NOT SURE OF WHICH 3 DIFFERENT FIRMS ON OUR OFFICE ADDRESS ,DRAWING 2,500 MONTHLY SALARY.HE CLAIMS THAT WE HAVE MADE HIM SIGN FAKE VOUCHERS/BLANK PAPERS,ETC AND HAVE THROWN HIM OUT WITHOUT PAYING HIS ARREARS.
HE HAD BEEN COMING TO OUR OFFICE AS A JHALLI WORKER(TO GATHER DELIVERY CHALLANS TO BE GIVEN TO TRANSPORTERS KEEPING HIS COMMISSION UNDER FREIGHT CHARGES.HE WAS PROBABLY DOING THE SAME WITH MANY OTHER TRADERS.AT TIMES OF RAIN,HEAT,ETC HE USED TO SIT AROUND OUR OFFICE AND SOME TIMES STAYED OVERNITE IN A SEPARATE ROOM WITH US.WE ALLOWED SO FOR OUR SECURITY PURPOSE.IN THE TIME BEING HE WAS GETTING LETTERS FROM LIC,VILLAGERS ETC DELIVERED AT OUR OFFICE WHICH WE DID NOT OBJECT .HE HAS SOME RELATIVES WORKING AROUND WHO ARE READY TO GIVE THEIR STATEMENTS IN COURT AS WITNESS.
OUT OF 3 FIRMS STATED BY EMPLOYEE,1 FIRM IS NOT OPERATING FROM THAT ADDRESS,HAVING TURNOVER OF 1-2 LAC.
2ND FIRM IS AN HUF FIRM WHERE NO TRADING TAKES PLACE ,BUT HAS A SAVING ACCOUNT FROM THE OFFICE ADDRESS WHERE SOME BEARER GHEQUES WERE ISSUED TO HIM FOR LOAN FORWARDED TO HIM OR TO WITHDRAW FOR OUR PERSONAL PURPOSES.
3RD FIRM IS FILING NIL SALES TAX RETURNS FOR LAST 3 YEARS.
NO APPOINTMENT LETTER IS ISSUED.NO RECORDS ARE MAINTAINED.
HE CAME SOME 18 YEARS BACK,THEN VANISHED ,NOW COMING FOR THE LAST 6-7 YEARS.
WE WERE READY TO PAY HIM SOME COMPENSATION TO AVOID LEGAL PROCEDURES,BUT HE CLAIMS HIGH COMPENSATION OF AROUND 35,000.PL ADVICE URGENTLY WITH RESPECT TO DELHI LABOUR LAW/INDUSTRIAL ACT DISPUTE
1. HOW MUCH SHOULD I PAY AS SETTLEMENT CHARGES?
2. HOW MUCH CAN THE LABOUR OFFICE ,LABOUR COURT,DEEMED EMPLOYEE ,LABOUR OFFICER,INSPECTOR,ETC ASK ME TO PAY UP?
3. HOW STRONG IS MY CASE?
Amit
06 July 2008 at 14:15
What are the comparateively benefits to get registered in SSI/MSE,is it essential for any manufacturing industry to get registered in it.
1.What is the loan amount a bank can given on 10 Crore Rs.(for Pharma manufacturer)?
2. What is the rate of subsidy?
3. What is the rate of Excise exemption?
Lakshmi Sankar
06 July 2008 at 11:26
One of my friend joined in a college with an agreement submitted her certificates, and written agreement as pay 3months salary when leave in middle of the academic year.
The employer not given any appointment letter. The work environment is harassing and mental torture. Actually the Librarian have one attender or Record assistant to persue his duties but they are not given any employee for those perposes also.
how she can leave the institution.
Sandeep Kapoor
04 July 2008 at 13:45
I was employed at Kinetic Engg Ltd at Delhi as a Regional Sales Manager between Sept 2001 to Apr 2004.
There was lot of politics in the company and some of office people plotted against me and I was sent on leave in Apr 2004 by the then Joint Managing Director
Sulajja Motwani with a verbal assurance that I will be given another assignment at Head Office in Pune within next 15 days. I agreed and went on leave and
after 15 days I was denied any assignment in the company and the then HR Manager started asking for my resignation on phone. I refused and they stopped my
salary and other office reimbursements.
I kept on following up through email and registered post letters to the company but there was no reply. Then I got fed up and submitted my resignation and
asked for speedy clearance of my dues. But the company didnt clear any of my dues including and PF was also not given. In the meantime I withdrew my
resignation and asked them to reinstate me in the job. The company refused and started putting allegations of lack of responsibility on me, which they had
not done earlier.
I moved court on the grounds that since I have withdrawn my resignation before acceptance and full and final clearance by the company, I should be
reinstated. Now the case in pending in court and dates after dates are being given but no justice. In the meantime neither the company has paid me my dues,
salary or PF and not relieved me, nor they have reinstated me.
I fear the case will go on for infinite time and I am not able to get any gainful employment anywhere else diue to this and am not able to support myself and
my ten year old son. My wife has deserted me after I lost my job and my son is being raised by my old parents of 70 years.
I am staying with an old friend of mine who is bearing my day to day expenses. Since I have no capital I cant start even a small business to support myself.
In nutshell my professional, personal and social life is totally ruined. I am under deep chronic depression and need help.
Is there any provision in Indian Laws by which I can get speedy and time bound justice in this case.
Please help me.
A distressed soul.
Regards
SANDEEP KAPOOR
+91 9999 35 88 57
Bal Kishan Maheshwari
03 July 2008 at 19:35
is it mandatory to employer to deduct ESI on labour Overtime Payment
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supervisor
sir,sec2(s)of indian labour law defines that a labour may get work on the following category
(1)manual
(2)clerical
(3)skilled or unskilled
(4)operational
(5)supervisor
(6)technical.
If a person comes under any one of the following descrition work mode than the person should be termed as a labour.But on the part of supervisor there is a provision that a person who gets a salary of more than Rs.1600/month as a salary means then the person didn't comes under the term labour.By keeping this salary slab supervisors are likely affected due to thIS provision.Nowadays no one get the salary of Rs.1600(it is quiet low).But whats the reason for keeping this salary slab?