Anonymous
18 March 2011 at 13:15
Sirs,
We have 200 employees in our factory. Out of them 190 employees are drawing more than Rs. 15,000/- w.e.f. 1.5.2000.
Rest 10 are Trainees drawing a lumpsum salary of Rs. 8000/-.
ESI Authorities raised demand notice and show caused for all 200 employees on an assumed salary of Rs. 8500/- and demanded @ 6.5% per month from 1.5.2010.
My query is since 190 employees are drawing more than Rs. 15,000/- the statutory limit fixed under ESI Rules, upon production of proof of salary payment, can the demand be reduced to the balance 10 trainees on their salary of Rs. 8000/- @ 6.5% on the number of months.
If the trainees, gives a declaration that they are provided superior medical/hospital facilities, can ESI drop the demand for these 10 Trainees, or still they can insist for payment for these 10 trainees.
Thankful for kind guidance in the matter.
Praveen
18 March 2011 at 12:43
Resp.Sir,
I am employed through a agencies (outsource) in a Central University. My employer who is outsource agency not getting me actual information of my salary which is provided by Central University.Could I getting information through RTI ACT and if,please suggest me procedure for taking information to central university and what the remedy if my employer not enroll his agency in ESI but deduct the same.
PRAVEEN
E-mail: praveen06dec@gmail.com
Anonymous
18 March 2011 at 12:18
TO WHOM WE HAVE TO APPROACH FOR THE BELOW MATTER
Re; To implement Judgment given by Gujarat High Court on wet land / water bodies Ahmedabad & All Gujarat Ponds & Talavadis to clear slums & encroachment on it and to convert all Talavadi in water pond for water harvesting, water reserve - Not to use for other purpose. This Refers contempt of court by AMC to Lakhudi Talavadi Site High Rise Towers Project situated on road junction of Near Stadium Petrol Pumps / Golden Triangle road coming from Sardar Patel Cricket Stadium Circle, St.Xavier’s Loyola School Road, Naranpura Road, Road coming from stadium circle from Golden Triangle. The sketch attached to see the location.
Lakhudi Talav land area may be approximate: 25000 sq. mtr or more Present Land Cost Rs.1, 20,000/-per sq. mtr for such prime location. Market Value of this land property app. 300 crores.
Judgment Copy attached. Against PIL HC gave judgment on 02-08-2002
By Gujarat High Court Bench comprising of Justice R K Abhichandani who took place of Justice B C Patel & Justice D A Mehta
This verdict ordered the Govt. to
1. Notify all lakes & ponds within the states to preserve them as it is
2. To remove encroachments and facilitate rehabilitation as per the existing norms & other order
We are residents of the above area. Since many years on Lakhudi Talavadi property owned by AMC there is slum hutments. As per Judgment given by HC, the judgment copy attached herewith and also it is heard that the same judgment is approved & held by SC. Referred to as to save Urban Wetlands / Water bodies many judgments available of SC. Published by Centre For Science & Environment, New Delhi.
Reference to this judgment Chandola Talav, Naroda Talavadi, Vastrapur Talav, Malav Talav , Ghodasar Talav all these has been developed by water pond & gardens since long back . While Lakhudi Talavadi still there is slum dwellers. No move from AMC to implement HC judgment after this judgment. Instead AMC going for High Rise Towers Project on this site.
Surprisingly, recently few days’ back Hoardings are put on this Lakhudi Slum Site: Developer M A Corporation Project Name ‘AVAS’ / ‘NIVAS’ of High Rise Towers by some Builder Party. Here definitely, it is hand in globes of AMC for voting / political gain or other vested interest with builders / land grabbers whatsoever .When all Talavadis are developing according to HC / SC judgment why such High Rise Buildings Towers Project is approved and to be carried out by AMC ? This is big question & surprise to the residents of this locality.
We are not legal professional persons; we request your goodselves to look in to the matter immediately. We smell rat in this. Yourselves already aware that land grabbing / selling of Govt. property by throw away prices to builders is rampant. Adarsh Mumbai & other land scams already have surfaced recently. Questions arise how & why AMC authorities allowed Towers multi storey on this Lakhudi site?
When there is clear HC / SC order as mentioned above accordingly to develop Lakhudi as Talav and to remove encroachment on this site.
It seems, it is clear Contempt of Court by AMC as how such Big Buildings High Rise Towers Project approved & consented by AMC on Lakhudi Site on such a big land overlooking & ignoring SC / HC Judgment? It is not a small matter & issue. This dubious activity for this project must be going on since long time to go for such illegal project on Lakhudi ignoring judgment.
We once again request to immediately take up this matter legally whatever possible way and to find out about this development & status on Lakhudi Talav Property. Your goodselves have vide powers and if you wish you can HC can file PIL for this or can go for contempt of court.
We believe Consent of such High Rise Tower Project by AMC is illegal & leads to contempt of court. It seems malafied vested interest involved in this Tower Project .AMC should go for water pond & garden as per law & HC judgment removing encroachment on site.
Please look in to matter and request your immediate legal action & investigation to find out facts & status of Lakhudi to enforce the HC & SC judgments for Lakhudi Talav Property accordingly. Please pardon us if the language / matter not presented in proper legal format.
Recently HC has called concern parties of Dhandhuka Town Ahmedabad District against PIL, the parties have built buildings on Talav which was illegal & lead to contempt of court. News Paper report / cutting attached here with.
Also in Andhra Pradesh the construction of 2500 MW power plant construction work has been stopped as the power plant site is wet land / water bodies. Ministry of forest & environment has stopped the construction.
Request for urgent legal action, and to order AMC for immediate removal of encroachment on Lakhudi site and to implement preservation of wet land by making it Pond & garden. For your kind information, hutments dwellers on Lakhudi have been allotted slums quarters long back by AMC to other locations but no body has shifted there instead they have sold of or given on rental.
YOUR ADVISE APPRECIATED
Anonymous
18 March 2011 at 11:38
Sir,
I did the below complaint in bank of baroda-
"In 1997 I bought 100 shares of Bank of BARODA by PUBLIC OFFER.I also received its certificate.My Reg. Folio no. is - BBE170785 and CERTIFICATE NO. is - 246159 .Distinctive no. is 0220615701 to 0220615800 .I was not informed about 2nd call money at all via any means and so I didn't pay the 2nd call money as I was not informed about it.I contacted them many times to transfer my shares into my DEMAT account.I wrot them letters in the years 2002 to fulfill the need,but they didn't reply.Again I tried to contact them in 2005 via letter and they sent a letter in return informing that my letter has been sent to the share unit of BANK of Baroda for further clarification on the issue.In 2006 I sent the original share certificate to transfer it into my Demat but they kept the original share certificate and told me that due to miscellaneous reasons all my " NEW DRF REQUIRED AND OLD SHARES ARE FORFEITED AND RETAINED BY THE COMPANY." Also they neither returned my money nor transfered the shares into my Demat account.Now they should either return my money back along with the interest or transfer the shares into my Demat account."
But they replied that-
"You may please note that Bank of Baroda has forfeited all the partly paid up equity shares in June 2003 on which call money/allotment money was not paid. The Bank forfeited the Shares under the relevant Regulations as approved by Government of India by Gazette notification. The Bank observed the due process including the issuance of periodical Notices/Reminders/Forfeiture Notice including publishing a Notice in newspapers also. Moreover, the relevant Offer Document dated 27th September, 1996 at Page No.8 very clearly stated that “Failure to pay the amount as aforesaid, shall render the allotment of equity shares liable to cancellation and amount paid liable to forfeiture.”
Moreover as per norms approved by Government of India Gazette notification “Forfeiture of share extinguishes all claims against Bank with regards to forfeited shares.”
Chief Manager,
Head Office, Baroda.
I again replied that-
"Its not necessary that every individual read the newspaper in which the information mentioned by you was given.You should have sent me a call money reminder and if you have already done that than you must be having the record of when you sent that reminder.So please provide me those details from your record.Also send me copy of the government rules as mentioned by you according to which shares can be forfeited without giving any reminder for call money.I don't think there is any rule which allows shares to be forfeited without any reminder for call money.Due to this decision of your bank I have to suffer from great economic and mental tension.If I didn't want to keep those shares than Iwould have sold them at that time only when they were issued.If I would have been informed about call money than I would have paid it that time only.I am ready to pay the call money along with interest for the shares now . Kindly look over the matter and return back my shares and resolve it as soon as possible."
The reasons given by me in this matter are true as they didn't inform me about any call money by any means.But they are not ready to accept any of the reasons stated by me.Kindly look into their records if they ever sent any reminder for call money and my shares should be freed by them and given back to me.
from
Awadh Sharan Shandilya
Ph. no.- 07582227292, 9406531741
Add.-deen kuti parkota,sagar,madhya pradesh
Anonymous
18 March 2011 at 11:26
Hello,
I am planning to buy a under construction flat in Bangalore. The sale agreement is not yet executed. What i came to know from sources that stamp duty on sale agreement has been reduced from current 1.0% to 0.1% w.e.f April 01, 2011 as per amendment by state government.
This means if I go to register sale agreement after March 31, 2011 I will pay 1/10th of the amount as stamp duty.
Please tell me if there is any change on stamp duty on registration of sale deed also?
Should value (cost of apartment) registered in sale agreement be same as value in sale deed?
If these 2 values are unequal what are the implications on financial transaction and how it affects when I am going to sell this property later?
Is registration of property (in buyer's name) is same as registering the sale deed?
Thanks
Anonymous
18 March 2011 at 08:48
Dear Sir/Madam
A big Company has taken over my small Company.
The Big Compnay has forced me to sign a resignation letter and gave me ex-gratia payment of only 9 months. I have signed the resignation as they were giving threats of humilation and termination.
I worked in this Company for 15 years and I had requested the minimum for 15 months salary, i.e. one month for every completed year. The Company has refused.
Can you please advise how can I claim compensation for 15 months or more and other recourse.
What are the legal safeguards for me.
Appreciate, if you forward your advise as fast as possible, as time is running out for me.
Thanks and Regards.
Anonymous
17 March 2011 at 17:50
Dear All,
We have a situation - One employee resigned on 1 Jan 2011 and had 2 months notice period. His LWD was approved at 1 March 2011 as per policy. Employee forced the company to make Jan 31, 2011 as his LWD. Company had not accepted and in written educated him on the Notice Period and approved LWD.
Now on Jan 31, 2011 employee bids a good bye email to all and also dint return the company property.
On interactions, employee has ordered the company to give him money else he will not return the material.
On regular interactions after 20 days, he returned the property and we proceeded with the company policies of Notice period recovery and paid him through FFS.
Pls note we have policy of no leave during notice period. Also there is no leave encashment or adjustment. we advice employees to take 2-3 PL's for family once in two months as the work nature is quite stressful and requires much of travel in job.
Please advice if employee can move ahead with any legal case against company.
N.J. MISHRA
17 March 2011 at 17:44
PLEASE MEMBER SUGGEST ME
OUR COMPANY APPOINTED A MASTER FOR THE SHIP ON CONTRACT BASIS. DURING VOYAGE THE MASTER CALLED FOR STRIKE ON BOARD AND DOES NOT ALLOW OTHER STAFF TO WORK ON BOARD EVEN THOUGH THEY WERE INTERESTED IN DOING THEIR JOB. WHETHER THIS ACT OF MASTER AMOUNTS TO CRIMINAL OFFENCE. UNDER WHAT HE CAN BE CHARGED. KINLDY SUGGEST.
Anonymous
17 March 2011 at 15:17
can u please tell me the name of the supreme court case on the vidoe recording of surgery? please reply asap
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
record of right
I purchased residential house in2009 In gujarat , which is built on Lease hold land issued by :Local Municipal authority from my senior. Hehad purchased it from one of the foundermaember of the societyin 1986 Both had got the record of right from the City survey office which they had handed overto me. On bases of these things I had a loan amounting Rs 800000/ Means the title was clear. When I contacted the authorities I was asked by the concerned clerk to appeal to collector for resolvong difference of Measurment of the prtitioned plot on the City survey record and Municipal record. The property is One of the four sub division of the Half of the plot. There is no difference in the measurement my portion an any document. Can I be forced to appeal such a way?