rkchopra
14 November 2008 at 13:31
IFCI (having its registered office at 61,Nehru Place ,New Delhi-110 019),a Public Financial Institution, originally established as a statutory corporation by an Act of Parliament in 1948(15 of 1948) and the first Government Institution converted into a company at the threshold of liberalization by another Act of Parliament i.e. The Industrial Finance Corporation (Transfer of Undertaking and Repeal) Act,1993, No 23 of 1993 is for all practical purposes an instrument of the Government Of India(GOI has recently directly extended IFCI loans/grants amounting to more than Rs. 5000 crores spreading over 2002/03 -2010/11)
The Section 8 of the above said Repeal Act explicitly protects the service conditions of the employees. The position was reaffirmed by the then Honorable Finance Minister of India on the floor of Lok Sabha on 3rd July, 1998 in reply to an Unstarred Question No 2786
Now IFCI in gross violation of three decades old policy of following Industrial Development Bank of India (IDBI) in relation to pay scales, pension and other service conditions, by shifting the cut-off date of revision of pay scales, has deliberately denied its 286 retirees their revised due pension, outstanding wages, medical and other related benefits.
Under the circumstances and based on above facts, what VRS optees (who are mostly senior citizens) can do so that they can get releif in a shortest period without incurring much expenditure.
How much time it will take in decion by High Court?
Management after decision may appeal in Supreme Court that will also consume much time by that time most of retirees would be in Heaven.
Is it possible to file PIL in Supreme Court or any other legal way in which decision can be taken in 2/3 months.
The Supreme Court in case No 395/2008 (writ petition civil)has decided to look into the alleged discrimination between pensioners who retired from public sector banks between1987-97 and those who did so after 1998.
Perusing the PIL filed by an aggrieved employee of one such bank, E K Varghese, the Bench of Chief Justice K G Balakrishnan on Thursday sought the response of the Finance Ministry and the All-India Bank Employees Association.
The PIL, filed through advocate N R Shonker, claims that those who retired before 1998 were denied the benefit of revision of pension. The petitioner urged the Court to declare that denying revision of pension benefits to pre-1998 pensioners while granting them to post-1998 retirees was arbitrary and illegal and in violation of Article 14 of the Constitution.
Varghese has also alleged that there are considerable anomalies in the pension payment made to retired employees of public sector banks and those who retired from other government services.
His petition stated that when the Central or state governments extend an increased dearness allowance to their employees, the same is extended to their pensioners as well. However, in the banking sector, even though the DA is revised for working employees on a quarterly basis, it is revised only half-yearly for pensioners. This, he again alleged is arbitrary and violates the Constitution.
Can somebody give reference / Contact Nos of Mr. N R Shonkar who can be approached by retirees for making a party to the case
Pl also advise the definition of back wages with supportive judgements if any
Brindha
14 November 2008 at 10:09
Sirs,
Are the purchasers of flats eligible to get the refund of the Service tax they paid to the builder (during 2007-08) ?
From the circular,issued by Central Board of Customs & Excise issued Service Tax Circular No.96 dated 23rd August 2007 which covers the issue, it looks like that the property buyers need not pay service tax to builder/developer. On the other hand if the developers had employed the services of a contractor, it is the contractor who will have to pay service tax and not the developer builder.
Please clarify?
1. Which section of service tax act demands that the service tax to be paid by the property buyer to the builder ?
2. Is there any relevent decision by the SC or any advance ruling on this matter?
Thanks,
Brindha
S.B.adil rahman
13 November 2008 at 22:18
What is the law of curfew in India? Ubder which provision of law curfew is imposed? What is the prosecuting section of law and penalty for violation of curfew in India? Can Police cause death by firing for violating curfew?
nathan
13 November 2008 at 20:41
I was asked to leave/start treat me badly, hence left the company. Now I have not received the leave encashment. When I asked I was told the as per company policy no leave encashment.
Company which I worked did have any policy or any system, not even they do not proper attendance.
In this scenario can claim my PL encashment legally. If there is any rule or section which I can mention while writing for the same
regards
nathan
R Murali
13 November 2008 at 17:11
I have purchased a property from "X" and got registered with the Sub-Registrar. Next day I was informed by the Sub-Registrar that the deed executed has to be cancelled as the property dealt is attached by Registrar of Co-op bank & refused to give the sale deed executed. A written statement has also been obtained by me from the Sub-Registrar to this effect to cancel the deed executed.
My query is
- In case I cancel the deed executed based on the advice of Sub-Registrar, whether I can surrender the the NJ Stamp papers for refund
- If so whom should I surrender
- Can I get full refund of the value of stamp papers used
K.C.Suresh
13 November 2008 at 16:31
Whether video recording is primary or secondary evidence? What are the conditions for accepting the same as legal evidence? Citations if any?
Legal Eagle
13 November 2008 at 15:47
A piece of land which has been reserved as per the notification under Section 4 of the Acquisition Act, and at present there is some encroachment over it. For years the owner failed to take any appropriate steps. One of the encroachers had also filed a suit against a government body to get electricity wherein the owner was a party and the owner did not contest the same and the encroacher got the connection. DOes the owner have any legal rights over the said property, if so then under which act.
Legal Eagle
13 November 2008 at 15:38
How many office memos have to be issued to an employee in order to issue a charge sheet against him. Is there any procudure to be followed. Is there is any specific book which can be referred to?
Legal Eagle
13 November 2008 at 15:38
How many office memos have to be issued to an employee in order to issue a charge sheet against him. Is there any procudure to be followed. Is there is any specific book which can be referred to?
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Negotiable instruments act /death of the complainant
As I understand this a criminal complaint.So the attorney should not be allowed the proceed the case.