Loss of seniority in case of taken lwp

Assistant Engineer

Dear Sir !

      I have joined my Govt. Company ( Chhattisgarh State Power Transmission Company Ltd.) as Assistant Engineer AE (Trainee) on dtd. 02/03/2009. Trainning was for 1 year after appointment. Then after I have taken 15 days leave for my marriage, which was treated as unpaid leave (leave without pay). And according the company has deduct my stipend of that 15 days. Now they have regularized  after training ( after a year) and on dtd. 17/03/2010 in place of 02/03/2010 i.e. after 15 days. Now the company has also not paid the regular pay ( Basic+DA) of AE for period 02/03/2010 to 17/03/2010. Finally the Company has published my seniority list, where my name was placed in the last of my appointed batch. Since I am placed in top 10 of the merit list of my batch.

       Therefore Sir I would like to ask that is it correct, I will loose my seniority in the above case ? Requested that kindly give me proper suggestions and action what to be taken to achieve my seniority at correct place please.

 
Reply   
 
Dy Director

on one side you say that you were paid stipend and on other side you talk of LWP.

 

If you were paid stipend then your service did not commence.

 

You have a right to claim panels srniroirty unless the terms and conditions of the psu are different.

 
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Assistant Engineer

Mr. Sudhir Sir,      Namaskar,

       Here I would like to say you that after appointment, the company gives stipend during training period.

So the Company did not give stipend for my above 15 days period, since I have taken leave for period 01/05/2009 to 15/05/2009. Therefore my regularization date has been extended 15 days to 17/03/2010 in place of 02/03/2010. Hence as per Company, that I am regularize on 17/03/2010, so they have given regular pay ( Basic+DA) of AE from 17/03/2010, not from 02/03/2010

But here I am penalized for three times :- 1st- Company did not give stipend for my leave period. 2nd-Company did not give my regular pay for 15 days as per above Para. 3rd- Company has put my name in the lowest of my batch in the Seniority list.

And it is sure that Company has no any circular or order in this regard. Therefore kindly suggest.

 

 
Reply   
 
Dy Director

when stipend is given the service is yet to commence.  Service commences the day you are paid.


You have a right to claim panels seniority  unless the terms and conditions of the psu are different.

 
Reply   
 
Assistant Engineer

Dear Sir,

Stipend is not given for leave period only. But after the leave they have continued to give stipend.

 
Reply   
 
Assistant Engineer

What is panels seniority ?????

 
Reply   
 
Dy Director

panel seniority is the seniority as per Select List.

 
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Dy Director

Originally posted by : Prem Dewangan

Dear Sir,

Stipend is not given for leave period only. But after the leave they have continued to give stipend.

you may be confused but I am not.  Nor you can confuse me.


The period for which stipend is paid to anyone is not a part of service.

 

Please come out with any facts not disclosed so far.  If no more facts are there you stand advised and meet a lawyer to consider feasibility of filing of cacse.

 

 
Reply   
 
FIN

 

You may refer to Apprenticeship Rules 1992: SCHEDULE-V:See Rule6: Obligations of Employer (both in the case of Major and Minor Trade Apprentices).

            (Under section /I of the Apprentices Act, 1961)

 You have posted that:                                                            

---“it is sure that Company has no any circular or order in this regard. “

This is in your favor.

---“I have taken leave for period 01/05/2009 to 15/05/2009.”

Refer to leave rules during apprenticeship.

---“Now they have regularized  after training ( after a year) and on dtd. 17/03/2010 in place of 02/03/2010 i.e. after 15 days. Now the company has also not paid the regular pay ( Basic+DA) of AE for period 02/03/2010 to 17/03/2010. “

“1st- Company did not give stipend for my leave period. 2nd-Company did not give my regular pay for 15 days as per above Para. 3rd- Company has put my name in the lowest of my batch in the Seniority list.”

 

Refer to the rules as stated in the apprenticeship rules and relate with your case.

You seem to well aware and informed and you can succeed.

 

 
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