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JAI GANESH   08 June 2012 at 19:27

Emplyement problem.. i need legal opinion pls.?

Hi frnds, my frnd is working in a private wind mill factory for last 15 years (Since 22.02.95). Management didn't permanent him yet. But management announced others who have been employed since above date as permanent employees excluding my frnd. Then the management compelled my friend alone to work for 12 hrs/day without any salary hikes and also compelled him to work in holidays also. Last month all the employees got salary hike excluding himself. Now what are the legal proceedings to take action against management?? I need a legal opinion in this matter. Is there any provision in Indian labour laws to solve this dispute between employer and him? Please help us.

durgadas   08 June 2012 at 14:23

Tenancy

my father purches agri land in year 1971 from tenat (hydrabad tenancy act 1950 section 38e)
purches prise fixed Rs.21000 tenant make agriment to sale on bond paper `hi got RS.18500
and hand over possession to my father

another condition in agriment is tenat give nesasari permission from Dy.collector for sale deed
after permission hi take balance ammount Rs.1500 and make sale deed

tenant make afedivit on bond paper to the faour of Dy.collector in this afedivit hi aggri after permission hi make sale deed.

but after two year tenat make a application to tahasildar for restoration of possession under section 98 tahsildar forward to Dy. collector

Dy.collector pass order for restoration widaut any enqury to my father

my father appile to tribunal for rivision of Dy.collector dissision. in pandancy tenant expired
his wifi brought on the record as Lrs.

tribunal rimand thise file to trile court for fresh enqury

in year 1980 this case dismiss in difolt for non appearance of applicant applicant(tenant) Lrs.
absent thise day.

from year 1980 possession continue frm my father

My. question is (1) what action taken from my father for owner ship
(2) can Lrs. of tenat make any acton for restoration after 32 years

please advise me. thanks

Preethu   07 June 2012 at 11:23

Regarding hours of work

Is 216 hours of work a month legal in any organisation under the Government of India? The employees are working for 11 hours ( day duty) for eight days a month and 13 hours ( night duty) for 10 days a month. There are no weekend off, no public holidays but just two days off in a month. Whimsical additions are made to CCS leave rules so that availing leave is also difficult. Please help.

Sailesh Kumar Shah   06 June 2012 at 20:20

Rti query

Respected Sirs,

Can I asked some calculation about bye-laws under the RTI Act?

This is to further bring under your notice that PIO is itself the department indulged in the preparation of the bye-laws in respect of which the calculations/interpretation are queried.

Is it come in the ambit of section 2(f) of the RTI Act?

I will be obliged, if anyone could quote me any case law of SIC in this respect.

Thanks & Regards,

Shailesh Kr. Shah
Advocate

RD   04 June 2012 at 20:08

Tds - payment to foreign parties / co

There are 2 separate issues. Kindly opine. Thanks in Advance.

1. Royalty is payable to Foreign Co resident of Germany. What shall be the rate of TDS? Will there be any difference if the Company is not having PAN?

2. Will there be any requirement of TDS in case of payment of Sales Commission to an Agent residing and operating from outside India? What shall be the effect of cancellation of Circular No. 786 dated 02nd Feb, 2007 - specifically dealing with non-applicability of TDS in case of agents operating outside India?

Kindly reply ASAP

Thanks once again.

SAA_Bombay   04 June 2012 at 13:07

Mhada water charges

Dear Experts,
During redevelopment our developer deposited some amt with MHADA & took a temporary water connection upto 31.03.2012, meanwhile he was supposed to get new connection from BMC which he din't know as mhada deadline is over, they are charging us penalty on water supply. I want to know few points.
1. Can Mhada cancel our water supply any given time?
2. what are the penalty charges? do it has any slabs?
3. Now, as developer is not ready to help us, what shall we do to get a proper water connection from BMC? We do not have OC.

AASHISH   31 May 2012 at 19:45

Bmc act

I have a property let out by my forefathers to a tenant X. Mr. X has neither paid rent (Rs. 8 p.m) since past 3 decades and has also not maintained the property over the years of his stay.

At present, the property is in a dilapidated state & we have received demolition notice from Brihan Mumbai Muncipal Corporation BMC, directing us to provide alternate Accommodation to Mr.X and bring down the dilapidated structure. We are not in a position to give him alternate accommodation.

My query is :
1. As the structure is already in a very dilapidated condition and God forbid it collapses, what shall be our status as Owners,as we have neither been staying there + he has not been paying rent since 1985 ?

2. I am sure, police action and BMC actions etc. shall follow in the event of the property getting collapsed and any loss of lives.
How can we protect ourselves in this case

3. Are we bound to give alternate accomodation ?

4. BMC has given us a alternative and has asked us to get the structure repaired. The cost of repairing runs atleast Rs. 10 lacs which again is not feasible for us.

Are we bound to get the structure repaired, given the fact that we have neither enjoyed property or Rent. Also the Rent is also at a miserable low of Rs. 8 per month, which also remains unpaid. We are already bearing the cost of Property Tax of the said premises.

Desperately seeking Advice from the team of experts


Nivedita   31 May 2012 at 16:06

Mathadi act maharashtra

My query is , is there any minimum number defined in the Mathadi Act maharashtra beyond which registration with the mathadi Board is necessary for example if the Act says that if 10 or more such labour is employed then we require registration ? And if the no of such labor is 8 then we do not require registration. ?

dnyaneshwar   31 May 2012 at 02:15

Grampanchayat registration

Dear Sir:

I am going to buy a flat in a building in Dhayari Pune area. The Builder says that the Government / Pune Municipal Corporation has stopped the rights of Grampanchayat to make registration entries. Is this true and why and how much time will it take to make entries in Grampanchayat office.

The Builder is ready to give me in writing on PAPERS which called NOTORIZED documents. Is this sufficient in place of to make entries in the Register of Grampanchayat.

Raviprakash Joshi   30 May 2012 at 23:59

Regarding competance of gram panchayat

I have a structure of which plan was passed by Gram Panchayat in 1980, The muncipality officer says that it is not a valid as Gram Panchayat did not have the right to pass the plan for construction of Industrial Shed.Then what does the Gram Panchayat Act section 52 says?