b kumar chsndrs
28 February 2016 at 11:39
sir told tha t Since you have completed HS
sir ' unfortunately miss to mention my H.S.Qualificstion in the application from . as per adv. minimum eligibity MP+ITI. HOW I RECOVER THE PROBLEM. pleaze give me suggestion to escape it
It is happens lack of my small knowledge but I have submitted my parent depar meant H.S. qualification through attestetation (P vR) before joing job , they P.V.R the H.S. certificate smd closed my record
but first page of my sr showm M.P.+iti
. I had been farther selected Eastern railway at same post . I had took technical resignation and joined Erly2015 . but at the time of (E.RLY) attestation I informed about my H.S .they ignored . farther they sent pvr without H.s
the service book came from my patent department ; the advertisement was no restriction for higher qualification
help me to solve the problem iam very fear and anixty.
sachin agarwal
31 January 2016 at 14:12
This is the settled law that overtime allowances are excluded from basic wages in terms of the provident fund contribution under the act, 1952. Section 2(b) of the provident fund at has expressly excluded overtime allowances from the definition of basic wages under the provision of the act, 1952. There is genuine distinction between normal and additional working hours and such a distinction should not be made a device to deprive workers of the provident fund. Therefore, remuneration paid for additional working hours and payment of overtime allowance is not included in basic wages. That overtime has not been defined and therefore for the meaning of overtime or the definition one has to look into the dictionary meaning or the Precedents if any. According to Chambers, overtime would mean time employed in working beyond the regular hours and work done in such time of pay for such work and according to Webster law dictionary, means time in excess of the that limit or working time in excess of standard day or week. It is very much clear from the definition of various dictionaries and various opinions that overtime is something which is done not on time but thereafter.
Cases was rightly held that plucking of extra leaves within working hours was not overtime but overwork under time.
That it is also settled position that good work Reward is not overtime but overwork under time.
That the act, 1952 is for the purpose of socio economic object and the contributory provident fund scheme framed thereunder is provided for the benefits of the employees working in the factories, industries and establishments therefore the employees working there may have the economic security for his maintenance during his old-age after the retirement. Thus, the words and phrases used by the establishment for in the matter of payment of allowances, wages, etc are to be interpreted and understood so as to advance the benefits of these provisions of the bennevolent piece of legislation to the beneficiaries thereof.
sachin agarwal
31 January 2016 at 13:55
The 7A authority under section 7A of the act, 1952 is authorise to work for the benefits of the eligible employees for the benefits of provident fund contribution therefore the 7A authority can examine the illegalities of the provident fund contribution under the PF code allotted to the employer by the PF authority. Being a 7A authority, the authorities works as a question judicial authority therefore it is the obligation on the part of the authority to follow the rule of natural Justice at the time of hearing of both the parties where one of the party is the enforcement officer representative on behalf of the Department and second party the employer and any other appropriate person who is entitled to join the enquiry before the enquiry officer. The 7A authority after duly performed the obligation under section 7A of the act, 1952 can examine the applicability and determination of the PF dues for the benefits of eligible employees. It is the necessary ingredient of the enquiry to follow the rule of natural Justice and the used the power in accordance with the provision of settled law in the light of the various decisions of the appropriate appellate authority and Hon'ble Supreme Court and Hon'ble High Courts. That the any person aggrieved from the impugned order passed by the 7A authority can move the appropriate application for the re-examination of the enquiry finalised by the 7A authority. Although there are so many limitations to move the review application under section 7B of the act, 1952 but the basic rules that the rule of natural Justice should be followed and the enquiry should be concluded in due compliance of the facts and circumstances as well as law in the right perspective for the due benefits of eligible employees. Although there is not a specified form to file an application for review under section 7B of the act, 1952 but certain grievances should be reflected under the settled law in the review application filed by the aggrieved person where the re-examination of the 7A enquiry can be reopen. The application under section 7B should be moved within a specified time as prescribed under the law and if the application is within a specified time then the reviewing authority should be issued the notice to the applicant and if the 7B authority dismissing the application without hearing the voice of the applicant is clearly violation of the principle of natural Justice.
The above discussion is the personal opinion of the author and therefore the discussion cannot be used for any illegal purpose.
sachin agarwal
31 January 2016 at 12:31
This is the settled law that in case the dues under the provident fund contribution for the certain employees is due from the part of the employer will be determined only with respect to those employees who are identifiable and whose entitlement can be proved on the evidence, and in the event the record is not available, it would not be obligated to explain its loss, or any adverse inference be drawn on this score.
Where the employer is engaged in the construction industry and in the said industry the employer has employed certain long-term employees for whom the provisions of the provident fund act, 1952 and a scheme thereunder are being followed regularly, yet there are certain casual workers who come to work at the construction sites of the employer for a address, then these work men not been identifiable and it is practically very difficult, in fact almost impossible, to comply with the requirements of the provident fund scheme in respect of such migrant labourers. Therefore, the order of the authority for provident fund contribution without a finding about identifiablity of the employees cannot be sustained.
That the conclusion is that if the identification of the employees for whom benefits of the product contribution is entitled to be made and it is not possible practically and almost impossible to collect the details of the proper identification of such unidentified employees, the order of the provident fund authority is unjustified and therefore cannot be sustained in the eyes of law because the provident fund contribution is not a tax but this is the fund for the benefits of eligible employees and if there is no proof of address of those eligible employees the benefits of the provident fund contribution cannot be handed over to the those eligible employees in accordance with the provision of law.
shruti gupta
31 January 2016 at 11:50
Good day experts
I m employed in an aided school affiliated to u.p. board in firozabad since 7 years. I was selected through selection commission. I m basicaly from kanpur.since my only brother died in an accident, I m the lone child of my parents. Becoz of the demise of my brother my mom hav been suffering from high B P and kidney shrinkage. She needs full-time complete care and my father is also old. I have a 2years old child .my husband is employed in merchant navy and remain on ship half of the year. So responsibility to bring up my child is up to me only.
Now it has become very tough for me to continue my job from firozabad so I need to take transfer to Kanpur.
But the management committee is not willing to give me noc.
So experts I need ur kind advice whether there is any provision to get noc from management committee.
Thanks in advance
Shruti gupta
vivek kumar
30 January 2016 at 09:45
Dear Sir;
When We Have To Renew A Licence Do We Need To Pay Only Renewal Fees Or Licence Fee
I Mean In Haryana For 100 Worker And Above But Less Than 200 Licence Fee Is 200 And Renewal Fee Is 50 So What Should Be Challan Amount
50 Or 250?
And For Every Worker Security fee Is 30/-Rs is this Fee paid during Taking Licence or everytime during renewal Pls Clarify
Regards
Rahul Gupta
02 September 2015 at 08:45
Dear Sir/Madam,
I joined MES as a Group B gazetted officer (Asst. Architect) in July 2010. I completed there my probation and become a permanent employee. In 2013, I applied for Deputy Architect (Group A gazetted officer) in CPWD (another Central govt department) through proper channel and got selected. I received a training-cum-appointment letter on May 10, 2015 and I submit a Technical Resignation with Lien on May 11, 2015 to ENC Branch, New Delhi (Copy to Chief Engineer, Pathankot Zone, Pathankot and Command Office, Chandigarh) giving the serving date May 31, 2015 and joind the training of CPWD at Gaziabad, UP on June 1, 2015 as the training starts from June 1, 2015. At that time I was posted at CE Pathankot Zone, Pathankot, Punjab and the concerning office relieved me on May 31, 2015 giving a temporary certificate that they have no problem of relieving the employee with Technical Resignation with Lien acceptance is pending.
In my appointment letter issued by MES, MOD it is given that a notice period of 1 month from either side on resigning the service. In my case the notice period of 1 month is not completed as I resigned on 11-05-2015 and leave the department on 31-05-2015 (11 days left in completing the 1 month notice period).
I want to know that:
1. As I applied through proper channel and giving a Technical Resignation with Lien, and also going from Central Govt. to Central Govt. (Same Employer),
Is it necessary to serve the notice period of 1 month?
If not, then please provide the DOPT order no. regarding this.
If the notice period is required to serve then, How the 11 days of notice period are adjusted?
Can this issue is resolved by submitting the 11 days salary?
If a person joined a service under the same employer and in upper grade with the proper permission of present department, notice period is required?
Please help me as soon as possible as it is urgent because training is going to over in September 18, 2015 and I haven't received acceptance till now.
Thanking you.
With regards
Rahul Gupta
MUNISH GARG
29 August 2015 at 21:45
I was working in Autonomous body of punjab Govt from last 3 yrs. Now i hv joined Punjab Govt Depptt Food & Civil Supply through Direct Open recruitment by applying through Proper Channel, i hv given Technical resignation & also marked a lien. Now question arises whether my pay ll be protected or not. Bcz now punjab govt is paying only basic pay to every new employee which is only 10300 for 2 years. I was taking 34000 on previous job. Plz also tell CSR regarding pay protection n punjab high court judgements supporting ur views.
Soumick Basak
25 August 2015 at 16:15
Hi Xperts
My query is :
a CMMI Level 5 IT company takes interviews multiple times and after clearing the same they collect documents from the candidate and there is no response after that.
Can we lodge a complaint against the employer pointing that a Harassment of the Candidates
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Quary
)
This query i
sir told tha t Since you have completed HS
sir ' unfortunately miss to mention my H.S.Qualificstion in the application from . as per adv. minimum eligibity MP+ITI. HOW I RECOVER THE PROBLEM. pleaze give me suggestion to escape it
It is happens lack of my small knowledge but I have submitted my parent depar meant H.S. qualification through attestetation (P vR) before joing job , they P.V.R the H.S. certificate smd closed my record
but first page of my sr showm M.P.+iti
. I had been farther selected Eastern railway at same post . I had took technical resignation and joined Erly2015 . but at the time of (E.RLY) attestation I informed about my H.S .they ignored . farther they sent pvr without H.s
the service book came from my patent department ; the advertisement was no restriction for higher qualification
help me to solve the problem iam very fear and anixty.