chirag patel
25 May 2017 at 13:41
I am Ramesh Francis, cpf No. 67994 one o the employee of 577 term based workers of western sector who was to be regularized in ONGC alongwith other employees. Case details are as under:
The pertains to regularization of 577 term based workers of ONGC western sector. An Industrial Dispute was raised by ONGC Employees Mazdoor Sabha, ONGC Baroda demanding regularization of 577 term based employees. Conciliation resulted in failure on 13.8.2004 and matter was referred to CGIT-cum-Labour Court, Ahmedabad by the Ministry of Labour and employment, Govt. of India in December 2004.
After a long drawn adjudication CGIT-cum-Labour Court, Ahmedabad passed an award giving directions for regularization of various categories of term based appointees depending on relevant facts of the respective cases. ONGC was, inter alia, ordered not to import recruitment from open market unless term appointees were given appointments.
Afterwards union and ONGC both filed Special Civil Applications before Hon’ble High Court of Gujarat against the award of CGIT while adminitting the SCAs, Hon’ble High Court gave four directions vide their interim orders dated 27.03.2012. The main effect of these orders was that the embargo imposed on recruitment from open market was placed in abeyance and ONGC was ordered to pay regular salary of regular employees w.e.f. 01.01.2012.
Some other applications were also filed in the same case before Hon’ble High Court. All the applications/appeals were considered together and the final judgement by the learned single judge was pronounced on 26.04.2013. ONGC was, inter alia, directed to treat the concerned workmen on regular employment w.e.f. 24.01.2005 or the date of first re-issuance of appointment order as the case may be and accordingly grant notional benefits from the said date till 31.03.2013 and to pay them regular pay and allowances w.e.f. 01.04.2013. Some additional directions were also issued for implementation.
ONGC as well as the Union filed LPAs against the above judgement by Hon’ble single judge before Division bench of Gujarat High Court which were admitted. During the pendency of the case with Division bench, the Union filed SLP before Hon’ble Supreme Court praying for stay against the operation, implementation and execution of an interim order by Division bench which was disposed of on 16.10.2014 with some directions related to the concerned workers.
The matter was finally decided by Division bench of Hon’ble Gujarat High Court on 29.04.2015 wherein LPA filed by ONGC as well as that filed by the Union were all dismissed thereby upholding the decision of Single Judge in the matter.
ONGC filed SLP (C) before the Hon’ble Supreme Court which cam up for hearing on 17.08.2015. Hon’ble Supreme Court after taking into consideration the peculiar facts and circumstances of the cases passed an order stating, inter alia. That they were not inclined to interfere with the impugned judgement and the order passed by the Gujarat High Court. Thus, the SLP was dismissed.
Further, I am also in the list of 577 employees as per the above case. My term as tenure based was not extended by ONGC from 24.01.2013 without assigning any reasons. In fact, I was a B.Com graduate though I have been posted in field duty from 24.01.2005. I had worked in field duty till 24.01.2013. When the time came for further extension of our tenure from 24.01.2013, my controlling officer at the field duty relieved my from the field operations stating that since the individual is not having any technical qualifications, he must be posted in other department as per his qualification. Due to this HR has not done my term extension from 24.01.2013. Since then I continuously wrote several letters regarding my extention but I got no reply from ONGC. When in the year 2015, which I have stated above when Hon’ble Supreme Court has dismissed the ONGC appeal, I thought that since I am also one of the beneficiary in the case, and also on the rolls of ONGC on 24.01.2005 as per the Single Judge Judgement, now I will get appointment . I had also brought this to the senior management of ONGC.
On 26.08.2015, I got first reply from ONGC regarding my non extension of tenure in 2013. ONGC has stated that Hon’ble Supreme Court order datd 17.08.2015, cannot be referred to in my case, as my services as tenure based field operator with ONGC ceased on 24.01.2013 on the basis of poor performance. I am quite surprised to receive this letter.
Now wat is the remedy in legal terms with me.........
Thanks
Adv. Yogesh Pawar
25 May 2017 at 13:22
hello Experts,
I have purchased resale flat in ongoing project in Pune at grampanchyat area. The possession letter of flat is April 2014. Till now builder is now providing Work Completion Certificate, MSEB NOC, and other legal documents. We have demanded many times but there is something illegal in construction that's why he is not providing. How to get the documents if builder is not providing ?
vimal_1986
25 May 2017 at 11:49
Dear Sir,
Good Morning,
i have some query, i was working with a Japaneses firm as a IT office. and after working 1 year and 21 days my HOD terminate me. and hold my full dues and salary. first i want to clear in my offer letter clearly mention that i will be on probation period for the first 6 month. if company not satisfied with my job, they extend my probation period for next 3 month and after that they terminate me. but i don't know, my probation period extend 3 times (first 6 month, next 3 month and last 3 month and 21 days.) and suddenly they terminate me. if i go with company policy they can terminate me after extend my 2nd probation period but they not do that.
i need your suggest that can i go with legal law.
please help me.
Regards
Vimal
Vishant Rawat
25 May 2017 at 11:46
1-My father is holding a propery of 24 bigha in haridwar uttarakhand and he wanted to transfer it to me and his daughter equally.which one is the cheapest way to do so.
2-Is there any other way than will/gift.
pushpakrishna
25 May 2017 at 10:36
Dear experts
What is the legally valid interest can be charged by a money lender. Wether it is 18 percent pa or 24 percent pa.
Kindly let us know. Thanq in advance.
Rakesh Kashyap
25 May 2017 at 09:33
I am from Nepal and done my graduation from India. Now i am here in india for last 6 years. Now if I want to work for MNCs in India, do i need visa/work permit ? I have passport of Nepali citizen.
Any suggestion regarding this is welcome.
Ashwani Kumar
25 May 2017 at 09:25
can any one provide the judgment of supreme court regarding Birthcast is applicable of women in all place ,
My wifes nomination in panchayat election is rejected due to her birthcast is lohar in punjab and its announced OBC by punjab gov, and same cast is SC in himachal.
Due to this dispute govt failed to issued the certificate in himachal.
My Birth is in Punjab Married in Himachal.
Even i petition in the high court and high court judgement is to allow me to participate in the election. after it i unable to fight the election due to corruption & political involvement by the competitor.
CHIRADEEP ROY
25 May 2017 at 08:55
Hindu stepmother died in 2003.Her husband died in 2014.She has no child from her womb,only one stepson from her husband's first marriage.First wife died long back.Can the stepson inherit stepmother's ancestral property from her parent's side???
Archana Nayak
25 May 2017 at 08:45
Dear experts plz help me in this regard,
The total property land of 30 dismile of my father is devided between the two son me and my elder brother as 14.50 & 15.80 dismil respectively in lok adalat. Further it was found that the physical measurement of my property is 0.30 dismil is excess is existed. Which is a govt land. And further
Some portion of my building approx 15 inches is still existed in my brothers property and similarly approx 10 inches of his building is still exists in my property.
I wanted to clear this by mutual concent. But my brother wants to take the excess property of 0.30 dismil from my 14.50 dismil in the exchange of the excess land on which I have no right of ownership. And threatened me, that if I do not agree with him then he will file a suit which can stay on my property and I can not make any construction work for 35 years
Sir plz help me in this regard
Dhananjaya
25 May 2017 at 04:55
Sir recently KEA board held an exam for PDO recruitment.
Some ppl are arguing that KEA has given 20 more grace marks out of 400 so 're exam will be there for that they say they are going to KAT
What may be the result mean 're exam or revised answer
Or no change
Appointment in ongc.
I am Ramesh Francis, cpf No. 67994 one o the employee of 577 term based workers of western sector who was to be regularized in ONGC alongwith other employees. Case details are as under:
The pertains to regularization of 577 term based workers of ONGC western sector. An Industrial Dispute was raised by ONGC Employees Mazdoor Sabha, ONGC Baroda demanding regularization of 577 term based employees. Conciliation resulted in failure on 13.8.2004 and matter was referred to CGIT-cum-Labour Court, Ahmedabad by the Ministry of Labour and employment, Govt. of India in December 2004.
After a long drawn adjudication CGIT-cum-Labour Court, Ahmedabad passed an award giving directions for regularization of various categories of term based appointees depending on relevant facts of the respective cases. ONGC was, inter alia, ordered not to import recruitment from open market unless term appointees were given appointments.
Afterwards union and ONGC both filed Special Civil Applications before Hon’ble High Court of Gujarat against the award of CGIT while adminitting the SCAs, Hon’ble High Court gave four directions vide their interim orders dated 27.03.2012. The main effect of these orders was that the embargo imposed on recruitment from open market was placed in abeyance and ONGC was ordered to pay regular salary of regular employees w.e.f. 01.01.2012.
Some other applications were also filed in the same case before Hon’ble High Court. All the applications/appeals were considered together and the final judgement by the learned single judge was pronounced on 26.04.2013. ONGC was, inter alia, directed to treat the concerned workmen on regular employment w.e.f. 24.01.2005 or the date of first re-issuance of appointment order as the case may be and accordingly grant notional benefits from the said date till 31.03.2013 and to pay them regular pay and allowances w.e.f. 01.04.2013. Some additional directions were also issued for implementation.
ONGC as well as the Union filed LPAs against the above judgement by Hon’ble single judge before Division bench of Gujarat High Court which were admitted. During the pendency of the case with Division bench, the Union filed SLP before Hon’ble Supreme Court praying for stay against the operation, implementation and execution of an interim order by Division bench which was disposed of on 16.10.2014 with some directions related to the concerned workers.
The matter was finally decided by Division bench of Hon’ble Gujarat High Court on 29.04.2015 wherein LPA filed by ONGC as well as that filed by the Union were all dismissed thereby upholding the decision of Single Judge in the matter.
ONGC filed SLP (C) before the Hon’ble Supreme Court which cam up for hearing on 17.08.2015. Hon’ble Supreme Court after taking into consideration the peculiar facts and circumstances of the cases passed an order stating, inter alia. That they were not inclined to interfere with the impugned judgement and the order passed by the Gujarat High Court. Thus, the SLP was dismissed.
Further, I am also in the list of 577 employees as per the above case. My term as tenure based was not extended by ONGC from 24.01.2013 without assigning any reasons. In fact, I was a B.Com graduate though I have been posted in field duty from 24.01.2005. I had worked in field duty till 24.01.2013. When the time came for further extension of our tenure from 24.01.2013, my controlling officer at the field duty relieved my from the field operations stating that since the individual is not having any technical qualifications, he must be posted in other department as per his qualification. Due to this HR has not done my term extension from 24.01.2013. Since then I continuously wrote several letters regarding my extention but I got no reply from ONGC. When in the year 2015, which I have stated above when Hon’ble Supreme Court has dismissed the ONGC appeal, I thought that since I am also one of the beneficiary in the case, and also on the rolls of ONGC on 24.01.2005 as per the Single Judge Judgement, now I will get appointment . I had also brought this to the senior management of ONGC.
On 26.08.2015, I got first reply from ONGC regarding my non extension of tenure in 2013. ONGC has stated that Hon’ble Supreme Court order datd 17.08.2015, cannot be referred to in my case, as my services as tenure based field operator with ONGC ceased on 24.01.2013 on the basis of poor performance. I am quite surprised to receive this letter.
Now wat is the remedy in legal terms with me.........
Thanks