Anonymous
27 May 2011 at 16:10
Dear Sir,
I was chnsged my job and join a new one in this job i had signed one bond i which they mentuined the word likr principle of "Need to know basis" & "Breach of trust" can u explain me the meaning of this
Also in my bond it was mentioned that if i leave my job within probation period(6 months) then i have to give my 6 months gross salary to company and ig leave after probation then it will be for to months gross salary or 2 month notice period.
In that there is one more bond regardin non-circumvention & non disclosure in which i cannot reveal compny secrets to another organization.
One morething our constitution allows us freedom of employment so why this is prevailing in our country also as per Sec27 of indian contract act(1872) people of india have right to use their potential anywhere they thinks to use no one can bound them.
Please provide your expert advide on the aforesdaid subject,
Thaning all of you,
Regards,
Rizwan Pathan
Anonymous
27 May 2011 at 16:04
Learned Experts, Can you please enlighten us on one doubt. we are a small company covered by the S&E Act and in MAH, EC Act is extended to employees of the establishment! We have covered all employees with personal accident policy for a lumpsum, premium paid by co.(employees are above ESI limit). In case of accident arising in the course of employment would the policy settlement by the insurer would suffice compensation or we haveto pay as per EC Act. If we have to pay as per EC Act, can we offset the insurance policy amount from the actual compensation payable as per the EC Act.
Anonymous
27 May 2011 at 11:31
Promoter & PAC of the listed company (where in minimum public holding should be 25%) holds 65%.
The Company wants to raise fund for the CAPEX, so convertible warrants would be issued to promoter, so that on the date of conversion Promoter holding would come around 69.20%.
As per SEBI (SAST) under clause 11(2) (i), promoter & PAC could not increase their stake through preferential allotment.
Therefore company is planning to dilute further stake to the non promoter maintaining promoter shareholding at 65% in the same board resolution i.e. allotment to both promoter and non-promoter.
My Query:
a. Is this a valid under the eyes of law?
b. Is this does not trigger open offer as preferential allotment is prohibited above 55% holding?
Yours inputs are solicited?
Anonymous
27 May 2011 at 11:19
Company Has pressurizing me to resign from service when I have not to resign he has stopped & hold my salary to create pressure for resignation I have written for the matter to the higher authority after that company has orally terminated after that . I have written a letter to DLC ( Deputy Labour Commissioner ) & copy to chairman & other higher officials.
DLC has given a matter to Labour Supreindent for an enquiry during the consolidation proceeding company has extended more for settlement but not interested to settle after that company has make a false transfer order and produced before Labour Suprendient and said that employee has not terminated he has transferred but I have proved before the L.S. that the transferred order is false and make it after termination for back date after that L.S. has advised me to file a case against company U/S 26 of Jharkhand Shops & Establishment Act 1953 ( Bihar Shops & Establishment Act ) and L.S. has filed a case U/S 28 for recover my salary which is calculated ( Month x 10 Times ) after that company has send a courier after ten months for the complain of which inside a hand bill of birla and the receiving of that courier has been produced before the DLC court that he has send a salary cheque and employee has received the cheque but not present in his bank A/C but the fact is that there is no cheque inside the courier.
I have given own witness before the DLC in court and the opposite party has given for witness before the DLC of which all are given false statement and the case has pending before last three year and after that D.L.C. has changed after the retirement of DLC new DLC has closed the case and given his judgment without hearing my side the case is not maintainable because there is no termination because the company has not issued any termination letter.
Judgment letter has attached.
The branch manager who has terminate me has resigned from the company has given print out of his email that how the company create all this termination and transfer.
He accepted his emails but deny that he had not given me that and blamed that I have hacked his email.
D.L.C. has deny this email has a proof because its an internal communication between the officials.
Pls. suggest what I have do. Judgment attached.
Anonymous
27 May 2011 at 11:17
Company Has pressurizing me to resign from service when I have not to resign he has stopped & hold my salary to create pressure for resignation I have written for the matter to the higher authority after that company has orally terminated after that . I have written a letter to DLC ( Deputy Labour Commissioner ) & copy to chairman & other higher officials.
DLC has given a matter to Labour Supreindent for an enquiry during the consolidation proceeding company has extended more for settlement but not interested to settle after that company has make a false transfer order and produced before Labour Suprendient and said that employee has not terminated he has transferred but I have proved before the L.S. that the transferred order is false and make it after termination for back date after that L.S. has advised me to file a case against company U/S 26 of Jharkhand Shops & Establishment Act 1953 ( Bihar Shops & Establishment Act ) and L.S. has filed a case U/S 28 for recover my salary which is calculated ( Month x 10 Times ) after that company has send a courier after ten months for the complain of which inside a hand bill of birla and the receiving of that courier has been produced before the DLC court that he has send a salary cheque and employee has received the cheque but not present in his bank A/C but the fact is that there is no cheque inside the courier.
I have given own witness before the DLC in court and the opposite party has given for witness before the DLC of which all are given false statement and the case has pending before last three year and after that D.L.C. has changed after the retirement of DLC new DLC has closed the case and given his judgment without hearing my side the case is not maintainable because there is no termination because the company has not issued any termination letter.
Judgment letter has attached.
The branch manager who has terminate me has resigned from the company has given print out of his email that how the company create all this termination and transfer.
He accepted his emails but deny that he had not given me that and blamed that I have hacked his email.
D.L.C. has deny this email has a proof because its an internal communication between the officials.
Pls. suggest what I have do. Judgment attached.
Rajan Jha
27 May 2011 at 09:21
My flat in Mumbai is given on leave licence. Our CHS Society has recently sent me a notice claiming that B.M.C have levied Municipal Tax as per improved rateable value for the period 1/10/08 till 31/3/2011 and that I need to pay the same.
I understand that SC has put a stay on fixing property tax based on rateable value.
Would the learned panel kindly explain the status and since the tax levied is large Rs 2.95 lac what should I do under the circumstance.
Thanks and best regards,
Rajan Jha
Monu Bhardwaj
26 May 2011 at 22:30
As per Finance Act service tax is to be deposited at the time of actual receipt of invoice value.
If we discounted these bills from our bankers or sold to a factor. When should we deposit service tax?
At the time of bill discounting/Factoring or when actual payment remitted by the customer/debtor to bank.
tapan mondal
26 May 2011 at 21:22
Dear Sir,
I am an ex-serviceman, retired from Indian Navy after completing 15 yrs of service on 31 Aug 2010.
Now I am about to join Government Medical Store (Ministry of Health and Family Welfare) as LDC. I got selected through SSC - CHSL exam 2010-11.
Now my question is am I eligable for pay fixation under any government scheme, because the AO of that office is unwilling to accept that there is any such rule. My basic as LDC will be Rs. 5200/- and my last basic drawn was Rs. 9800/-.
regards,
Tapan Mondal
09874265185
email : tapan_555@yahoo.co.in
555tapan@gmail.com
M RAVI KUMAR
26 May 2011 at 18:47
Sir, I Ravi, Age-25 R/o Mahabubnagar, submit that, My father has murdered in 2001. My mother is one of the accused (A3) in the case, since our father's death we are not living with her and she was absconded to court since July 2003. Hence the court was splitted case in October-2005 and run against A1 & A2 and disposed off. Since our father is an Govt. employee we have still did not get any pensionary benefits due to her absence. As she is not living with us we have not filed any FIR in Police station, however the Police submitted their non traced report to the Court. Basing on the report court splitted the case. I have obtained the Warrants issued, Judgement copies from the court as certified copies which reveals that she was absconding since July-2003 and not traced so far (copies enclosed). Therefore I request you sir kindly give me suggestion that, how to get the Declaration of Death from the court and whom I have to get be parties and how much time it will be takes. Thanking you,
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Salary Not Received Threating from Employer
A person is carrying trading business. He is Operating business by creating four Pvt Ltd Companies in which he and his wife are directors in 50:50 ratio of shareholding. He is also running a partnership firm in which he and his wife are partners in the equal ratio. The whole process of business is as follows:
1. They are raising unsecured loans in personal names and transfer the same in one of the company. Company is paying interest and instalment of that interest by the company’s cheque directly to the bank/financial institution.
2. No TDS is being deducted from these payments.
3. Directors transfer funds to purchase property in their personal names.
4. Interest of Rs. One Crore per year is debited to the profit and loss account.
5. Limits CCs of Rs.10 Crore had been raised in the relevant companies but used for purchase of property.
6. No enough working capital is left in the business and they raise further loan secured or unsecured or home loan.
7. No statutory compliance have been made.
8. Furhter they create a vogus proprietorship firm and the turnover is Rs 2 Crore per year and the whole sale from this concern is in cash. There is no cash in the books but they deposit lacs of Rupees in bank from black money.Cash balance is also negative which will be made positive from receiving cash from old accounts of bad debtors.
9. They are using faque Form C for avoiding sale tax in the above concerns.
10. They are not registered in PF ESI Shop Establishment Acts.
In the above all they are evading lacs of rupees sale tax service tax income tax and not paying the employees their salaries in time.From April 2010 they announce increment in our salary but we have not received arrear of salary from April 2010 to Dec 2010.We have not received our leave encashment for the financial year 2010.
My problem is that I was the previous accounts head of this concern and they are threating me that if I say something to someone they file a FIR against me or theat me by saying that they can destroy me and my family.
I humbly request all the members of LawyersClubindia to help me by suggesting where to complaint against these concerns by not disclosing myself or keep my identity confidential.