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pallavi agarwal   10 August 2021 at 17:05

Promotion on upgraded apar

Employed in a central govt department , promotion for was denied and considered unfit for promotion on ground of last reckonable APAR i.e. of 2013-14.This year APAR initially had been marked as good against which gave a representation. This APAR had been upgraded from good to very good by the competent authority after taking comments of reporting and reviewing officer, by passing a 4 page order. All other APARs are outstanding or very good. Since then received 2 promotions on the basis of same upgraded APAR. However the last DPC has considered APAR unfit saying it decided to consider the remarks made by reporting and reviewing officer in the APAR for over all assessment and assessed the officer as UNFIT. Since then have put various representations , however have not received any reply for the same.
Kindly advice

Read more at: https://www.lawyersclubindia.com/experts/experts_profile.asp?member_id=142775

Anonymous   02 August 2021 at 20:16

Legality of confidentiality clauses in employee contract.

Hello I have recently learnt that the a lot of private companies use specific confidentiality clauses restricting it's employees to openly discuss about salary within one another. My query is whether this is allowed or is it voidable or void ab initio as this completely defeats the purpose of wage and pay equality for the same role and hours. Any suggestions or advice will be helpful, thanks.

Anonymous   01 August 2021 at 08:05

Inequality in salary disbursement by employer


Dear Sir

while disbursing the salary , if employer make inequality like disbursed salary to 70% of employees and deprived 30% of employees .

what legal backing is there for deprived employees in such case as per service law ?

Regards

Virendra

Anonymous   31 July 2021 at 11:03

Partial disbursement of salary

Working in a Pvt Hospital
Hospital is in loss and become NPA

During the July 21 month , May 21 salary was disbursed upto 70K and also disbursed above 70K salary to some favourite employees of CEO/ MD ( both employees) for rest of the employee told that there is no salary up to next 6 months . I also have not received salary .

Now same thing is going to happen for June 21 salary.

Request to all learned Law professional to guide me how to follow up may 21 and afterwards salary.

Regards

Virendra

Anonymous   27 July 2021 at 21:01

Jurisdiction

Joined a Pvt Ltd company in 2019. Corporate office is in Mumbai.

As per appointment Letter
Location of my Work is Delhi.
Court Jurisdiction is Mumbai.
First 6 months shall be probationary period which can be extended. You will continue to be in probation unless confirmed in writing.

Although, approx 18 months passed no confirmation letter given by the company till date.

Company paying only a part of salary since April 2020. They are also nor issuing salary slips since April 2020

Requested several times to clear my financial dues but no response.

On Resignation , they do not pay any dues and force the employee to give undertaking that there are no dues pending and that the employee will not go for any litigation against them else they will not give reliving letter.

I Want to quit this job but do not want to leave my money also. What legal remedies do i have to ? Pls reply

Anonymous   27 July 2021 at 13:52

Company not willing to relieve me before notice period

So, I am currently working in a company since past 7-8 months. I got another offer from a company which inclines a lot more with my long term career aspirations and resigned from my current company. However, as per the company policy, the HR told me that I have to serve a 60 days notice period. I have already served 15 days of my notice period. My future employer gave me in writing that they will rescind the offer if I don't join in 30 days from today and confirm it now. Do I have a legal stand based on these facts on my employee agreement that can help me get relieved sooner?

1. The notice periods are unequal for employee and employer in the agreement- ' This agreement may be terminated by the company giving a 30 days written notice to the employee or by the employee upon 60 days written notice'. I understand that contracts cannot be one sided like this. Do I have any legal stand to get relieved sooner based on this? Also, please note that their is no clause for paying salary in lieu of the notice. That's why the HR is not agreeing for a sooner release.

2. I never got a probation confirmation in writing after 6 months of service. 'Unless an order in writing confirming the employee is given, the service will not be deemed to have been made permanent.'. 'Employee's services shall be liable to termination without notice at any time during or on completion of the probation period'. Does this mean that I am still in probation and don't have to serve any notice period?

Please help me if any of these clauses can help me get relieved earlier. I thoroughly negotiated with both sides and got to no conclusion. Legal recourse seems to be my best option now.

INDRA DAS   27 July 2021 at 13:08

रिजाइन(date 26/02/2018) वापस लेने हेतु

महोदय वकील साहब

विषय- रिजाइन वापस लेना है यूबीआई बैंक से

गलती से रिजाइन कार्पोरेशन बैंक(अब UBI मे विलय हो गया है)
दिनांक- 26 फ़रवरी 2018 को चला गया,
मुझे बोला गया था 30 दिन का नोटिस पीरियड है पर releiving 12.03.2018 को दे दिये,
इसलिए फस गया बैंक सर्विस मे समस्या आगई
दो बार रिजाइन वापसी का पत्र दिया बैंक को लेकिन बैंक,
ने बताया की मेरा नाम बैंक पायरोल से हट गाया है,
इसलिए favourly बैंक सर्विस नहीं दे पाएंगे

अब आप बटाये की बैंक सर्विस वापस मिल सकती है
यदि मिल सकती है तो अब कैसी कोर्ट मे याचिका लगाने से?
या सीधा ubi के किसी बड़े अधिकारी से याचिका लगाने से


नाम इन्द्र कुमार दास
बैंक जेओआईएन करने की दिनांक- 13 जून 2015
पता- house number 475
ward number 04
city singrauli mp
india
486889

Sandip   26 July 2021 at 19:07

Re: issue with joining date as assitance teacher

Respected Law Experts,

I have applied for job of assistant teacher before 4 years in one of the school (government granted), and DEO rejected my application and gave reason that the university where I have studied is not UGC recognized. Then I have filed SCA in high court and won the case. Then they filed LPA and again they lost and finally they allowed me to join the post.
Now the query is they have considered my joining from current month while it should be from the date i.e. before 4 years when they rejected my application with false ground.
Should I file another appeal in high court to consider my job starting from back date?
What ground should I consider i.e. that was not our fault and due to mistake of DEO we have to suffer for these many years without job?
Which section or under which IPC we can file such case and is there any reference case available which we can study and present as reference?

Thanks.

chinu   20 July 2021 at 17:50

Break in service.

I was a permanent employee in an educational institution since 2006 and retired on 30th June 2021. I'd resigned in 2010 due to my husband's transfer and joined back within the notice period of 3 months. Again in 2016 I'd resigned and joined back within the notice period due to the same reason. Will it be considered break in service? Will my gratuity amount be affected by this?
An early response is appreciated.
Thanks in anticipation....

raghavendra   18 July 2021 at 19:21

Judgement

Sir/madam

I few judgements, please provide me

Dismeesed from service for false declaration /suppression of higher education


As per advertisment graduates eligible for the post, no conditions that higher qualified should not apply

Subsequent to the advertisement rules changes witheffect higher qualified is not eligoble.
I need the judgement for as per advertisment recrutment should done and when advertisment specific about prescribed qualification. Higher qualification is not material.

No undertaking or declartion forcefully and agaithe term's of advertisment should not taken by employer