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sachin agarwal   11 February 2017 at 22:05

Provident fund

Applicability of the provident fund upon an establishment under the provisions of the EPF act, 1952 on the sole basis of report filed by the enforcement officer is not proper because there was no proper enquiry under section 7A of the act, 1952 was conducted by the enquiry officer in accordance with the provisions of the act is applicable upon the establishment and without given the opportunity to the employer to examine such employees and also to examine the report filed by the enforcement officer including with to examine the enforcement officer who prepared such report because without following the rule of natural Justice. The enquiry as well as the report cannot be say in accordance with the provisions of law therefore it is necessary on the part of the enquiry officer to conduct the enquiry under the guidelines issued by the various superior authorities and under the provisions of 7A of the act, 1952. In case there is no justified regions given under the enquiry by the enquiry officer, then the such inquiry cannot be said a proper inquiry and same is liable to be quashed.

srinath   11 February 2017 at 21:43

Fake sc certificates regarding

Whom is authority to whom should i complain about the fake sc certificates.In our district Tasildhar issues the certificates.Should i write any petition to National Commission for schedules castes.Pls explain me in detail??

asdf   11 February 2017 at 21:01

Improper use of letterhead

A person was working with a company for few years and had quit in Jan, 16. However he did not get any reliving letter and any experience letter. The person arranges the said documents from the office through his office collegues on company letterhead and gets them signed from his collegue as authorised signatory however does mention in it that he had worked there till May, 16. The employer comes to know about the same and is planning to take legal action against the employee who had quit the job. What are the options available with the employee if the employer files a case against him and the employee accepts his mistake

shubham   11 February 2017 at 20:46

Advice regarding service and labor law for central civil service group"a"

Dear sir

Myself Shubham Agarwal, Assistant Executive Engineer in Border Roads Organization. I was appointed on 12 Jan 2016 through UPSC Engineering Services Examination 2014. Since then i am discharging my duties upto good level.
I am working in remote area where temperature is subzero and other working condition are not good. I have develop some problems in my spine. Because of some problems with my Officer Commanding ( Army Major) I decided to go on Medical leave as prescribed by Orthopedics Surgeon at gangtok.

Sir i worked for one full year and the taken 3 month leave ( 48 EL+ 28 HPL+ 14 EOL). Sir due to bad working conditions i want to remain in medical leave for another one and half year and want to prepare for another attempt to ESE 2018. Sir due to my family conditions i can't afford loosing this job and want to study again.

Sir i want Your advice on some major points-

1.The appointing authority terminate the service on medical grounds( Medical certificate from civil surgeon need to be furnished).

2.Would department initiate any inquiry? If department thinking about termination would they provide me sufficient chance to rejoin me again in service.

3. How much Maximum time i can avail on EOL. Also best suited method for availing Maximum EOL.

4. If department wants another medical opinion for approving leave then what i need to do?

5. Once appear in another exam and got selected then if i apply for resignation from service would department object or reject the application or would not provide NOC.

6. What are the points i need to take care before joining another service if i got terminated or remain in this service with EOL.


I am subjected to some army acts and rule which are only for disciplinary purpose and subjected to only minor punishments. CCS rules are applicable for all purposes.

Sir please provide your rightful insight to me and help with your advice and suggestions.

Thanks for your time and considerations in advance

Yours Sincerely



Shubham Agarwal

Dr Shahid Nadeem   11 February 2017 at 19:21

Zero FIR

Respected Experts....There are two jurisdictional area of a criminal matter. The matter is of illegal appointments by making ante dated Documents in a school....One area in which a school is situated and forge Documents regarding advertisement, interview, appointments order, joining report and fake muster roll are prepared.... Second area is a district place of Education Office, where all these documents were presented along with a proposal from school to seek approval and grant of salary to such illegal appointments.Accordingly Then suspended corrupt Education Officer has granted salaries to those illegal appointments in 2014 despite of ban on recruitment and ban on grant of salary from state Government....

Now I have collected all the documents regarding these alleged appointments and FIR has been registered by me at jurisdictional area of District place where education office is situated , but PI has registered FIR as "Zero FIR" & send it to the area where school is situated.....

My query is that as I have received copy of FIR from District jurisdictional area and sign

Dipa   11 February 2017 at 18:48

Lawyer

Dear Team,

Can you suggest name of Sr.Lawyer in civil from howrah court.

Regards,
Dipa

mahmood mithani   11 February 2017 at 18:03

Can society form a rule not to carry furniture & materials in the lift?

Our is a housing society - we have 2 wing - A & B , both wing terrace is not connected hence can not use the lift of other wing in case of emergency.There is one lift per wing. The building is a 7 storey building.Recently society passed a rule that a member cannot carry any materials require for the repair/ renovating his flat & also cannot carry his belongings like furniture, and household materials in case of shifting or in case of buying new one,we are forced to use staircase in case of buying of new furniture or buying of any materials.My question is this rules is justified? in the books of law? or we can challenge this rule as per the law

Varun   11 February 2017 at 17:33

Temporary interim injunction suit

When will an injunction suit be dismissed or withdraw???

kumarjainn   11 February 2017 at 16:53

Cooperative society

sir
i am a original member of cooperative society since 1991 in ghaziabad U.P. 250 members formed a society for getting a lot in the society measuring 100/150/200 sq yards. Instead the society started construction of flat in the society and 7 towers of 20 floors each are erected in the plot. there are 250 members in the cooperative society. 1200 flats are being built in 7 towers. The flats will be sold to non members. the society made an agreement with the builder to construct the flats and give one flat to each member who own plot and sell the rest to non members to get his cost recovered. Now the society sent a demand note for deposting Rs. twelve laks to members in lieu of flat at concessional rate. The byelaws have not been changed.
Is it not illegal to construct flats in the land . when the society is of plot.
how can they sell flats to non members.
President and secretary have been dismissed for irregularity in the society. they made 572 members who could not get registered in Lucknow Cooperative office as the membership could not be increased from 250.
what to do . they have taken huge money from these members in a separate bank account in the name of society. the money is not accounted in the society and the bank balance is nil in that account . Out of 250 original members the around 100 memebrs resigned from the society in the year 2006 and new members were made in the society. The society terminated the memebrship of 100 members when their illegal demand notice was not deposited by the members. The membership of these 100 members was restored by court order. At present the society does not have a quorum of two third members required to attend the meeting for amendment in bylaws. what is the fate. will we get plot or have to take one flat or all 1200 flats have to be distributed/sold to 250 members.

sajoli   11 February 2017 at 13:27

Termination of leave and licenses agreement

The tenant has transferred his tenanted premises on the basis of an agreement with the landlord (already expired). The agreement is captioned LONG LEASE TENANCY AGREEMENT and has a mentioning that the tenant has permanent long lease rights. Now new landlord is not traceable.

I have also paid some portion by cheque for transfer of permanent lease rights in my favor and possession was handed over to me.

Now I have received the leave and license termination notice from the tenants advocate that the amount I had paid for transfer of lease rights is adjusted against the licenses fee.

In the above matter leave and license agreement was never created and on my denial in reply of the tenants advocate notice, tenants advocate is making submissions that he has no power to sell the premises as he himself is a tenant.