Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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sachin (Asst. Team lead)     09 August 2012

Labor law

Hi,

I joined in my company on 1st December 2011… till date. Last month came to know that my department is closing on 31st of August  2012.

Now by exratio amount company giving the money as per seniority. For example any person completed 6 years then he will getting 3 months salary ie., per year 15 ka salary. Now in my case they will give me only 15 days ka salary which according to me is very less if I didn’t get a job in another firm how can i and my family survied with less amount.

As in offer letter, stating if any time I leave the company I have to pay 60 days money.

In this case how can you help me?

Please let me know.



Learning

 3 Replies

Surendranath. A (Applied Labor Law Consultants )     09 August 2012

Your company is paying you compensation as required under Industrial Disputes Act as it appears. In addition, your comapny has to give one month notice by paying full salary during the notice period or pay one month salary in lieu of notice. according to the said Act.

Sourav Hajra (Director)     09 August 2012

After providing a lot of verbal warnings to two employees showing job tardiness, I decided to fire them when they did not turn up for work for 7 days without notice hampering the work. What possible problems could I face as they have sought for labor union support?

srihari (doctor)     10 August 2012

I am a Senior Resident doctor  currantly working in the Govt Medical college in karnataka on contract basis. In  June 2008, I appeared for the Interview for the regular post of Senior Resident in psychiatry for which seven  applicants were there including myself and the MCI norms for the eligibility is MBBS wth 3 years experience but the Institute ie the Medical college insisted higher qualification in MD as the eligibility to apply and since I had MBBS with DPM with 16 years  teaching experience, being eligible as per the MCI norms, I appeared for the walk in interview along with 6 other applicants who also had MBBS with DPM  and we all were interviewed but the selection list was not announced in my specialty ie psychiatry, as the institute insisted for MD. The institute recruited 54 Senior Residents in various other specialites from the same notification as all of them had higher qualification in MD. when I objected, they renotifed on 18/8/ 2008 and said in the notification that if there are no MD candidates then DPM candidates will be taken on contract and I was selected by the selection commitee on contract  for the existing 3 vacancies for which I was the only candidate and no MD candidate or DPM with experience came and,  though it was a regular post I was taken on contract and I started working on contract from 1/10/ 2008 till date.

I filed a writ petition in the high court of Karantaka in march 2009  for regularization of services and the Hon'ble justice passed an order in June 2012, following an affidavit by the Medical council of India ( MCI) , that insisting MD as the eligibility for the post of senior resident is bad in law  and they said MBBS with 3 years experience is sufficient for the post of Senior Resident and also it was ordered that the Institute should renotify  when vacancies arises and to give weighage for the petitioner for the services rendered for working  on contract all these years including age relaxation for attending the interview. MCI affidavit to the High court in response to my writ petition,  clearly says  that MCI  is the highest body to maintain standards in the Medical colleges as per the parliament's Act  and the state Govts or the Medical colleges have no power to ask higher qualifications according to their conveience and also few supreme court judgements have aggreed on this issue.

Also, one MBBS with DPM candidate  was selected in march 2009 at another Govt Medical college in karnataka and the governing council is the same for both Govt Medical colleges  and hence I am planning to file writ appeal under right to equality.
Is there a chance to suceed ?

Dr Hari


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