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KamalNayanSaxena   30 September 2008 at 22:35

Probationer completed eighteen months-terminated

A Medical Rep. on probation for the period of two years. After completion of eighteen months, terminated on ground 'services are not found up to the mark of satisfaction'

Kindly provide the latest case law regarding the status of probationer under ID Act.

Is there any chance for his reinstatment?

jayanttelang   30 September 2008 at 18:13

standing Orders and subsistence allwance

Dear Mr Harbhajansingh ji,once again i have a query regarding my matter.
In the recent past i received a letter from my company's HRD,In short their reference is as below-
1 There is no formal standing orders and you are governed by the rules/regulation & norms of the company which is in accordance with principle of natural justice.
2 It is a Domestic Inquiry- Domestic Tribunal hence the delinquent employee has to attend the Domestic Inquiry where the Domestic Tribunal has been constituted i.e,head office Ahmedabad.
3 There is no mandate to provide defence representative at the cost of employer.

Mr Harbhajansingh ji,i think they have not any certified standing orders,still they are giving me only 50% of my salary,while 7 months have been passed.
in this regard,kindly tell me what to do,& where would i file a complaint.
They are also making a barrier in the way of my Defence represintative (he is my co-employee,in my company,at other H.Q.)

After completion of six months,i sent a request letter to my HRD,regarding 75% of my salary,but he plainly denied to do so,
kindly guide me what to do now?i m waiting for your reply,eagerly!

RAJAN   28 September 2008 at 14:24

concilitation proceedings

An officer in a company made a fraud in company after his enquiry he has dismiss from the services.
He raise dispute under 2-A in Labour Office,for reinstatement and cont.with back wages.we have filed an application to discharge his application because ,he was working in the capacity of officer,(nature of job and his authority while working )and no right to raise dispute and also drawing more than Rs.10,000/- salary pm.
Can Labour office discharge his application.
Also would like to have some case law on the same issue, similar to this.

RAJAN   28 September 2008 at 14:14

Is Teacher workman under the Gratuity Act

with the recent changes in payment of Gratuity Act,whether Teacher is workman under the payment of Gratuity Act.

Adv.Shine Thomas   26 September 2008 at 10:32

Employees PF & Micellaneous Provisions Act 1952

Which(where) is the Appellate Tribunal against the order of Joint Provident Fund Commissioner Kozhikode? Form of appeal to be presented before the Appellate Court.

J.Satyamurthy   24 September 2008 at 22:23

exparte award

Plz can any body sent me the copy of the judgement reported vide WP no: 8231/2000 AP High Court

J.Sambasiva Rao Vs MD APTRANSCO,Hyd & Two Others

Balaram   23 September 2008 at 17:02

Limit on Gratuity

I heard that the life-time limit / ceiling for Gratuity has
been raised from Rs.3,50,000 to Rs.10,00,000.
is it right ?

Balaram   23 September 2008 at 16:40

Why should we pay bonus,gratuity, leaves, notice pay to daily wage workers.

Dear Mr. Harbhajan.
I have come across one issue. We have a branch in Neiveli ( chennai)where we are working for BHEL company. We have hired 25 workers on daily wage and 2 on monthly. Those who are on daily wages are under Neiveli labour License purview.
Now some workers are doing some agitations. But our representative who is on monthly rolls insisting on unofficial negotiations for Full and Final Settlements as we wanted to remove 4 daily wage workers.
Here important issue that even though they are under daily wage, we are paying monthly once in to their bank accounts (no. of days worked * daily wage)..hence it is not a salary but a wage.

Now, it seems local trade union met chennai asst labour commissioner and unauthorizedly made the following issues to follow if we need to remove. Here I have a doubt..whether are they really come under law ? or simply that Labour Commissioner supporting these union ?
Can we oppose this ?

Those points are :
1. we should pay 20 days' leave wages for every 240 days completed.

2. We should pay 15 days pay for every 240 days completed. ( might be gratuity).

3. We should pay Conveyance allowance of Rs. 200 every month for the service they have completed.

4. We should give either one month notice or pay 26 days notice pay amount now itself.

Here we can assume that they have joined on 1.12.06 and working till now.

I have a doubt, if these are daily labour why should we pay bonus, gratuity, leaves salary, conveyance ( no law), and notice pay..?
How to go for argument with that Chennai Labour Commissioner in this regard and how can we support this ?

Prabhu Dev   22 September 2008 at 14:59

Needed forms under shops & establishments

Dear Sir,

I need forms and applications for registering a firm under Punjab shops & establishments, & Gujarat shops & establishments
Also looking for application for getting 365 days opening permission license, and appointment of contract labour license.

Kindly send it to promentorconsulting@gmail.com

Regards,

Umesh

D.M.Puri   21 September 2008 at 19:14

Legal advice and action

I wish to know the names & contact numbers of lawyers based in kolkata or elsewhere in India who are experts on Labour and Industrial Law and service matters.