BRAJENDRA SINGH
28 May 2008 at 11:18
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
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
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
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
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
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.
Avinash Abhyankar
18 May 2008 at 09:28
Dear Member
At present my company is situated in Kolhapur, Maharashtra and we are coming under the provisions of MSMED ACT 2006. I want to get register the company.
Now my query is:
1. How to make registration Medium Scale Enterprises under MSMED Act- 2006 ?
2. With whom it should make?
3.we already have a status of SSI, then is the provisions of MSMED Act 2006 is still applicable?
4. If I could not register what will be the pros and cons
I request you to share your vies with me.
Thanx in advance
Abhimanyu Soni
17 May 2008 at 22:08
Hi All,
What is the minimum wages under Shop and establishment act.
regrds
Abhimanyu Soni
BRAJENDRA SINGH
17 May 2008 at 21:42
I along with other suffering employees is employed with a U.P. State owned undertaking M/s. Uptron India Limited.
Company with cent percent share holding with the state of Uttar Pradesh, is not disbursing salaries since June 1998. Further management says that salaries would be given subject to availability of funds to this account from the State Government.
We had filed case against the State Government for the want of salary , which was ruled in our favour by the State High Court.
But in furtherance of SLP filed by the State Govt. before Hon'ble Supreme Court maintained that State Govt. is not liable towards the pending salary for Public Sector undertakings as its employees are not govt. servants.
we are in a position when State is not liable for pending salary even then management is giving the plea that saalary would be given subject to availability of funds from the state.
Kindly guide us what we should do?
BRAJENDRA SINGH
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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 ?