Labour & Service Law queries [1021]

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Kadali RK Rao 04 July 2009 at 13:01

Trade union (Amendment) Act, 2001 - solicitation of clarific

Section 4 of TU Act.- Mode of registration - (1) Any seven or more members of a Trade Union may be subscribing their names to the rules of the Trade Union and by otherwise complying with the provisions of this Act with respect to registration, apply for registration of the Trade Union under this Act.

(2) [The principal section re-numbered as sub-section (1) and sub-section (2) inserted by Act 48 of 1960] Where an application has been made under sub-section (1) of the registration of a Trade Union, such application shall not be deemed to have become invalid merely by reason of the fact that, at any time after the date of the application, but before the registration of the Trade Union some of the applications, but not exceeding half of the total number of the persons who made the application, have ceased to be members of the Trade Union or have notice in writing to the Registrar dissociating themselves from the application].

Clarification required w.r.t. TU(Amendment)Act,2001 –

Amendment of section 4. 2. Amendment of section 4.-In section 4 of the Trade Unions Act, 1926 (16 of 1926) (hereinafter referred to as the principal Act), in sub-section (1), the following provisos shall be inserted at the end, namely:- ''Provided that no Trade Union of workmen shall be registered unless at least ten per cent or one hundred of the workmen, whichever is less, engaged or employed in the establishment or industry with which it is connected are the members of such Trade Union on the date of making of application for registration: Provided further that no Trade Union of workmen shall be registered unless it has on the date of making application not less than seven persons as its members, who are workmen engaged or employed in the establishment or industry with which it is connecte .''.

Amendment of section 9. 5. Amendment of section 9.-After section 9 of the principal Act, the following section shall be inserted, namely:- "9A. Minimum requirement about membership of a Trade Union.-A registered Trade Union of workmen shall at all times continue to have not less than ten per cent. or one hundred of the workmen, whichever is less, subject to a minimum of seven, engaged or em loyed in an establishment or industry with which it is connected, as its members.''.

Amendment of section 10. 6. Amendment of section 10.-In section 10 of the principal Act, after clause (b), the following clause shall be inserted, namely:- "(c) if the Registrar is satisfied that a registered Trade Union of workmen ceases to have the requisite number of members.''.

In view of the above amended provisions, what would be the minimum workmen required to sustain a Trade Union in any establishment?

I earnestly request all members to urgently clarify.

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Sanjeev 03 July 2009 at 22:30

ESI Provisions

If the workers engaged by a contractor are less then the prescribed limit under ESI act and the principal employer is covered under ESI, is ESI applicable on the Contractor, if yes how and under which section or clause of the act?

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Sandilya 03 July 2009 at 09:34

Professional Tax for Ex-servicemen in Andhra Pradesh

Sir,

Is there any clause or GO available for exempting ex-servicemen from professional tax in state of andhra pradesh ? If so, please help me by giving details of it.

Regards

Sandilya

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s.n.r 02 July 2009 at 17:47

pension scheme

Sir..
I was under andhra pradesh pension scheme with GPF fecilities from 2002 onwards and joined Central govt. in 2006. by that time central govt introduced new contributory pension scheme.Is there any way for me to get the benifits of past service and old pension scheme as they were available to state servants entered into central service before 2004.Kindly help me out..thank you

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Apurva Kumar 02 July 2009 at 08:11

service law

Dear Sir/Mam
My query is that a person got selected for the post of sub inspector and got call for medical examination but in the mean time while he was traveling he met with an accident and his leg has to be get plastered at the time of laster somehow a vein got infected and ultmately his leg has to be ampited!!!! yes now my question is that-
(i) wether any right accrued to him as he got very good marks and selected?
(ii)No field work any desk job
(iii)compensation on govt hospital
(iv)under rti got no +ve reply 4rm DGP ofic why not considered
(v)Any type of Writ maintaible or nor ny type of mercy plea or application giving direction to home dept!

Apurva kr!

An early reply is awaited..........

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Sandilya 01 July 2009 at 11:33

Professional Tax in A.P

Sir,

Can any one please advice me on applicability of professional tax in andhra pradesh for employees who are under non-muster rolls of the company like casual labour, consultants, outsourced employees etc. The same was asked to me in one of the interviews.

Thanks

Sandilya

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Laxminarasimhulu.Garlapati 28 June 2009 at 13:17

Gratuity & pension on superannuation

Sir attachment ( previous communication of DPE issued in the year 1995) is copied below for ready reference.

" The Department of Public Sector Enterprises in its Circular No.2 (50)/86-DPE(WC) dated 19.07.1995 has stated:

“Public Sector Enterprises are considered as ‘State’ under the provisions of article 12 of the constitution of India. Both the Supreme Court and the various High Courts have given directions in the recent past either for restoration of parity in the scales of pay in one PSE with that of another PSE or removal of anomalies. In order to avoid further litigation, it has, therefore, been proposed that the scales of pay of the incumbents of the top posts, executives holding posts below the board level and non-unionized supervisors would be similar in all PSEs irrespective of profit or loss made by them”.

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Murugesh 27 June 2009 at 19:14

Workman Compensation act

Dear sir,

We are doing a turnkey project and we have only above supervisor catogery staffs in our company. In this situation which insurance is better to our employer as well as employee. Is workman compensation act or Personal accident?

Is workman compensation is mandatory?

Please explain.

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