praveen kumar
21 August 2015 at 12:35
Dear Experts
Section 52 of Factories Act says :
(1) No adult worker shall be required or allowed to work in a factory on the first day of the week (hereinafter referred to as the said day), unless—
(a) he has or will have a holiday for a whole day on one of the three days immediately before or after the said day
As per proviso to section 52 of Factories act - .." no substitution shall be made which will result in any worker working for more than 10 days consecutively without a holiday for a whole day".
Section 53 of the Act on Compensatory holidays.—
(1) Where, as a result of the passing of an order or the making of a rule under the provisions of this Act exempting a factory or the workers therein from the provisions of section 52, a worker is deprived of any of the weekly holidays for which provision is made in sub-section (1) of that section, he shall be allowed, within the month in which the holidays were due to him or within the two months immediately following that month, compensatory holidays of equal number to the holidays so lost.
(2) The State Government may prescribe the manner in which the holidays for which provision is made in sub-section (1) shall be allowed.
**** A factory seeks to declare a Sunday as working day.
The said Factory instead of giving holiday as per 52 (1) (a) seeks to apply Section 53 and to give holiday in lieu of the working Sunday beyond the statutory 10 days Limit.
Is it correct in doing so? Please enlighten as to when and how section 53 is operated?
Rajinder Singh Bhalla
17 March 2015 at 14:45
Jurisdiction in Cheque bouncing cases in view of August 2014 decision of SC
Section 182 is applicable to decide the jurisdiction of the court.
But SC did not consider section 182 of Cr.P.C. at all.
How can that decision of the SC be changed.
praveen kumar
11 March 2015 at 11:17
when analyzing adherence to Minimum Wages as per govt notifications, what amount should be compared with statutory notification - the basic and vda component or the gross salary. Illustrative Case:: a security guard is paid 5000 as basic + da and 3000 as other allowances = gross 8000. the relevant Minimum wages for Security guard of that category and region as notified by CLC is 5200 (Basic + VDA). Is the payment being made to the security personnel in violation of Minimum wages Act.
thanks & regards
twnklkr
20 February 2015 at 12:22
my company filed a case against us charging 72/379/34, they forcefully asked me and my senior to give in written that we have shared the contact details of their clients.
they hacked our email id,whatsapp and kept our personal mobiles with them. the anticipatry bail is rejected, we have decided to surrender.the API says that 408 may take u to jail for 7 yrs. plz guide us, we r civil engineers and company want to spoil our career.
praveen kumar
03 September 2014 at 12:54
dear experts
when on the request of the party, an arbitrator has been appointed; can the party request for change of arbitrator as not being "competent or expert".?
Can any such request for change of arbitrator be made to appointing authority even after appointment of arbitrator as per legal provisions??
kindly bring some light on the issue.
regards
praveen
praveen kumar
19 June 2014 at 11:14
dear members
I am a law graduate and have joined a defence psu (DPSU)recently as officer trainee(in January 2014).
I want to appear for civil services and some of my fellow colleagues want to appear for judicial services.
now, the company refuses to forward application wherever required saying that in our offer letter it is expressly mentioned that
"during training and subsequent bond period appointees will not apply for any commission , examination etc. without first obtaining written permission from competent authority and further no such application will be forwarded by company during the said period.."
the bond is for 6 years including 1 year training and 5 lakh in amount.
the query is - 1. how can we apply through proper channel in this case.
2. if a person is ready to pay bond if he gets selected somewhere and resigns(vide an undertaking ) how can they still not give noc?
3. HOW DO WE APPEAR FOR THE EXAM WHILE MENTIONING IN FORMS THAT WE ARE CURRENTLY EMPLOYED, IN BONAFIDE MANNER?/
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Need divorce from husband
hello sir,
i have been married since last six month, i had love marriage but since last one month i m not living with my husband because he dont respect my family and i feel like i married to wrong man. i want to take divorce from my husband. please suggest me what ground shall be possible for me to use against him, coz he wouldnt agree for mutual divorce.
shubhangi.