Civil Procedure Code (CPC)


Hello I have recently learnt that the a lot of private companies use specific confidentiality clauses restricting it's employees to openly discuss about salary within one another. My query is whether this is allowed or is it voidable or void ab initio as this completely defeats the purpose of wage and pay equality for the same role and hours. Any suggestions or advice will be helpful, thanks.

Answer now

18 August 2019 at 09:02

Resignation of teacher

Sir, my wife was working in a school since 12 yrs n was a permanent employee. She opted to resign n submitted her resignation letter on 18 April 2019 which was commencement of summer holidays specifying to settle the PF amount to be paid to her. Since May is school holiday period n institution got one and half month time to recruit another teacher in her place. The institution is not forwarding the PF payment and insisting us to pay 3 months salary.
Kindly put a light on the clause/rule related to this situation. May pls address.

Answer now

14 July 2019 at 08:45

Physical disable Right

Hello, Respected Member,

I am Shailendra Kumar Yadav (Physically challenged) texting this email in concern of Right of Disability.

There was one advertisement for an Assistant professor (which was reserved under URPWD( Unreserved physically challenged person) category in one of state University Dec. 2013. I had applied this post and keep on messaging to registrar and HOD time to time. I never get a reply from registrar but once I got a reply from HOD that soon it would be announced the shortlisted candidate. In Feb 2015 they published the list of all candidate with their respective applied branched (eligible and noneligible with remark) but in that list, URPWD reserved post did not mention (not a single candidate).
in this concern when i had asked to registrar and HOD, then ONly HOD replied that this post was reserved for that state as domicile and you are nondomicile of
that particular state candidate.

in response to this, when i emailed to HOD and told them that the domicile criteria for URPWD has not been mentioned in the advertisement and still, like other candidates, my name was not included in the list, along with the remarks.
After this HOD dint respond.

After all, i put several RTIs and complained to the physical disable commissioner, new Delhi.

then, university accepted their mistake but still, they didn't do anything and same time Physical Disable commissioner has issued one amendment request letter also in concern of my issues that in higher education system it may consider .

in the 2015 advertisements, the university got the application of only one candidate who was mine, after which they again advertised the same post but again they did not receive any application from any candidate. that post is still vacant.

there is several mistakes from university side to provide equal right to physically challenged person.

for reference i have attached the original advertisement copy, latest RTI Reply, Physical disable commissioner recommendation letter.

please help me to find legal advice.

Shailendra Kumar Yadav
Research Scholar,
Department of Environmental Engineering,
Delhi Technological University, New Delhi 110042

Answer now

19 November 2018 at 02:40

Notice period

I m Delhi govt employee..I HV completed my probation service from I HV selected on ESIC on same post under central there any notice employer asked me to serve three month notice period... I HV not time to serve this...and want instant resignation... employer asking me to pay three month salary..jbki sevice rules notice period ke bare mei silent hai....kya mujhe 3 month salary pay Karni Chahiye

Answer now

I worked for a tyrant. Started in Jan 2018 and quit in Aug 2018. I had a basic salary which was split in three. A basic given to me monthly, a part of the salary was given on quarterly basis as a variable pay and another vairable pay to be given to me at as annual which was also counted monthly.
Now I�ve quit and when I asked for the rest of variable pay which was mentioned in my contract the ex boss says he won�t as it supposed to be give at the end of the year and I didn�t not complete it and also the one part of my quarterly pay also is pending which he says I am not eligible for it
How far is he right ? Can I take any legal action against him ? Please advise as the amount is fairly good and I wouldn�t want to walk away from what is right fullly mine

Answer now

11 October 2018 at 23:23

Background verification Limit

Dear Exparts,
I have been working with a Finacial sector(Housing Loan Div) since Jan 2018 to till the time. At the time of Joining i have submit all the documents of my work experience after successfully verified they had offered me and i have joined. After Joining i have received appointment letter and successfully compleate the probotion period of 6months. Post verified my performance Higher management has confirmed my employement, now am the confirmed employee of that organization. Since day 1st to till the time am the only person who has acheiving 120% in all parameters compare with given KPIs shared by Higher management.
Now dated (09/10/2018) HR team has asked me to share the contact details of prev organization for Background verification.
Kindly share the below points :-
1) Is there any limitation of background verification??
2)Is there any process to do the verification after confirmation??
3) If prev employer not given the details then it would be impact on my job??
4) what would be the corrective measure safe guard the current job.
Need your valuable inputs

Answer now

04 October 2018 at 16:14

Revoke offer letter

Dear Sir/Madam,
Iam Usman P, on 14th August 2018, one company HR team selected me for Desk side technician position and released the offer letter but not mentioned the exact DOJ. Asked to resign from my job and to clear exit formalities. Now they are telling there will be delay in getting project,they are going to revoke my job offer. Now Iam jobless. Tell me how to take of my family and spoiled my career and future of mine and my family. I need a proper explanation on this. If I won't get proper response,then I'll take extreme action on this matter.

where i have to register a complaint and tell me the procedure.

Answer now

04 October 2018 at 09:00

Seniority of absorbees

Please interpret the following rules on seniority of absorbees considering that their is no direct recruitment or promotion happened (only absorption took place in a particular rank).

Seniority of Absorbees (DoPT Seniority Instructions and guidelines, 2010)

“3.1 The relative seniority of persons appointed by absorption to a Central service from the Subordinate Offices of the Central Government or other departments of the Central or a State Government shall be determined in accordance with the order of their selection for such absorption.”

“3.2. Where such absorptions are effected against specific quotas prescribed in the Recruitment Rules, the relative seniority of such absorbees vis-à-vis direct recruits or promotees, subject of the provision of para 3.4 below, shall be determined by rotation of vacancies amongst the available direct recruits, promotees and absorbees which shall be based on the quotas reserved for direct recruitment, promotion and absorption respectively in the Recruitment Rules. Where the vacancies in any quota or quotas are carried forward, the principles stated in Para 2.4.1 will apply, mutatis mutandis in determining inter-se seniority of the appointees”.

“3.3 The principle laid down in para 3.1 above will not present any difficulty where recruitment by absorption is made singly and at intervals but it will be found wanting in cases where two or more persons are selected from different sources on the same occasion and the selection is spread over a number of days. It will, therefore, be necessary for the authorities responsible for approving appointments by absorption to indicate the interse order of merit of the selected persons in such cases.”

3.4 - Seniority of persons absorbed after being on deputation
O.M. No. 20020/7/80-Estt.(D) Dated 29.5.1986 O.M. No. 20011/1/2000-Estt.(D) Dated 27th March, 2001]
3.4.1 In the case of a person who is initially taken on deputation and absorbed later (i.e. where the relevant recruitment rules provide for “Deputation/Absorption), his seniority in the grade in which he/she is absorbed will normally be counted from the date of absorption. If he/she has, however, been holding already (on the date of absorption) the same or equivalent grade on regular basis in his/her parent department, such regular service in the grade shall also be taken into account in fixing his seniority, subject to the condition that he/she will be given seniority from –
- the date he/she has been holding the post on deputation,
- the date from which he/she has been appointed on a regular basis to the same or equivalent grade in his parent department.,

Whichever is earlier.


My questions are:
1). whether length of service will be considered for person B even if person B absorbed after one year of the first absobed person A.

2). whether section 3.2 is applicable for seniority among Absorbees only (absorbed on different occasions)

3). Who is senior? Person-A holds rank-X in parent department and got absorbed in rank-Y (one rank up) in borrowing department in the year 2017. Person-B holds rank-Y (since 2000) in parent department and got absorbed in rank-Y (same rank) in borrowing department in the year 2018.

Answer now

Dear Sir/Madam,
I have worked in an organization for 35 days I have been tortured and I have worked more than 12 hrs day so I don't want that job.
I have signed offer letter which consists only notice period of 30 days.. nothing about payment terms if not served notice period.
I want to left the organization those people are asking gross salary is this correct or some where I have got info that only we have to pay Basic salary..
Please let me know whether I need to pay Basic or gross..
Thanks in advance.

Answer now

19 September 2018 at 11:48

Termination post maternity leave

Working in Service sector (logistics MNC) at Reginoal Manager level with employees reporting to me.

Facts of the case :
I was granted maternity leave from Sep'17 to Mar'18
On resuming office I was not re-instated to the same post/job profile. New employee was already appointed in that role.
Despite multiple follow-ups for two months till May'18, I was not provided any job role and designation.
I was not given any appraisal for the year 2017-18. No reasons were provided for this.
On May 16, 2018, it was communicated to me that there is no work and hence I should resign.
It was mutually agreed between me and the organisation that I would be paid salary until I get a new job OR for maximum 6 months (I have e-mail and audio recording for the same).
However during Sep'18, HR representative called and informed me that now the company would pay only 4 months salary.

Need assistance as to whether any legal action could be taken for the above case.

Answer now



Post a Suggestion for LCI Team
Post a Legal Query
Civil Litigation Course     |    x