SARAVANAN.R
28 February 2014 at 10:11
Respected Sir,
Will the workers in a canteen in a factory under the meaning of Factories Act 1948 come under Factories Act. I mean, whether the provisions relating to safety and occupational hazards for workmen in factories, is available for workmen in canteen also.Whether an eating place or restaurant is a factory under Factories Act.In the internet, I viewed an answer that kitchen and cooking people come under Factories Act and where as Servers/ bearers come under Shops and establishment act of states.Kindly correct me if I am wrong.
Saravanan Radhakrishnan
Prasad
28 February 2014 at 10:06
Namaskar
My mother wants to write a WILL . She has asked to go ahead with writing of WILL. i am elder son and have 4 younger brothers out of which 1 abroad .
My mother aged 77 have paddy fields in her name and share in her ancestral property .
WILL if it is written how longer is valid if registered. Is there any requirement to inform my all brothers before writing
abhinav
28 February 2014 at 03:27
madam/sir i need your help in these points.
1. OBC listed person (central list notified in ncbc website) of one state can avail reservations in other state where his caste is not listed as OBC.
2. OBC listed person in central list for a state(ncbc website) can avail reservations in employment/education institutions of central government.
3. if a OBC girl marries to a general boy. Can she still avail reservations.
4. and the same OBC girl has not obtained certificate yet but her father has OBC certificate. How she can obtain her OBC certificate.?
498A_HARRASED
28 February 2014 at 00:35
She has filed undated and unsworned affidavit in 125 Crpc case...also suppressed her employment details...
Can you please let me know what will be my best stand in court...
RAVI K GOUD
28 February 2014 at 00:29
I'm grateful if any one clarifies my following quarry:
Is it compulsory taking a Trade License U/Shops & Establishment Act by an Educational Institution (college / school / university)which has hostel facility (charging for food+shelter) i.e Residential school/college.
Advocate Ravinder
27 February 2014 at 23:12
My client’s brother has died due to electric shock due to the negligence of the Electricity department. A wire of the pole detached and fallen on him. Elec dept not denying the fact. Where I have to file case for damages. In Consumer court or in the Electricity department. Whether Electricity department (which is a Board--seperate entity) comes under the perview of consumer protection act.
Pradeep
27 February 2014 at 22:56
Sir, I am working in a PSU where peculiar incidence occurred. An employee appointed as Cat -I Mzr and later on promoted to the clerical grade. When he was appointed as Cat-I mzr his date of birth was recorded Feb 1958. Later on when he submitted his matriculate cert to get promotion it is seen that there is difference in between earlier recorded date of birth and HSC. As per HSC his date of birth is Feb 1954 . He got all promotional benefits on the basis of HSC. Accordingly employer decided to verify the cert from the concerned board to ascertain the genuineness of the cert. Several correspondence were made with the concerned board and requisite fees also paid but till date board authority did not reply. As the superannuation time is approaching management issued his superannuation notice on the basis of HSC. As per HSC he will be retiring from the service wef 28.02.14. Now the concerned employee take the shelter of law and got interim stay. Hon'Ble court directed to maintain the status quo till the outcome of decision. Now wheat steop management will take
1. Whether he will continue in his existing grade & capacity
2. Whether any fresh letter is to be issued to the employee , if so what type of letter to be given.
Can such case to be sustained in the eye of law as Honb"le SC given various judgement on the matter and matric cert is a valid documents and the Dob as recorded in the HSC should be taken as final. Kindly guide me
Member (Account Deleted)
27 February 2014 at 22:47
CrPC 125 revision filed in HC.
Stay granted on condition that 80% of the amount fixed by lower court need to be paid monthly.
Can this be challenged as I am forced to make payment when my liability could be zero and thus denied justice?
Is there any supreme court ruling that bars conditional stay?
Jitendra Jain
27 February 2014 at 21:10
Dear All,
I am in need of your guidance in the following matter:-
- My client has served more than 8 years continuously in a Public Limited Company covered under Payment of Gratuity Act.
- He had resigned from the services of the company before six months back (September 2013) but he was not relieved by the company and informed him after one week of his resignation that some decisions which were taken by him during his last two years of tenure are being enquired.
- My client after waiting a period of two months started correspondence with the company to pay his entire dues including amount of gratuity but they did not respond.
- Due to this he lodged his claim with controlling authority under payment of gratuity act on 2nd Dec 2013.
- After lodging claim with the authority by my client, they informed him on 7.12.13 that services of my client terminated due to misconduct / lack of confidence in my client and lodged a vague FIR on 10th Dec'13 just to give strength to their decision of termination.
- They have done this all just to grab the amount of gratuity as gratuity is not payable in case of termination.
My query is can employer terminate the services of employee after tendering his resignation that too after 4 months of his resignation while during his long tenure with the company he was never given any letter / charge sheet about lack of confidence / misconduct.
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House and forged documents
hi sir
my uncle stayed in a corporation house.and then he gave that house and borrowed a sum of rs 200000.as a debt they dint write any documen.but they just wrote in a document that he has borrowed a sum of amount as a debt so he gave it like a leese for two years .after that he had some problems so he was not able to recover it .and that person also stayed there for more than two year for about five years .but now when we ask for our home he is not giving it he says that he needs 800000 for that home .but the house is in my uncles name ,even the ration card and eb bill are in my uncles name.and he also threatens us that he would sue us to tthe court .and the document that he has also declarehe house has t that to be returned after giving the amount of 200000.what should we do now to save our house. we have changed our address
but still the eb bill and corporation bills are in my uncles name.in that document we have mentioned that the interest is 2 percent.but we dint collect rent from them we said that interest shall be the rent.
now they have sent us yesterday a notice from a lawyer which states that they would file a case against us under section caveat 148_A of c.p.c.
will this affect us or what we should do to get our house back.some of the lawyers they told us to file a eviction suite .but we went to a police station there the opposite party they came and showed a forged document in which they have put my uncles sign on their own.it was clearly visible that it was not signed by my uncle. even the police knew it but they have given the police some bribe so they are also not supporting us what we should do now .
if we file a case then they say that it will take atleast two years .but we need the house immediately .what we should do now to get back our house immediately .