Mangesh
05 May 2016 at 11:06
Sir I am selected in IB in the post of security assistant in 2012. Before that I told selection committee to crimal case registered on me under section 409, 420, 467, 468, 34 and also mentioned in attestation form provided by IB department. Till date they not give appointment order or any communication in the reason of criminal case registered on me. The said case under trial since 8 years. Please help me. I belongs poor family and SC category
Rahul Bale
05 May 2016 at 10:34
sir , i have purchased land in lohegaon pune it is agriculture non development zone, size of plot is 1000 sq.ft. , i have registered sale deed copy also , but tashildar has not ready to 7/12 extract in my name , plz guide me & what is procedure to transfer 7/12 extract in my name
Nandhakumar K A
05 May 2016 at 10:16
Dear Sir/s
The monthly wages of few of the contract workers stands exceeded Rs.15000/per month and come out of the ambit of ESI Act. I solicit you learnt opinion as to the scope of filing a Writ before the Hon'ble High Court seeking a direction to ESI Corporation to extend voluntary coverage under the ESI Scheme for these contract workers premising on the following grounds, by return mail:
· That the ESI Act, being a welfare legislation envisaging comprehensive Social Security Scheme, is socially protecting the 'employees'. The basic objective of the statute is to provide certain benefits in the event of sickness, maternity and employment injury to workmen (and their dependents) employed in Factories and other establishments come under its ambit.
· That once a factory or an Establishment is covered under the Act, it continues to be covered notwithstanding the fact that the number of persons/ coverable employees employed therein at any time falls below the required limit or there is a change in the manufacturing activity.
· That an employee who crosses the ceiling limit prescribed by the Central Government (Rs.15000/) in any month at any time after commencement of the contribution period, he/she would continue to be an employee till the end of that contribution period. Though there is a ceiling limit of wages for coverage of an employee, there is no ceiling limit in the definition of wages for payment of contribution. Hence, contribution is payable on the total wages without any ceiling limit.
· That there is no rationality or justification in denying coverage thereby depriving the benefits envisaged under the Act to the employees merely because of their wages getting exceeded by even 1 rupee from the existing ceiling fixed at Rs. 15000 under the definition of employee under Section 9 of the ESI Act.
· That the deprivation of the benefits to the workmen on the above sole ground (wages) defeats the very objective of a welfare statute.
· That the clause stipulating quantum of wages for coverage is not a prohibitory clause, rather, only a restrictive clause.
· That in the instant case, neither the employer nor the employee have any objection whatsoever as to the voluntary coverage of contract workers whose wages exceeded Rs. 15000.
· That it is high time to enhance the the wage ceiling for coverage, which now stands at Rs.15000/, taking in to consideration of the present day reality, though the matter is still pending with the Central Govt.
· That the term 'exempted employee' defined under Sec 10 of the ESI Act merely denotes an employee who is not liable to pay the employee contributions. The exemption limit with effect from 01.07.2011 is Rs. 100/per day. However, employer's contribution is payable on these wages.
· That there is an inherent provision in the Employees Provident Fund and Miscellaneous Provision Act 1942, which is also a welfare statute, for the voluntary coverage of employees whose basic wages exceeded the prescribed limit by moving a joint application by the employer and employee.
· That the Govt. of India have already initiated a move to expand the coverage of beneficiaries under the ESI Act even extending the benefits under the statute to autorikshaw drivers with an annual contribution of Rs. 3000 from their side.
Reference on Case laws, if any, in the matter, would be highly appreciated.
Regards
Nandhakumar K A
Ramesh
05 May 2016 at 10:09
Sir I was suspended on 09/06/15 dept chargesheet given on date 28/07/15 and a response is submitted on 05/08/15 and before intimating me they lodge fir on same fact on 10/08/15. After that my suspension is continued and dept enquiry initiated on 05/10/15 but after that no progress it is hanged and on 09/12/15 police submitted challan in sec 406,409,420 without any documents but only on basis of oral statement and take the sanctions of prosecution by incompetent authority. And dept enquiry chargesheet is also by incompetent authority. And there is no posting order for my that position for which I alleged but my posting order for another place by competent authority for completion of probation. What can I do pls suggest.
shakti
05 May 2016 at 08:29
I am a hindu boy and i want to marry a muslim girl...we both have eligible age of marriage.....but our parents are strictily against......it maybe honour killing...what to do sir.....pls guide.....we cant live without eachother.......my g.f. tried to attempt sucide .
sambhavi sekhar
05 May 2016 at 07:40
Sir I am latha I'm putting case 498a and maintenance against my husband it is almost final stage. My Lawyer telling I am only getting 3000 or 5000 frome my husband but he is enjoying with his illegal contact women and her daughter all his retirement benefits 40 lacs, 2won houses, 4plots,bank deposits and 70000 of salary in present working company. Me and my daughter is on road now. Sir wife have no rights to get share in husband property? If any way please give me information
PRASHANT
04 May 2016 at 23:41
Dear.
I want to register a software company.
My plan is to provide web development
,software development service
Computer courses , certificate courses, and computer hardware
All type of tenders relates to computer in govt offices.
So please suggest me.
Jackson
04 May 2016 at 20:59
I have kept my self earned money in my father's & mother's name in fixed deposit in banks.
Unfortunately my father passed away 6 months back & now my mother claims that all the money is of my father and she should get all the proceeds of Fixed Deposit.
Can she become the absolute owner of those funds, though they have been fully out of my earning?
What is the course available for me.
Would appreciate your guidance.
Regards,
Jackson
koteswara rao jonnalagadda
04 May 2016 at 20:25
respected sir,
i have purchased a house plot at hyderabad in 1992,now i have checked the measurment of the plot since i planed to sell it.on my verification i found that all the three nighbours occupied my land@1 feet in all the three directions and constructed compound walls long back,when i approached them one nighbour accepted and removed compound wall and constructed new one with correctios the rest of two are not accepting to hand over back to me,how i can recover my land from them.
koteswararao.j
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
birth certificate
pls radvise thanks pls radvise.thanks
pls radvise thanks