Raj Kumar Makkad's Expert Profile

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Mahesh says : MfI
what is the new MFI Ragistaration formalaties Plz Suggest me,

Member (Account Deleted) says : Delay in conducting domestic inquiry
Dear Sir, We want your advise on matter /point of delay in conducting domestic inquiry. The scenario is as under:- 1. The unionized workers of our factory went on sit in strike from 04.04.2007 to 12.04.2007 ( exactly before 3years and 10 months). 2. On 13.04.2007, we have asked striking workers to give undertaking to management and resume on duty. 3. Thereafter many times we have appealed workers to withdraw and resume strike but no one is turned back. 4. After passing of 17 months, on 8 Dec 2008, management have issued charge sheets to all workers through RPAD/UPC. 5. All posts returned back to management with various remarks of postmaster like Addressee is not traceable, refused to accept etc & management have filed the same. 6. Now the matter is on board Vide no IDA/05/2007, on stage to lead and record evidences. In 1st date we have produced in court, evidences of, muster roll, notice displayed, return mails, etc. 7. Further in our claim of statement we have prayed to court that, That it be declared cessation of work in combination and concert and under the common understanding resorted to by a section of workman of the first shift on 4th April 2007 and continued by section of employees in general, second and third shifts and whose names are set out in Annexture- A, on 4th April 2007 and thereafter continued on day to day till withdrawn is illegal and unjustified strike. That it be further declared that the workmen whose names are set out in the list of Annexture A are not entitled to any wages or benefits on and with effect from 4th April 2007 and thereafter for each day til the illegal strike is withdraw. For direction or mandatory order directing the workman list in Annexture A, be unconditionally and unequivocally withdraw the illegal strike execute undertaking in terms set out in notice dated 12th April 2007 and to resume full normal duties. Cost be granted. Any other and further relief as this honorable court may deem fit and proper. We apprehend that court can give speaking order to management to take on duty to striking employees at any stage and examine the intention of both parties. For this management is not prepared to face the music. In view of above mentioned you are requested to advise on the issue. a) Is it advisable and legal to conduct the inquiry after about 4 years of misconduct ? b) Could it be legal if after conducting of inquiry if workers are dismissed and Challenge the dismissal orders? c) Whether we should again issue of charge sheet to the worker as earlier send in Dec 2008 or frame new one adding the charges of illegal absent from duty from 3years and 10 months?. d) Whether the inquiry initiated after such long period would consider it legal and proper ? Thanking you in advance for the time and your valuable advice. Regards Meman

giriraj sharma says : CAT disputed order
Dear sir, appeared in deptt exam.fail by jsut 2 marks.got answersheet under rti.found many mistake in evaluation.my few correct answers were made wrong .in 2 questions 5 facility name was askd .write down 5 name there r 10 to 15 facility available.in model answer key there were only 5 answers.if i write down other than these answers my answers was made wrong.even what i ahve wrtitten accepted by cpio of my deptt.hence applied through proper channel but no response.then i approach CAT.CAt direct to consider the representation.Deptt pass speaking order that we have no revaluation rule hence can not revaluate but increased 1 marks as this answer was in model key.But my argument was that my answer is correct and i am not asking for revalution of whole answer script.provided 1 marks but in case of others correct answers they said as per model answer there is no change in other answers.again move to CAT. I prayed following point in CAT 1. My answers was correct but no marks provided. 2.i have attached solid evidences like RTI acceptence,Trg center document even pritn out of wesite where these facility(my answer) was availabele. 3.Mistake was commited by evalutor because there were only 5 samples .but there r 10 -15 correct answers.Model answer r provided for help but in my case evaluator was based on only model asnwer key.even i attached relevent document with my represenation but examiner said that as per model answer key u r answers r wrong. 4. Further it is said as there is no revaluation rule hence can not revaluate u r rest answers. 5even my answersheet was was send to same examiner but it should be send to other examiner but CAT dismissed my appeal.CAT stated that 1. As there is no revaluation rule and you have not challanged the rule. 2. Examiner may used same method of evaluation for other candidates also.hence direction of revalution in u r case will be unjustice to others candidates. 3.1 marks increased does not mean u have wright to revalute. 4.applicant have no right to say that as answersheet was send to same examiner it should be send to another examiner now i want to move HC. what should be main focus in my writ.what is probabilty to win.pls guide for future strategy.

Gopal N.Trivedi says : permanent ownership
Gaykwad state granted some land for settlement to one community in 1939 in Gujrat,Possesion of land having legal hairs of allotters and cultivating also but not having they name as owner, How can they(Aloties) apply for permanent ownership? against who?Pls give me format of Application.

prasad says : fresh suit on abatement
plaintiff had filed original suit in 1999 .My father (Def no 1) died 29.01.2003 .our advocate had intimated on very next date. In May 2005 court had passed order suit abated against defendants no 1 decedents as no Lr brought on record though sufficient time is granted. In suit 30 defendants also .We Lrs of Def no 1 in possession 60 % of suit property .Plaintiff tactically withdrawn original suit in dec 2005 subject to filing fresh suit saying as another few defendants also died so its easy to file fresh suit rather than continue original. In 2006 filed fresh suit on same cause of action. Court has allowed to argu on our preliminary issue apllication.we put two issues .next date after 15 days. 1) Suit is not maintainable as Or.22 r. 9 on ground suit is abated against (we are LRs of defended no. 1. a) I have to ask 1) what kind of defense plaintiff can take. 2) Pecuniary Jurisdiction is 1 Lakhs to JMFC Most of suit property is agriculture land. Plaintiff have said only 17 guntha is Non Agri we are bringing on record 40 Gunthas are N.A.though he suits value doesn't go so far 2 lakes .plaintiff will pay differential amount & may continue suit. Out of suit properties some already sold before filed of suit those are also made parties. Purchaser developed the properties B) I have to ask --Can we seek the cost of construction is also subject to suit valuation. constrution made by purchaser is more than 60 lakhas.

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