Isaac Gabriel
31 January 2016 at 17:49
The date of birth of an employee was recorded as 19-12-1945 at the EPF office. But his actual date of birth is 19-12-1944. The mistake has been traced only now as the employee applied for weightage in pension.The EPF office refuse to correct its records stating there is no provision for making corrections after a lapse of 12 years.The EPF Appellate Tribunal also declined stating such cases are not taken up at the Tribunal. What is the remedy?
Peethambaram P
31 January 2016 at 16:15
One of my family members have purchased a Property throgh e-auction under Sarfaesi Act 2002U/s 13 Rule 12. Eauction date 29.6.15 balance paid by raising a loan with the same Bank on 13.7.2015. Bank issued Sale Confirmation letter on 30.6.15. Property registered in the name in July'15. But later on we came to know that the property is under lock and key. Bank filed affidavit before CMM for physical possession.(1) Who has to bear the legal and other expenses for the proceedings for physical possession? The Bank or the Bidder/borower? (2) Whether the bidder/borrower can claim refund of interest on the loan applied till the date of handing over physical possession?
Abhra Roy
31 January 2016 at 15:54
Bank filed a suit against us in July 2012 at DRT, after passing 15 months sometime April 2013 they wrote a letter to us to meet their higher authorities at their HQ accordingly I meet them and discussions was held before honourable ED and two DGM’s but no tangible result come out. Our compensation claim was 5.2 crores. We filed a damage suit at High court in April 2014 against the Bank, One copy of the writ of summons with plaint 11th April 2014 served upon the defendant. At the request of my advocate in the above suit, the court inform us that, the defendant has not entered appearance either in person or by advocate till June 2015
Now we are completely in dark as we are not getting any light from our lawyer what should we do next is there any hazards like time limitation factor or some other reasons to be faced by us, why we are not going ahead asking a decree x party? Please advice us what appropriate should to be done to achieve the goal in the above.
BHAVESH Y KAYASTHA
31 January 2016 at 15:23
if couples got married just before one month and if they want to take divorce how it can be possible.
moreover in what property wife can ask for his share in her husband property. wife can ask for share in husband property in his heritated (ancestral) property if yes upto how much extent. what is the excat rules for wife share in husband property. wife can ask share in both moveable and immovable property of husnband. wife also can ask for maintenance from his husbands employee provident fund and public provident fund accounts.how husband can save his property from his wife share because if wife is asking for wrong demand.
Chaitanya
31 January 2016 at 15:11
Hello all respected experts.
I have queries relating to a case. I wanted your invaluable opinions on this case. Would be highly obliged.
In an organisation incorporated under the Companies Act, 1956; there was an employee who was appointed as the Director of Academic Research. He was appointed in the London Branch of the organisation. The organisation was an academic organisation that was for profit and had the business of coaching students.
He was employed on a contractual basis for a minimum of 3 years and he could not leave the organisation before 3 years as per the terms of the contractual agreement signed by Mr. A, the appointed director of Academic Research and the management of the company.
It is clearly stated in the agreement that Mr. A has to complete a minimum period of 2 years before deciding to resign and has to give a notice of 3 month before resigning. And it i stated that if any dispute arises pertaining to any term in the agreement in future, the matter shall be referred to arbitration wherein 3 arbitrators shall be appointed. One from the employer companies side, one from Mr. A's side and the third arbitrator will be appointed by these 2 arbitrators so appointed.
Mr. A was appointed in the company in December 2012. After 31st March, 2013, Mr. A stopped attending the meetings and was served notice to attend the meeting on 10th June 2013. On 15th June 2013, Mr. A sent his resignation to the company, which is before completion of 2 years from his joining.
The Company, in a responsive against this act of Mr. A, which violated the arbitration clause, appointed an Arbitrator from it's side and sent a letter to Mr. A for appointing his arbitrator. Mr. A did not reply to this notice.
Mr A had access to the proprietary notes and material information of the organisation and concerning the safety of these documents, the employer organisation approached the Bombay HC and pleaded this fact. Mr. A rebutted that Bombay HC has no jurisdiction as Mr. A is a British national.
The company revoked it's pleading and filed the same in SC of India. In it's pleading before the SC, the company stated that that Mr. A should not misuse the documents and that he should appoint an arbitrator from his side as per the provisions laid in Arbitration and Conciliation Act, 1996.
Mr. A says that his services are not of commercial nature and that he is an employee of the organisation and that his services are not commercial in nature.
I would request the experts to guide me as to
i) what pleadings can Mr. A put before the
Hon'ble SC of India?
ii) Are the pleadings of the employer organisation before the SC justified?
iii) What are the actual legal rights and obligations of each of the parties?
The organisation is the Appellant and Mr. A is the Respondent in this matter.
sachin agarwal
31 January 2016 at 14:12
This is the settled law that overtime allowances are excluded from basic wages in terms of the provident fund contribution under the act, 1952. Section 2(b) of the provident fund at has expressly excluded overtime allowances from the definition of basic wages under the provision of the act, 1952. There is genuine distinction between normal and additional working hours and such a distinction should not be made a device to deprive workers of the provident fund. Therefore, remuneration paid for additional working hours and payment of overtime allowance is not included in basic wages. That overtime has not been defined and therefore for the meaning of overtime or the definition one has to look into the dictionary meaning or the Precedents if any. According to Chambers, overtime would mean time employed in working beyond the regular hours and work done in such time of pay for such work and according to Webster law dictionary, means time in excess of the that limit or working time in excess of standard day or week. It is very much clear from the definition of various dictionaries and various opinions that overtime is something which is done not on time but thereafter.
Cases was rightly held that plucking of extra leaves within working hours was not overtime but overwork under time.
That it is also settled position that good work Reward is not overtime but overwork under time.
That the act, 1952 is for the purpose of socio economic object and the contributory provident fund scheme framed thereunder is provided for the benefits of the employees working in the factories, industries and establishments therefore the employees working there may have the economic security for his maintenance during his old-age after the retirement. Thus, the words and phrases used by the establishment for in the matter of payment of allowances, wages, etc are to be interpreted and understood so as to advance the benefits of these provisions of the bennevolent piece of legislation to the beneficiaries thereof.
Reet Sawhney
31 January 2016 at 14:00
work in an advertising agency, an industry that rums well beyond the typical 8hrs everyday.
Our office timings are 9.30am - 5.30pm
One hour grace period is given, post which a late mark is put if one enters after 10.30, and a half day leave is deducted beyond 11am. Beyond 2pm results in a full day leave.
If I enter on time and work till 9.30pm, there is no compensation given. I can enter 1.5hrs late post. Eg, if work till 10pm, I can enter at 11.30am.
Basis this, the company has cut multiple leaves. For there are days when we work at a stretch for 15hrs. And some when you work for less than 8.
Possibility is that if you're working for 15hrs one day, you have to come early the next to finish it off. So the late coming becomes useless.
I want to know if there is any legal action I can take against the company for citing my leaves even though I've taken only 2 (medical + casual) in the entire year.
As the leaves I'm fighting for can be cashed out later, I end up losing almost a month's salary basis the current policy.
sachin agarwal
31 January 2016 at 13:55
The 7A authority under section 7A of the act, 1952 is authorise to work for the benefits of the eligible employees for the benefits of provident fund contribution therefore the 7A authority can examine the illegalities of the provident fund contribution under the PF code allotted to the employer by the PF authority. Being a 7A authority, the authorities works as a question judicial authority therefore it is the obligation on the part of the authority to follow the rule of natural Justice at the time of hearing of both the parties where one of the party is the enforcement officer representative on behalf of the Department and second party the employer and any other appropriate person who is entitled to join the enquiry before the enquiry officer. The 7A authority after duly performed the obligation under section 7A of the act, 1952 can examine the applicability and determination of the PF dues for the benefits of eligible employees. It is the necessary ingredient of the enquiry to follow the rule of natural Justice and the used the power in accordance with the provision of settled law in the light of the various decisions of the appropriate appellate authority and Hon'ble Supreme Court and Hon'ble High Courts. That the any person aggrieved from the impugned order passed by the 7A authority can move the appropriate application for the re-examination of the enquiry finalised by the 7A authority. Although there are so many limitations to move the review application under section 7B of the act, 1952 but the basic rules that the rule of natural Justice should be followed and the enquiry should be concluded in due compliance of the facts and circumstances as well as law in the right perspective for the due benefits of eligible employees. Although there is not a specified form to file an application for review under section 7B of the act, 1952 but certain grievances should be reflected under the settled law in the review application filed by the aggrieved person where the re-examination of the 7A enquiry can be reopen. The application under section 7B should be moved within a specified time as prescribed under the law and if the application is within a specified time then the reviewing authority should be issued the notice to the applicant and if the 7B authority dismissing the application without hearing the voice of the applicant is clearly violation of the principle of natural Justice.
The above discussion is the personal opinion of the author and therefore the discussion cannot be used for any illegal purpose.
krishna kumar srivastava
31 January 2016 at 13:43
What is the method or legal procedure to transfer/Sale the property to others (purchaser name) when her name has not been come to revenue record due to process of Chakbandi after death of his husband before three years and hopefully it will come after chakbandi process but time is not fixed. Kindly reply
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Family court appeal - can i only file appeal memo and copy of judgment?
Family Court Appeal - can I only file Appeal memo and Copy of Judgment?
Can't I ask exemption to file the ENTIRE compilation and only file 113 pages as mentioned below?
Is it not repetition to give same copies to opposite party again?
Can't I ask to call R & P?
Will this cause my Appeal not get registered?
Please help !!!!
(filing of remaining 506 pages seems sheer waste)
I am aware that, Along with memo of appeal (synopsis index list of docs etc) I have to file .....
Index = 2 pages
Synopsis = 15 pages
Memo of Appeal = 20 pages
Address Memo = 1 page
VP/Appearance Memo = 2 pages
Affidavit for memo of Appeal = 2 pages
Interim Application = 4 pages
Affidavit for Int. Application = 2 pages
List of Documents = 4 pages
Judgement+Decree being appealed against (38 + 23 = 61 pages)
(Total : 113 pages)
But along with above the 'list of docs' becomes as follows:-
1. Judgement+Decree being appealed against (38 + 23 = 61 pages)
2. Petition + Written Statement (21 + 44 = 65 pages)
3. Evidence Affidavits and & Cross Exan of witnesses both parties. (which are nearly 15 Nos around 200 pages)
4. Documentary evidences (around 35 pages)
5. Final Written Arguments (2 Nos around 40 pages)
6. And other exhibits the interim decisions of which are also to be challenged in Appeal (around 60 pages)
7. There were SOME compromises made by parties on a certain issue and thereafter volte-faces by both side (30 pages of consemt terms etc)
8. Rojnamcha of Suit (78 pages)
Total: 61+65+200+35+40+60++30+78 = 567 pages.
Can I get exemption from HC?