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prashant_rai2007 (n/a)     30 July 2008

Request for a karnataka HC judgement

Dear Friends,

Can anybody provide me a soft copy of the following judgement if they have....

PA Babu Jayaprakash Vs. Managing Director, Karnataka Soap & Detergents Ltd., Banglore, 2003. (Karn. HC)

Regards,

Rai



Learning

 8 Replies

Prakash Yedhula (Lawyer)     31 July 2008

Find it attached.


Attached File : 45 karnataka soap.doc downloaded: 264 times

prashant_rai2007 (n/a)     31 July 2008

thank you.


I had taken this case into reference to understand whether the company has the rights to remove the clause in the appointment letter stating "After confirmation your service can be terminated at any time by three months notice or payment in lieu thereof" can this be rephrased without the "payment in lieu" that is an employee has to serve the notice period under any condition....can you suggest....

Guest (n/a)     01 August 2008

respected sir,


i am an anglo indian as per the constitution -it says your forefathers should be of european descent, your mother tounge should be english and your fore father should have settled down in india permanently


 


my mother tounge is english


my great grand father was of iresh origin


and had settled in india


he was married to a hindu lady, due to the stigma her children adopted the family name of rajaram, my grandfather adopted the family name of rajaram, my father adopted the family name of rajaram and finally the same name came down to me - there are no documents to prove records of my great grand father except that my aged father told us this story


 


but not only my father married into the western custome also me and all my family members and we continue to live as anglo indians as thats how we were brought up with english names , dressing, culture, social circle etc.,etc.,


i had changed my family name after due advertising and submiting my passport and corrected my name prior to my marriage in 1982-3 from rajaram to reynolds and married to an anglo indian girl named margaret ursula zaccheus


i was in the gulf till 1996 and on my return joined an the all india anglo indian association by providing my passport as proof of my name-


 


i was an active member and was also elected committee member and treasure of the branch and brought around much change in the brance - my children also enjoyed a scholar ship of 300 to 400 rupees per annum as an advantage to boost education which is part of the community view ( encourage education and culture)


 


three years back a land document showing my name as carlton joseph reynolds s/o rajaram had fallen into the hands of one of the members and from then on they say i am not an anglo indian and i do not fall benificial to the scholarship monies for my children - basis that they are also not angloindians


 


can you please guide me as i feel unjust is being done to me .


 


tks n warm regards


carlton reynolds


9845575005

H. S. Thukral (Lawyer)     01 August 2008

Dear Prashant


The contract of employment is a contract like any other contract. It can not be changed arbitrarily.. Repharasing the clause would mean that the employee has to work without any earnings  during the period of notice. Notwithstanding anything else it would be violation of fundamental right to life of the employee  

prashant_rai2007 (n/a)     01 August 2008

Dear Harbhajan,


What we really want is that we pay to the employee for three months and make them stay and work after they have tendered their resignation. But we find that due to this clause lot of people pay out and then leave the organisation. We want them to stay for three months and complete their notice period.


let me know how


Regards,


Prashant

H. S. Thukral (Lawyer)     01 August 2008

If the employees are in supervisory /managerial or in administrative capacity then you can issue them a letter amending the clause and get their confirmation in acceptance of the same by getting their signatures.   

Arihant AC (Legal Advisor)     05 August 2008

Dear Friends,


Can any body can tell me that whether EPF & ESIC  Act is applicable on out side labour work done?


Regards,


Nehal

ajay ahluwalia (As above)     01 September 2008

Can any one post Kerala high court judgement in O.P.No1149 of 1991.This is to  get complete background of Judgement of O.P. No 9528/2000 in which Hon'ble high court had decided that Right of Interest is not waived if not claimed or not paid by the employer. Alternatively can any one suggest other High court or Supreme court Judgement similar to one above.Regards


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