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BALAJI R   29 May 2008 at 22:34

Querry on ESI

What is meant by Notional Wages under ESI Act?


Regards,



balaji

manoj   29 May 2008 at 10:24

Conditions during probation period????

Hi! we know that now in most of the government jobs there is a probabtion period of 2 years and after successful completion of the probation period you are enrolled as a permanent employee.
my query is that suppose there is some new government department who appoints its total staff (as there is no permanent employee at present)and therefore its whole staff is on probation period. Now, if due to some or other reason the department gets closed before 2 years then what will happen to the persons appointed and who have yet not completed their probation period.
Will they will be suspended ??????
Can they claim permanancy ???????
What will be their future ???????

Details of the Appointing Authority is as follows:-
Post : Asst. Professor
Department of Architecture & Town Planning,
Faculty of Engineering & Architecture,
Jai Narain Vyas University, Jodhpur (Rajasthan)

Kindly send your legal advise........

Thanks & Regards........
Manoj

Ladhu Ram Chowdhary   28 May 2008 at 19:17

Interest in w.c.act

Interest payable in default of payment of compensation amount within one month from thedate itfalls due-whether the commissioner was justified inawarding interest at the of 12 per cent on the amount of compensation awarded by him from the date of accident .what cases law about s.c.&othere H.C.

TS Bhatia   28 May 2008 at 15:36

Gratuity act

Sir,
I shall like to know if a contractor worker completes 5 years of continous service,who is liable to pay gratuity to the worker ?
Is it the responsibility of contractor or principal employer ?

BRAJENDRA SINGH   28 May 2008 at 11:18

Supreme Court Decision w.r.t. reemployment or deployment of retrenched employees.

Recently Hon'ble Supreme Court through bench comprising of Justice C K Thakkar and Justice D K Jain has given a verdict w.r.t. redloyment of retrenshed state owned corporation i.e. U P Mineral Corporation in which Apex Court has turned down decision of High Court of U.P. in which the Hon'ble High Court has provided compensation of the retrenched employees along with order of re-employment.

Kindly provide me a copy of the same judgement.

BRAJENDRA SINGH

Manish Kumar   27 May 2008 at 00:56

What should We Do now ?

I joined my company in Feb 2008. They had provided me offer letter only after submission of original documents. In the offer letter it was mentioned that I will be in 30 days observation period and then an formal appointment letter will be issued. Our company is a private limited company. But yet no appointment letter has been issued. Our company does not provide us any pay slip. Simply they hands over an account payee cheque. They are even not maintaining EPF. As per our bond agreement. If we will leave job before 6 months, We will have to pay for our 1 month salary. They are not providing us any Casual leave or Emergency leave. But when someone leaves company, they are not returning our original documents and keep us harassing for their original certificates.
They are not giving us any leave except 7 leaves in a month. If in any case we are absent for a day. They cuts Rs. 1000 per day from our salary. That too is no where mentioned and simply deducted from our salary cheque. We can not even produce valid reasons for our absence.
Even the company had issued us a Identity card where it is clearly mentioned "This is not a proof of employment". We have even no proof that can prove we are employee of the company except attendance register at gate. As per rules of company we will not receive any experience letter if we will leave before 6 months.

I am really upset after joining such company. And filling like slave for 6 months. Can any one please suggest what should I do to receive my certificates from the company so that I could leave it. And can a company in India is allowed to take certificates and do not return them even after full filing leave procedures.

BRAJENDRA SINGH   21 May 2008 at 11:19

Supreme Court Decision.

Hon'ble Apex Court of India had given its verdict over the matter whose details are as hereunder:-
Civil Appeal No:5230 and 5231 of 2004
Decided on 17.01.2007
Appellant:Ghaziabad Zila Sahkari Bank Limited
versus
Addl. Labour Commissioner and Others.

It would be a great favour in case copy of the judgement is provided to me.
Thanking you in anticipation.
BRAJENDRA SINGH

indrani   21 May 2008 at 10:10

Tamil Nadu and Gujarat Shops & Establishment Act

Hi,
This is Indrani. I am working as the Admin in the Legal Dept,Texas Instruments, Bangalore. I, very urgently need the Leave section of the Tamil Nadu and Gujarat Shops and Establishment Act. I am not able to get this in any website and I do not have a law book stall near my office. Can you please help me out? My email id is indrani.d2000@ti.com.Hoping for a response.
Regards,
Indrani Dhar

Vicky   20 May 2008 at 12:09

urgent help needed

Dear Sir/ Madam,

4 of us joined e commerce company in Bangalore on September 2006 through a consultancy, we have signed for a 11 months fixed agreement. According to the 11 months fixed agreement, the agreement has been expired on the October 2007.

Now we have resigned from the job with effect from 14th of May 2008 and we are serving 1 month notice period. So our last service day will be june 14th. Now we are very much concerned about our salary, PF and relieving letter as the company is telling that the salary will be credited on the june 30th.

Now the consultancy says that it is not their policy, but the process they follow during the resignation for all the companies.

Since we don't have any fresh appoitment letter made yet, in case of any discrepancy, how do we have to proceed legally?

We kindly request you to revert to us at the earliest regarding these issues.

Thanking you for your support.


dharminder singh   19 May 2008 at 17:51

contract employee involved in theft(ID ACT)

ONE OF CONTRACT EMPLOYEE IS ENGAGED FOR LAST 6 YEARS.

HE HAS BEEN CAUGHT RED HANDED FOR THEFT,A FIR IS FILED,THEN HE NOT CAME BACK,NEITHER COMPANY NOR CONTRACTOR ISSUED HIM A TERMINATION LETTER.

THE CONTRACT EMPLOYEE THEN FILED A DEMAND NOTICE AGAINST PRINCIPAL EMPLOYEER,NOW THE CASE UNDER JURDICTION UNDER LABOUR COURT. UNDER THE ID ACT 1947 UNDER SECTION 10(1)


1.KINDLY SUGGUST WHAT ARE THE CONSEQUENCES COMAPNY HAVE TO FACE.

2.IF WE GO FOR A SETTLEMENT WITH THE WORKER,WOULD THE COURT WILL ACCEPT THE SETTLEMENT.

3.HOW CAN WE DEFEND OURSELF.