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Raj K   08 May 2018

corporate query

Can any corporate lawyer help in this matter.
One of my acquaintance was marked Present and Working for a span of 10 days. Whereby he was out of city and non working during that period.
Is there any RTI that can be used for corporate to pull up attendance record of an employee.
Please let me know if any lawyer can do this.
raj911307@gmail.com


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 5 Replies

Kumar Doab (FIN)     08 May 2018

Is IT same matter;

https://www.lawyersclubindia.com/forum/query-178101.asp

 

How are you related with the matter and what is the purpose?

 

Kumar Doab (FIN)     08 May 2018

If the matter is in court the attendance record can be contested by establishing with the help of irrefutable evidences of employee not being in said town on said dates…

The court can summon the establishment and to submit record…

If the attendance is marked online thru employee log in thru HQ town office only and not from any other location then the said circular of the company may be attached..

If the person was on leave then he/she must also be having leave application and proof of submission/acknowledgment and approval....

If the attendance is Bio-metric then that part can also be cited..

If the said establishment is covered by enactments say; Shops & Estbs Act and employee by def. of ‘Employee’ as in the Act then establishment must have submitted various registers on attendance to Inspectorate per Shops & Estbs Rules………….in electronic/physical form and processed salary accordingly…

The Act and Rules might be available on Dept. of Labor website of state govt…

Check with Inspector appointed under the Act…

The LC might also be chief inspector appointed under the Act..

Kumar Doab (FIN)     08 May 2018

Go thru;

Central Information Commission

Mr.M K Sachan vs Punjab And Sind Bank 

https://indiankanoon.org/doc/63805856/

Shri Chetan Kothari vs Dr Venkata Tata Memorial Hospital

https://ciconline.nic.in/cic_decisions/CIC_CC_A_2014_000400-YA_M_178209.pdf

Central Information Commission

Mr. Om Prakash vs Delhi Transport Corporation

https://indiankanoon.org/doc/1198977/

SHRI SHRIPATI PATHAK vs CENTRAL PUBLIC INFORMATION OFFICER, MADHYA BIHAR GRAMIN BANK

https://dsscic.nic.in/files/upload_decision/2017-07-07-1549410040.pdf

The affected person on either side  may approach your own very able senior LOCAL counsel of unshakable repute and integrity specializing in concerned field of law  and having successful track record ….. and worth his/her salt …and discuss in person and even with seasoned PIP to draft as per facts of the matter and proceed in best of your interest.. ….and counter other side.

Raj K   09 May 2018

dear Sir ,
Regarding my query as posted above, i am really impressed by your reply to it.
Please suggest me any lawyer in mumbai , or please give me ur email address , so that we can discuss it privately

Kumar Doab (FIN)     09 May 2018

Discuss in person with your own very able senior LOCAL counsel of unshakable repute and integrity specializing in concerned field of law e.g; Labor/service matters or say Family matters  and having successful track record ….. and worth his/her salt …and discuss in person and even with seasoned employee’s/trade union leaders/PIP and proceed in best of your interest.. 

At your location you can find counsels par excellence..with your own efforts..

Check at LOCAL Labor Court/CGIT, Controlling Authority of Gratuity, School-Educational Tribunal, CAT, Civil Courts, Family courts, NCLT, HC,SC……..for such counsels..

LCI Experts Mr. Hemant Aggarwal, Mr M.V.Gupta, ...…………..are from your location/state…………..If you wish you may get in touch with them..

 


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