K.Muthu
25 April 2020 at 12:51
I am an ex-employee of NLC India Ltd. I retired from my services in NLC on 30.04.2016 and I have a daughter at the age of marriage.
My elder daughter died in a road accident in Sydney, Australia in 2014 leaving her 5 year old child motherless. I urgently rushed from Neyveli to Australia on receiving the phone call conveying her death. At that time, I had to spend lakhs of rupees towards obtaining Australia Visa, flight tickets at exorbitant rate, cremation and funeral expenses. To meet out these expenses, I availed special Leave encashment stipulated under clause 19.5.1(b) of the NLC Personnel Manual Rules.
Under Clause 19.5.1(b) of the NLC Personnel Manual Rules, employees who completed 30 years of service as on the date of application will be permitted to encash Earned Leave (EL) upto a maximum of 200 days in any one of the calendar years during remainder of his service.
As I completed 30 years of service in 2014, I encashed my EL accumulations to meet out the expenses incurred due to my daughter’s death. At that time I was in grief and depressed state of mind due to the unforeseen death of my daughter and I relied upon my subordinates to fill up the application form for leave encashment. I did not notice the application form was filled up for 100 days leave encashment instead of 200 days. Because of this inadvertent error, I have lost 100 days of my EL/HPL accumulations which works out to approximately INR2,50,000/-.
Before retirement, I represented to the NLC management for granting permission to encash the remaining 100 days EL under clause 19.5.1(b) but I did not receive any response to my representation.
After retirement, in 2017, I filed a writ petition in Madras High Court praying to direct the respondents (NLC India Ltd) to permit me to encash the 100 days leave and pay the monetary benefit for the 100 days leave. The court directed NLC management to consider and dispose of my representation dated 28.03.2016 on merits and in accordance with law and pass orders within a period of 8 weeks and communicate the decision taken to me (the petitioner). Accordingly, NLC management informed that my request for permission to enhance the leave encashment in 2014 from 100 days to 200 days as a special case is not possible of compliance.
I was a loyal servant of NLC working sincerely and honestly during my 32 years of service in this esteemed organization. During my service, I contributed to the company to the best of my ability. The error in leave encashment happened when I was in grief and depressed state of mind due to the unforeseen death of my daughter.
I am a senior citizen and I have no source of income. If the unclaimed 100 days of EL encashment is allowed to me, it will be much helpful to me and my wife in our old age.
In this situation, I seek your advice if I file a suit against NLC India Ltd for claiming the 100 days leave encashment, can I succeed? Please advise me.
K. Muthu
Satyendra Kumar Bisht
24 April 2020 at 17:54
I was found guilty in an UFM(Unfair Means ) case in college semester exam due to which one of my paper was cancelled or in other languages, I was failed in that paper by the university. I cleared it as a backlog during the next exam.Tchhnically ,I was not debarred of rusticated by the university.I have got a job in Income Tax department and while filling the attestation form I came through a column "Have you ever been debarred from any examination Or rusticated by any University or any other Educational authority/institution?" What should I fill in this"Yes or No" As I was not debarred only my one paper was cancelled and I was allowed to clear it during the next examination.This has not been mentioned on my final marksheet or degree.Will it be considered as " suppression of information" if I mention "No".
Satyendra Kumar Bisht
24 April 2020 at 15:11
I was found guilty in an ufm case in college semester exam due to which one of my paper was cancelled or in other languages, I was failed in that paper by the university. I cleared it as a backlog during the next exam.Tchhnically ,I was not debarred of rusticated by the university.I have got a job in Income Tax department and while filling the attestation form I came through a column "Have you ever been debarred from any examination Or rusticated by any University or any other Educational authority/institution?" What should I fill in this"Yes or No" As I was not debarred only my one paper was cancelled and I was allowed to clear it during the next examination.This has not been mentioned on my final marksheet or degree.
Ravindran Prasad
17 April 2020 at 10:28
Sir, I, Prasad, bring to your kind notice Bank has considered only Point No 1of Avtar Singh's Case and neglected all the remaining points. So, I filed a case against Bank in the High Court . But, till now, Bank did not file the counter. This High court officials told that unless the Bank files counter, the case cannot be settled.
Kavita singh
12 April 2020 at 18:17
Mai govt girls hostal suprintendent hu mjhe hostal me 24 hr rahne kaha jata h jbki choukidar 5 bje aa jate h ky 24 hr rahna manviya adhikar ka Hanna h family ko time ni de pa rahi
Member (Account Deleted)
12 April 2020 at 10:25
Sir,
Mai government hostal adhikshak hu, mujhe ye janna h ki mukhyalay se residance ki government rules me kitni duri honi chahiye , aur ky asa bhi rules h ki kisi government employee se 24 hour's ki continue duty li ja skti hai .Kisi emergency ko chhod kr.
Member (Account Deleted)
11 April 2020 at 17:24
Sir I am government hostal superintendent headquarters kitne km tk ho skta h bataye...Hame 24 hr hostal me rhne kaha jata h ...Aise me family ko kase time dunga plz legal advice me
sona misti
11 April 2020 at 09:21
Writ petition against recognised unaided school maintability does the maintability of a writ petition stands against a recognised unaided school regarding termination from job on the ground that my ex husband filed rti to that school & school answered & court ordered them to supply attendence register xerox.for that they show caused me & want to terminate me as they dont have any papers related to my personsl issue & are dragged in these. now plz enlight me .what the procedure of termination & how can i save it.the clause given in my appointment letter was displinary ground prior 3 months notice.
Anonymous
04 April 2020 at 19:47
I'm working with a publishing house. The company has not paid me the salary from January and now they have requested the employees to tell the amount of deduction the employees can give due to the lockdown. Also the company has said that they are not sure about April's salary as well.
They have even not deposited our PF amount since October.
What should I do
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Id act 1947 doubt!!
Hon'ble All Learned Advocates
I have a short query from labour experts as-
As per Industrial Act 1947, Section 5
5*(s) "workman" means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled,
technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and
for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been
dismissed, discharged or retrenched in connection with, or as a consequence of,
9 that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person-- (i) who
is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957) or (ii) who
is employed in the police service or as an officer or other employee of a prison or (iii) who is employed mainly in a managerial or
administrative capacity or (iv) who, being employed in a supervisory capacity, draws wages exceeding one thousand six hundred
rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him,
functions mainly of a managerial nature.
In above referenced ...managerial and administrative capacity employee has been excluded. Now my question is-
what law/act/article will govern the dispute of illegal activities like forgery / illegal termination / exploitation / harassment happened with managerial and administrative capacity employee ?
Regards.
Ankur