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Queries Participated

Navin Pandya   04 March 2014 at 13:57

Certified standing orders

Dear Legal Experts,

Namaste!

I have the following query:

M&M Ltd's Certified Standing Orders provide for dismissal without Notice. How Labour Commissioner has certified and allowed such provision? Is it not violation of fundamental/human right?

"clause 23 (1) A workman guilty of misconduct may be-
(a) warned or censured, or (b) fined subject to and in accordance with the provisions of the Payment of Wages Act,1936, or (c) suspended by an order in writing signed by the Manager for a period not exceeding four days, or (d) dismissed without notice." The formality of charge-sheet and enquiry to be completed.

Can such provision be challenged under Writ
Petition?

Kindly advise.

Best regards,

Navin Pandya

Navin Pandya   02 March 2014 at 06:59

Director's disqualification

Dear Legal Experts

Namaste!

Kindly advise:

Anand Mahindra, CMD, M&M Ltd. guilty of following:

1) He was fined Rs. 50,000 (fifty thousand)by Bombay High Court for importing Yacht without valid import licence.

2) He violated 'Stay' granted by Industrial Court by terminating two officers of the company. M&M Officers Association filed criminal complaint in Labour Court & he was produced in the Court. Subsequently, the matter was settled out-of-court.

In view of the above, is Anand Mahindra disqualified as CMD of the Company?

Best regards,

Navin Pandya

Navin Pandya   04 January 2014 at 10:10

Company petition

Dear Legal Experts,

Namaste.

Kindly clarify/advise.

Notice was served on M&M Ltd.for removal of Directors under Sec 284 (4)of Companies Act. M&M filed Petition in the Company Law Board, Mumbai Bench by engaging Shri Darius Khambata. Bench Member, Shri V. S. Rao had passed Order in favour of the company even before serving a copy of the Petition to the Respondent. Now the file is missing with the CLB. Earlier,the Bench Member was Regional Director, Ministry of Corporate Affairs whom I had complained against the company.

Can the Company Law Board pass Order even without serving copy of the Petition to the Respondent?

Best regards,

Navin Pandya

Navin Pandya   01 January 2014 at 20:49

Legal inequality: directors vs. employees

Dear Legal Experts,

Namaste.

According to provisions of Companies Act:

1. Under which section of the Act, a person is appointed Chairman Emeritus, even though not a director? The person who holds such position is convicted by court,he has appealed to higher court, not a director on Board, yet Board appointed him Chairman Emeritus.Is this valid?

2. A convicted director is eligible for reappointment after five years of completion of sentence, why not an employee who was dismissed for misconduct?

kindly clarify/advise on the above matter.

Best regards,

Navin Pandya

Navin Pandya   31 December 2013 at 19:03

Labour court to labour court


Dear Legal Experts,

Namaste.

1)Is one Labour Court's decision is binding to another Labour Court?

2)If the original application was under section 33 C (2) of IDA, does the Labour Court has powers to add other sections like 25T for unfair labour practices?

I will be highly obliged for the guidance.

Best regards and wishing Happy New Year to all.

Navin Pandya


Navin Pandya   30 December 2013 at 20:41

Workman


Dear Legal Experts,

Namaste.

Are Members of all types of Registered Trade Unions & Associations workmen?

Kindly clarify/explain.

Regards,

Navin Pandya

Navin Pandya   26 December 2013 at 10:36

Labour court didn't used its powers

Namaste.

Kindly clarify and advise:

1) Even though Labour Court has powers to try criminal offence, the Court denied to use it against the Respondent for misrepresentation despite demand by the Complainant, which led to miscarriage of justice to the Complainant.

2) The Labour Court did not combine/include other provisions/sections in the ongoing application after the further issues developed after the main application.Despite the Complainant's matter in the Court, the Respondent dismissed the complainant, without Notice & Notice Pay in the most unjust manner without the Court's permission but the Court didn't question the Respondent for such illegal act but rejected the Complainant's application to add another concerned provisions of the IDA and provide relief to the complainant.

3) The Labour Court didn't direct the Respondent to produce the Resolution of the Board of Directors, pleadings signed according to the order No. XXIX of the Civil procedure Code and the Power of Attorney in favour of a person signing the Respondent's pleadings.

Under the circumstances, is the judgement of the Labour Court valid?

Best regards,

Navin Pandya

Navin Pandya   22 December 2013 at 18:25

Status as workman

An employee was a junior officer in a company having six grades for officers. Obviously he had no administrative or managerial powers and worked as instructed by superiors. His appointment letter was silent about his department and job responsibilities.

Upon a dispute for promotion, the superiors took away his work and he was kept idle without assignment till he was dismissed after four years of mistreatment by superiors.

In the Labour court, the company misrepresented fabricated fake job responsibilities to prevent justice to the employee. The Labour court did not go in details for sake of justice but ruled against the employee stating not a 'workman'. The Labour Court neglected the fact that the employee was never given job responsibilities and after the dispute, he was without any work assignment.

When the employee was without any work till he was dismissed, what is his status as a workman under the legal definition?

Best regards,

Navin Pandya

Navin Pandya   15 December 2013 at 17:29

M&m ltd. not giving proposal in writing

Namaste!

I am struggling for justice against my most unjust dismissal from Mahindra & Mahindra Ltd.

After SEBI's introduction of Listing agreement Clause 55, the Company agreed to resolve my grievances by paying compensation but the company doesn't want to do in transparent manner, ie, give proposal in writing. The company wanted to spread it over years, whereas I requested in lump sum in view of my being almost a senior citizen.
Now, there is status quo and the company does not respond further. I have only three emails as proof of company's agreement and then suspending discussion. There is not yet any further progress.

Can I file Writ Petition against the company? Kindly advise.

Best regards

Navin Pandya

Navin Pandya   09 April 2013 at 08:55

Bad judgments remaining unchallenged

Dear Legal Experts,
Namaste!
Because of judicial corruption, there are bad judgments for litigations. If bad judgments remain uncontested & quoted in other matters, will it not be injustice? Are bad judgments are reported in Law Reports? Was IDA 315 of 1990, Labour Court, Mumbai was reported in Law Reports? Judgment in IDA 315 of 1990 by Labour Court Mumbai was bad judgment & my appeal against same in HC was dismissed by Justice Nishita Mhatre without going into merits of the case & using her discretion to condon delay.
Do victims of injustice have to suffer because of bad laws & bad judges?
Best regards,
Navin Pandya