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Prashant (centermanager)     21 March 2012

Salary stopped

Sir,

this is with due respect i am an employee with progressive India, i am with them from more than 1 year with salary of rs. 6400+ working as an engineer and repairing laptop at Dell service center on their behalf, service center is outsourced to wipro infotech and indirectly hired by them. me and 3 other collegues resigned becoz we are getting better salary. We never get any confirmation letter from progressive India only appointment letter so far. when we resigned we just give 2-7 days notice period and resigned. now company had stopped our salary and conveyance amount, whenever we are calling progressive they ask to call wipro and vice versa. please hep us to suggest how to get our salary, our salary was quite low and now we are getting better salary. please suggest do we have to go legal, or is there any alternate to get our salary. we have to pay our room rent. please help us



Learning

 4 Replies

Kumar Doab (FIN)     21 March 2012

You were appointed and appointment letter was issued by progressive India.

You must have resigned in line with termination clause in your appointment letter. Your company can claim notice pay from your FNF settlement, if it is applicable. You may submit first a gentle representation to your appointing authority and if a/c is not settled you may approach o/o Labor Commissioner/wages inspector.

 

Apparently you and your colleagues were seconded to other company, and your company might have entered into some contract with second company and as per terms of the contract if employee of first company leaves without notice of ............days second company might be empowered to deduct ..........amount. The contract of two companies does not bind you, until or unless you have accepted the implications in writing.

Prashant (centermanager)     22 March 2012

thank you so much sir for you immediate reply. god bless you and fulfill all your wishes.

sir, please reply my this query as well. we are temporary employees and in our appointment letter there is nothing mentioned to serve notice, are we still bound to serve notice. however we had given 2-7 days notice each one of us, please also share wage inspector/ inspector address/ phone number if any. once again thank you so much sir.

Kumar Doab (FIN)     22 March 2012

You may look into certified standing orders/employee rule book of the company. Certified standing orders are to be circulated by the company, to be placed on gate, and might be available at HR web page of intranet and if certified standing orders are not applicable model standing orders shall apply.

If there is no notice period clause in your appointment letter and no circular/ corrigendum was issued on inclusion of notice period clause and was accepted by you in writing, you can contend that notice period was not applicable.

You shall have to find the O/o Labor Commissioner in your city and wages inspector address shall be available in this office.

All of you (separately) may submit a gentle representation by redg. post, addressed to good offices of your appointing authority, MD, Head-HR stating you had informed about your resignation in advance, and notice period clause is not applicable to you as per appointment letter issued to you and settlement of you’re a/c has not been done and intervention of good offices is sought for supplying you the acknowledgment/acceptance of your resignation, work experience/service certificate, relieving letter, form 16, FNF statement, payment of dues/wages by bank DD only ,PF number/accumulation reports/withdrawal-transfer forms, NOC/NDC, by redg. Post only, so as to reach you say in next 7 days. Ideally the settlement should be done on last day in office or within next 2 days. If all of you can resolve the matter amicably with your employer it shall be quickest and easiest soloution.

You must submit company property if any with you under proper acknowledgment or ask to whom it should be submitted and if no company property was ever issued to you may mention it in your letter.

All of you jointly can approach a competent and experienced service lawyer and this may lower your expenses, and your lawyer may choose to issue a legal notice. If you are member of a trade union your union can help you. It is better to be member of a registered trade union.

 


(Guest)

 

 

Plaintiff: The party who initiates a lawsuit by filing a complaint with the police or the court against the defendant(s) demanding damages, performance and/or court determination of rights.

 

Accuse: To charge formally with a wrongdoing to police or challenge in court against the accused.

 

Since nobody knew that Bhakti Naidu has stolen the mobile, there is no Accuser, Accused , Plaintiff - where you serve legal papers to the accused for appearing in court for proving the crime. She was using the stolen IDEA SIM, for calling two men, tracked by Pune Police Department.

 

First Information Report (FIR) is a written document prepared by the

police when they receive information about the commission of a offence. It is a report of information that reaches the police first in point of time and that is why

it is called the First Information Report. It is generally a complaint lodged with the police by the victim of a cognizable offence such as theft , or by someone on his/her behalf. Anyone can report the commission of a cognizable offence either orally

The Judgment Information system consists of the Judgments of the Supreme court of India and several High Courts. In the case of the Supreme Court all reported Judgments which are published in SCR Journal, since its inception i.e. 1950 till date are available. The Judgments reported in SCR till 1993 also have head-notes. The judgments reported in SCR in 1994 and later have only text of judgments with out head-notes. For any case of robbery the crime & Punishment has been decided by law. Bhakti Naidu-  daughter of Surendra Naidu , Student of BCA Indira College of Commerce (at time of crime register when she was caught) for stealing Nokia Mobile, Using IDEA SIM for calling two men minutes after stealing. In her crime record - Indian Penal Code in her name . Section 379, punishment for theft. Whoever commits any theft shall be punished with imprisonment of either for a term which may exceed to three years, or with fine, or with both.The case was caught by Pune Police department. National Crime Record Bureau contains - All the crimes, criminal records with name, address, details of criminals are accessible to police, judiciary, citizens of India, World. 

 

An FIR is a very important document as it sets the process of

criminal justice in motion. It is only after the FIR is registered in the

police station that the police takes up investigation of the case. In this case the FIR was lodged for Mobile theft (with SIM, where mobile number was given to the police while registering FIR ). The procedure of filing an FIR is prescribed in Section 154 of the Criminal Procedure Code, 1973. You should sign the report only after verifying that the

information recorded by the police is as per the details given by you.

People who cannot read or write must put their left thumbimpression on the document after being satisfied that it is a correct record. Always ask for a copy of the FIR, if the police do not give it to you.It is your right to get it free of cost. you mention in the FIR- Your name and address; Date, time and location of the, incident you are reporting (It was Indira college of commerce, during BCA exams Wakad, Pune) . A police caught offence is one in which the police may arrest a person without warrant. They are authorised to start investigation after the FIR on their own and do not require any orders from the court to do so.

 

The laws were intended as a means of limiting and eventually abolishing prostitution in India by gradually criminalizing various aspects of s*x work. The main points of the PITA are as follows. WHY DO PROSTITUTES USE STOLEN SIMs OR SIMs with fake IDENTITY: A prostitute who lures or solicits shall be prosecuted. CALL GIRLS cannot publish phone numbers to the public. (Imprisonment up to 6 months with fine, point 8) Sex worker also punished for prostitution near any public place or notified area. (Imprisonment of up to 3 months with fine, point . Any adult male  acting as a mediator  or living with a  prostitute is termed as Pimp (Imprisonment of up to 2 years with fine, point. )


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