Venkat Rao Marella
17 February 2010 at 11:06
Dear Lawyers,
I want to understand the point of time from which ESI enactment applies to a private company.
At present there is only one employee joined in a private company who comes within the purview of ESI.
As per one of the ESI official, ESI application will be accepted only when there are more than 20 employees for whom ESI is deductible. As of now, the company has only one employee coming with in ESI slab. Should ESI be deducted from the employee’s salary even though the company is not coming within the scope of ESI enactment?
If deductible from the employee, when should be remitted? (Since the application for registration will not be accepted, how can the same be remitted with the department?
If not deductible, what are the provisions of the Act which excludes the company from not deducting?
Thanks in Advance.
Venkat.
Adv. Mohan Chandra
17 February 2010 at 10:54
The Ld. Metropolitan Magistrate has closed cross examination of the complainant due to his absence over a long period, the Ld. M.M. has also refused to review the order on an application by the complainant, the complainant has now filed an petition for revision in the higher court.
The revision application was time barred on 11th December (3 months) yet the same has been filed in the higher court on 21st December and have made allegations against the lower court that the application has been filed late because there has been delay of 29 days from the office of Ld.M.M. to issue a copy of the order I have verified the court records but there is no such application filed by the complainant for copy of the order so how the complainant/petitioner can claim there has been a delay. The complainant/ petitioner has filed a copy of the petition now in the lower court and the lower court has also taken no objections against this false allegation.
Further the complainant has tried to play truant by not giving a copy of the petition to the accused/respondent and informing the lower court too after two hearings had already happened. When verified in the higher court it was found that the petition is pending for order on next hearing due to the absence of the respondent. The complainant/petitioner has done this purposely for a favourable order from the high court in the absence of the respondent.
Please advise how to handle this tricky situation.
Sarvesh Kumar Sharma Advocate
17 February 2010 at 10:26
wht is the difrence penal lawyer and legal advisor.
clifford john coelho
17 February 2010 at 10:18
SIR ,IN THE CONTRACT LABOUR ACT ,THE REPRESENTATIVE OF THE PE HAS TO BE PRESENT DURING DISBURSEMENT OF PAY.
1)MY QUERY IS WHY IS THAT NOT FOLLOWED IN THE MINIMUM WAGES ACT.
2)WE ARE ONLY 2 WORKMEN ON A SEPARATE REGISTER .
3)WE ONLY GET MINIMUM WAGES AND WORKMEN COMPENSATION ACT.
4)IS IT NOT MANDATORY FOR THE PE REPRESENTATIVE TO REMAIN PRESENT DURING PAYMENT TIME ?
THANKS IN ADVANCE
Suchitra. S
17 February 2010 at 10:08
Respected experts, I want to know which branch of LLM is most preferred and highly appreciated? As I am in my final semester, I have to decide on this. I know the branch I choose depends on what I want to do with my LLM but still there must be some field which is fetching more weight-age than the other.
Anonymous
17 February 2010 at 09:08
i work in a state government office, where violation of above sections are frequent. i want to make complain against such practices.can i write a letter to my superior officer to take action as i strongly believe that such things are happening?
Dr G V Rao
17 February 2010 at 08:41
I have been collecting information under RTI from an Central Govt Organisation from the year 2006. The last information which I received was in August 2009. The offenses are continuing still since 1999. After collating all the information I have made out a good case of misappropriation of Rs 70 Crores by 17 officers of the department. I filed a private complaint in the local CBI Court. The Hon'ble Court returned my complaint stating that I have delayed in filing the compliant. My submission that the offences are continuing and that I had to collect nearly 60 correspondences to prove the guilt of the accused and that I received the last information implicating the accused in August 2009, has not convinced the Court and it has set it aside. Further I received CAG reports pertaining to the organization from the years 2000 to 2008 and it was voluminous to study and corroborate it with my complaint. Please advice whether their is any time limitation to file a criminal complaint u/s 405, 409, 418, 420, 465, 466, 468, 471 r/w 120 B, 477 A, of I.P.C.
I feel that I am right and that their is no such thing as delay in filing the complaint since all the officers are still in service. Please help me with citations so that I can appeal in Higher Court.
mahendrakumar
17 February 2010 at 06:51
Is it an offence to publish the details of a case under the consideration of a consumer court?
If so,who will be blamed :
a)the reporter/media
b} the complainant of the consumer case
Swami Sadashiva Brahmendra Sar
17 February 2010 at 01:09
Is a magistrate required to go through case diary ignoring the remand application of IO ? does rejection of remand application amounts to interference in investigation ?
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RTI Act, 2005
Respected Sir,
An applicant has requested to CPIO & Income Tax Officer regarding information of movable & immovable property of the ITO under the RTI.
At this juncture, I would like to ask that can CPIO reject application taking benefit of exemption provided U/s.8(1)(j) of the RTI?
If yes, then please kindly provide judgement of Central Information Commission on this issue which in favour of the applicant.
Anticipating your kind advise in this regard