Advocate Rajiv Mishra
11 February 2017 at 22:28
Sirs, 156(3) application has been rejected by concerned magistrate on 14/6/2014, just after a year the same application was filled in the same court hiding the previous one but this was also rejected on the ground of none present.
Now the same applicant with the same lawyer filled the same application in the CMM court saying that the previous one was rejected on non present ground. This time the applicant again concealed the first application and the rejection order.
I'm the proposed accused.
Is application under 156(3) Cr.p. c. Can be filled repeatedly after rejection?
Do I have any remedy?
sachin agarwal
11 February 2017 at 22:26
There are certain guidelines for holding enquiry under section 7A of the EPF act, 1952 while deciding as to whether the pygmy agents working for the bank are employees of the bank and same are liable to be covered under the act, 1952 or not
in this regard. It is pertinent to submitted that while holding an inquiry under section 7A of the act, 1952 by the enquiry officer. There are certain guidelines issued by the Bombay High Court, such as the EPF authorities should collect necessary documents by inspection of records of the establishment/industry, it direction to the management to produce the document as may be found necessary, should be issued whenever the EPF authorities realise that the management is holding back certain documents.
The appointment orders/contract letters or agreement in between the bank and the pygmy agents/deposit collectors should be made available for scrutiny and should be taken into consideration.
Based on the above documents, the EPF authorities must adjudicate on the following are acts like 1. Whether the contacts/appointment orders have a semblance of employer- employee relationship, 2. Whether there is any supervision, control and direction of the bank over such agents, 3. Whether these agents are under an obligation to work only for a particular bank or its branches, 4. Whether these agents are permitted to work elsewhere or undertake any other business, job, profession or calling, 5. Whether such agents are primarily depend upon the work of collecting deposit for a particular establishment.
Interrogate the pygmy depositors to elucidate information about their exact nature of duties.
Based on the documents and an analyses upon considering the above mentioned factors, the APFC will have to arrive at a conclusion supported by regions. That such pygmy agents can be termed as "workmen"and share employer- employee relationship with the bank and are being paid wages disguised as commission. The said commission amount would then be termed as basic wages under section 2B of the act, 1952
sachin agarwal
11 February 2017 at 22:05
Applicability of the provident fund upon an establishment under the provisions of the EPF act, 1952 on the sole basis of report filed by the enforcement officer is not proper because there was no proper enquiry under section 7A of the act, 1952 was conducted by the enquiry officer in accordance with the provisions of the act is applicable upon the establishment and without given the opportunity to the employer to examine such employees and also to examine the report filed by the enforcement officer including with to examine the enforcement officer who prepared such report because without following the rule of natural Justice. The enquiry as well as the report cannot be say in accordance with the provisions of law therefore it is necessary on the part of the enquiry officer to conduct the enquiry under the guidelines issued by the various superior authorities and under the provisions of 7A of the act, 1952. In case there is no justified regions given under the enquiry by the enquiry officer, then the such inquiry cannot be said a proper inquiry and same is liable to be quashed.
srinath
11 February 2017 at 21:43
Whom is authority to whom should i complain about the fake sc certificates.In our district Tasildhar issues the certificates.Should i write any petition to National Commission for schedules castes.Pls explain me in detail??
asdf
11 February 2017 at 21:01
A person was working with a company for few years and had quit in Jan, 16. However he did not get any reliving letter and any experience letter. The person arranges the said documents from the office through his office collegues on company letterhead and gets them signed from his collegue as authorised signatory however does mention in it that he had worked there till May, 16. The employer comes to know about the same and is planning to take legal action against the employee who had quit the job. What are the options available with the employee if the employer files a case against him and the employee accepts his mistake
shubham
11 February 2017 at 20:46
Dear sir
Myself Shubham Agarwal, Assistant Executive Engineer in Border Roads Organization. I was appointed on 12 Jan 2016 through UPSC Engineering Services Examination 2014. Since then i am discharging my duties upto good level.
I am working in remote area where temperature is subzero and other working condition are not good. I have develop some problems in my spine. Because of some problems with my Officer Commanding ( Army Major) I decided to go on Medical leave as prescribed by Orthopedics Surgeon at gangtok.
Sir i worked for one full year and the taken 3 month leave ( 48 EL+ 28 HPL+ 14 EOL). Sir due to bad working conditions i want to remain in medical leave for another one and half year and want to prepare for another attempt to ESE 2018. Sir due to my family conditions i can't afford loosing this job and want to study again.
Sir i want Your advice on some major points-
1.The appointing authority terminate the service on medical grounds( Medical certificate from civil surgeon need to be furnished).
2.Would department initiate any inquiry? If department thinking about termination would they provide me sufficient chance to rejoin me again in service.
3. How much Maximum time i can avail on EOL. Also best suited method for availing Maximum EOL.
4. If department wants another medical opinion for approving leave then what i need to do?
5. Once appear in another exam and got selected then if i apply for resignation from service would department object or reject the application or would not provide NOC.
6. What are the points i need to take care before joining another service if i got terminated or remain in this service with EOL.
I am subjected to some army acts and rule which are only for disciplinary purpose and subjected to only minor punishments. CCS rules are applicable for all purposes.
Sir please provide your rightful insight to me and help with your advice and suggestions.
Thanks for your time and considerations in advance
Yours Sincerely
Shubham Agarwal
Dr Shahid Nadeem
11 February 2017 at 19:21
Respected Experts....There are two jurisdictional area of a criminal matter. The matter is of illegal appointments by making ante dated Documents in a school....One area in which a school is situated and forge Documents regarding advertisement, interview, appointments order, joining report and fake muster roll are prepared.... Second area is a district place of Education Office, where all these documents were presented along with a proposal from school to seek approval and grant of salary to such illegal appointments.Accordingly Then suspended corrupt Education Officer has granted salaries to those illegal appointments in 2014 despite of ban on recruitment and ban on grant of salary from state Government....
Now I have collected all the documents regarding these alleged appointments and FIR has been registered by me at jurisdictional area of District place where education office is situated , but PI has registered FIR as "Zero FIR" & send it to the area where school is situated.....
My query is that as I have received copy of FIR from District jurisdictional area and sign
Dipa
11 February 2017 at 18:48
Dear Team,
Can you suggest name of Sr.Lawyer in civil from howrah court.
Regards,
Dipa
mahmood mithani
11 February 2017 at 18:03
Our is a housing society - we have 2 wing - A & B , both wing terrace is not connected hence can not use the lift of other wing in case of emergency.There is one lift per wing. The building is a 7 storey building.Recently society passed a rule that a member cannot carry any materials require for the repair/ renovating his flat & also cannot carry his belongings like furniture, and household materials in case of shifting or in case of buying new one,we are forced to use staircase in case of buying of new furniture or buying of any materials.My question is this rules is justified? in the books of law? or we can challenge this rule as per the law
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Provident fund
An order passed by authority without extending any notice or opportunity to the party concerned, is liable to be quashed being violative of principles of natural Justice.
As far as the service of notice is concern, it can be said that without following the rule of natural Justice during the enquiry under section 7A, 14 B, the such inquiry cannot be sustained in the eyes of law. There are a little bit of chance to hold the enquiry justified if in their case there is any notice issued by the authority to the aggrieved person and aggrieved person could not attend the hearing intentionally therefore there is no violation of rule of natural Justice. But if there is any factual as well as legal mistake, error on the part of the enquiry officer regarding the service of notice is clear-cut violation of rule of natural Justice. Hence the total enquiry is unjustified. If there is any provision under the act or law regarding the intimation of inquiry should be given to the person who is eligible to join the enquiry should be given in accordance with the provisions thereunder and without following the provisions the enquiry must be no force of law and same is liable to be set aside.
There are certain obligations not only upon the part of the enquiry officer but also to the aggrieved person to perform their part in accordance with the provision of law and without performing their duties in terms of the law, then the enquiry is not sustainable in the eyes of law.