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Sudhir Prajapati   04 January 2010 at 11:11

Gratuity and Arrears

Respected Sir,

I have worked for a company which is 100% owned by Government of Gujarat active in Financial services. Total i have worked for seven years in this company in differenct capacity as under from 06/01/2000 to 05/01/2007.

1- On contract basis for first six months and for next three times this contract has been renewed for further six months. So total two years on contract basis. Four contract for six months each. Each contract was for Officer cader.
2- After theses, I was made Dy. Manager and an appointment was made with condition that for first two years i will be on probation. After successful completion of my probation of two years i was absorebd in company as permanent employee in April-2004.
3- On 05/01/2007 i resigned from company to Join Dena Bank as Marketing Manager.

My company saying i am not eligible for gratuity as i have completed only three years in permanent capacity. While recently Supreme court has given judgement wherein even contract period is also included for giving benefit of gratuity.

Meanwhile, government recently gave 5th and 6th pay commission award to my company and for both the award the effective date was from restrospctive and on both the dates i was working as Dy. Manager. However, company has deny me arrears on ground that i was not on payroll of company while awards were given and as such i have resigned on my own for better prospectus of my career so i am not eligible for this.

Please give clarification on both the issue. If any one need more details please contact on 09427608333.

Thanking you

From
Sudhir Prajapati

shrikant chede   04 January 2010 at 11:02

punishment

what is the differance between simple &rigirious punishment pls explain what is life imprisonment

Anonymous   04 January 2010 at 11:01

punishment

what is the differance between simple &rigirious punishment pls explain what is life imprisonment

queryking   04 January 2010 at 10:37

cheque and the company

cheque is issued on behalf of the firm,
only its managing partner arrayed as accused, he was shown as managing partner in the cause title of the complaint, there was no allegation in the complaint how he is responsible for the conduct of the business.

but the court convicted the managing partner,

is there any judgments infavour of the managing director

queryking   04 January 2010 at 10:27

FIR and the Ruchika's case

Central Government has issued notice to all the states to treat the complaints as FIRs,
its a good move, but what will be proof for giving the complaint to the police if they wont treat it the complaint as FIR, I am confused, Hope learned members will clarify.

Anonymous   04 January 2010 at 10:03

cheque bounce

Is it possible to send single lawyer notice for 2 bounced cheques dated differently but presented and got bounced on the same day (later date) for the reason of “exceeds arrangement”.
Also is single court case is enough for both the cheques?

Thanks

suresh jakhotiya   04 January 2010 at 04:26

Citation

Dear Sirs
Can you please give me a citation of amending a Judgement on account of arithmatical mistake by the same court.
Best regards
Suresh

Hirachand Chheda   03 January 2010 at 23:41

Gift Tax Exemption

Dear Experts,

One of my client is a grandfather and he has given gift Rs. 10lacs cheque to his grandson who is 2year old can u tell me what will be the tax effect on this and what documents should be neccessary for preparation of this.

Anonymous   03 January 2010 at 22:59

Negotiable instruments act - Witness

Dear sir

We have filled cheque bounce cases (two cheques worth Rs.35 lakhs) against a private limited company in November 2008. Both the cases are in adjornments. Our next date is in March 2010. We expect the another adjournment on that dates also. We are expecting the cases to come for trial some where at the end of 2010 only.

We have one problem here. One of the key witness is the ex-employee of the accused company. He left the company. He signed some of the documents also which are going to be the crutial for our case.

He agreed to give the evidance as witness and he can acknowledge the documents.

Can we arrange to take his evidance in the presence of the Megistrate immediately. Since, We are worried that the accused may put pressure in future at the time of trial. Can anyone suggest the possibility and mode for the declaration/avvidawit/evidance like in the presence of the Megistrate.



Bijoy Deka   03 January 2010 at 22:32

Under Order 39 Rule 4 of Code of Civil rules

Can anyone explain me little bit elaborately Under Order 39 Rule 4 of Code of Civil rules (CPC) which states that
"(4) Nothing in this section shall be deemed to authorise the Court which passed a decree to execute such decree against any person or property outside the local limits of its jurisdiction.".