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A. A. JOSE   16 years ago

TERMINATION OF APPOINTMENT OBTAINED BY FRAUD.

Dear Experts/Sirs/Madam,

Kindly give your valuable opinion on this matter.

Pursuant to the orders passed by the SUPREME Court in a proceeding, the employer was required to regularise contract labourers working in the establishment on or before 20 January 1997. However, some of the persons who were actually not workers of the contractor on the said date managed to create false records in collusion with the Personal Manager of the establishment and accordingly obtained appointments on regular basis. Thereafter, matter was found out and after departmental proceedings, the Personal Manager was dismissed. Further, after issuing show cause notices and on consideration of their replies thereof and after giving personal hearins also, all concerned persons who were wrongly appointed , were terminated by the establishment but without regular departmental inquiries against them. Whether such termination or regular employee, though obtained employment on such fradulent means, without regular displinary enquiry,is legally tenable or not. Your opinion alongwith any supporting citations would be highly obliged please.

VIKAS GARG   16 years ago

lobour laws

hello friends i m working on project "Approach of apex court on labour laws: recent trends". As this is my first formal research work and i don't have any experience in research ..plz help me and suggest me what should i do and from where and how should i start...plz provide me relevant case laws or articles etc..and suggest me proper synposis also....
my email id: vikasgarg_advocate@yahoo.co.in

thanks

Ramesh   16 years ago

Contract Labour (Regulation & Abolition) Act 1970

Whether contract labour after completing 240 days in Principal Employers establishment automatically become the employee of the Principal Employer.

Any case law on this.

Which contracts are perennial contracts.

Apart from the usual benefits given to the contract labour under the Act, which other benefits can be given without attracting the backlash under the Act.

Regards,
Ramesh Mande

adv fauzia azim   16 years ago

memorandum of settlement

HELLO FRIENDS,
I AM IN NEED OF MEMORANDUM OF SETTLEMENT.BETWEEN AN EMPLOYER AND EMPLOYEE(MUMBAI).IT IS FOR VOLUNTARY RETIREMENT OF THE EMPLOYEE WHO IS SEMI-SKILLED AND ESTABLISHMENT HAS ONLY 3 EMPLOYEES AND FALLS UNDER MINIMUM WAGES ACT.PLEASE GIVE ME TIPS FOR CLAUSES TO BE INCLUDED IN THE SETTLEMENT SO THAT THE EMPLOYER IS NOT HARASSED BY THE EMPLOYEE IN FUTURE,THANKS FOR ALL THE SUPPORT FOR THE PAST QUERIES AND THANKING IN ADVANCE FOR THIS QUERY.

Olivia   16 years ago

contract issues

This is with regards to a contract employment-- we 2 employees employed on a contract by an indian contractor but working for an MNC from the past 25 & 12 years respectively.. Off late we are having a lot of issues with our contract..It has not been renewed from the past six months but we have been receiving salary.. Now they tried taking one employee out but was not able to do as is surfaced the contract documentation was inappropriate.. Now they have been asked by the MNC to close this contract and put us in the indian pay role.. The contractor wants us to sign a document of acceptance on the same.. They will pay us us PF accumulated and gratuity.. they want us to wipe the years of service we have put in.. and start fresh in the new company , but we are reluctant as we know we wont be in that employment for more than 6 months as then they have a right to check us out.. Secondly can we claim retrenchment compensation due to closure of the old contract or any way to account for the years we have put it...

Request an urgent response as this will have to be closed by next month

Navaneetha krishnan   16 years ago

Voluntary Retirement Scheme

Dear Gurus,

Please let me know about the history and practical applicability and statutory/legal bindings related to VRS

anshul sangal   16 years ago

HR OR Labour law

in which field i should start my career.whether HR or Labour Law? I am now in LLB final year. Ihave done MBA in HR .

Arihant AC   16 years ago

Bonus Calculation

Dear Experts,
Can anybody have the formula for calculating the Bonus by SET ON & SET OFF Formula. If the excel sheet is available then ple send me

Regards,
NAC

Rakesh Kumar   16 years ago

Labour Laws

Dear All,

Is there any case pending or decided by Supreme Court on the question whether software firm falls under purview of factory.

Please give me citation or judgement.

Regards

srinivasanchitra1   16 years ago

Lay-off under Shops and establishment Act

An employer (a service organisation) who is covered under shops and establishment Act, if wants to lay-off his employees, what are the provisions of law applicable to him?