asoke chatterjee
20 April 2012 at 20:56
Dear Sir,
I am inserch of a SCI order where the Apex court has ordered that individual who was denied promotion due to GOI's lapses has to be paid salary according to pay scale higher post if court orders goes in his favour,considering that he deemed to have served the post.Shall be thankfull if post me order no and date and the site for taking out a copy of the ordrer.
Thanks and regards.
Asoke chatterjee
Retired IOFS
Rajesh JB
15 April 2012 at 20:56
I was a Kerala Government employee having 09 years and 02 months of service (09/08/2000 to 27/10/2009). Through proper channel I got selected as Assistant Professor in Central Agricultural University (CAU), Imphal and joined on 30/10/2009.CAU requested the Kerala Govt to pay my pensionary liabilities for counting my past serve for service benefits. Kerala Govt denied the same by saying that there is no provision for paying pro rata pension liabilities in Kerala.My humble query is 1. What are the components of pro rata pensionary liability? Whether it contain only DCRG or DCRG along with Commutation of pension amount also? Or some other component also? 2. What I can do now since Govt of Kerala denied the payment? 3. Whether employee himself can pay the same? In that case same amount has to pay? Please help me in this regard. Rajesh JB
Lalita N Bhatt
14 April 2012 at 11:20
Hi All,
I stay at ambernath and have been working with a Pvt Ltd co. in Andheri since May 2005.
I was on maternity leave till 31st Dec 2011 (3 mnths). I was blessed with a baby girl on 17th Nov 2011.
I had sent hard copy as well as soft copy of my resignation to the company on 19th Dec 2011, stating to consider one month's notice period and that I would not be able to join back- since my baby was too young to leave alone .My Director - waived off my notice period considering my situation to stay back with my child.
After a month, I got an opportunity from one of the other co. in Pune to work from home and accepted it.
I am eligible for gratuity from the earlier co.- the co. had prepared the gratuity cheque on 7th Feb 2011, but i was not in Mumbai that time. When I came back- they came to knew that I am working for another compnay and they are not ready to give me the cheque now. They are now asking me to pay them a penalty of 1 month salary ( i.e Gross salary- 31000/-) in lieu of 1 month notice period and then they would release my gratuity.
My questions are:
1. Is there any rule in Indian Labour Law that one cannot work with the competitors till 6th months, after leaving the company.
2. Is the company in breach of Law for not paying me the gratuity within 30days of submission of Form I.
3. Can I proceed to take a legal action against the co.- if yes, then pls help me how to proceed?
4. Please advice the rule for paying 1 month salary in lieu of notice period- is it the gross salary or the basic salary?
Regards,
Lalita Bhatt
PHILMON SOREN
10 April 2012 at 15:43
My father died in a road acident while returning from company. We asked the company to pay workmen's compensation but the company gave a compensation which was very less after filing a suite in the court.
After two years of case one day our lawyer told us that our case is rejected as a similar case which was going on High Court and a decision came that if the accident took place outside the company premises then workmen's compensation is not entitled.
I wanted to know is there any provision in workmen's compensation act that any accident outside company premises even while returning from company is not entitled?
PREM
09 April 2012 at 06:18
Dear helpful lawyers!!Is there any order of Hon'ble Tribunal/HC/Supreme Court to clarify that merely filing a WP by contemnors for stay of the order is not correct, hence the passed must be followed and the contemnors cannot skip from contempt when about 11 month has passed since pronouncement of the order and the contemnors have been deliberately not moving in their WP filed in Hon'ble HC? If yes, Pls provide the link/extract/title/case title, as I got an order in my favor from Hon'ble Tribunal
Dharni Patel
17 March 2012 at 16:31
Dear Sir,
One of my client is importing laptops for which they paid cvd+cvd edu cess+ cvd HE cess equivalnet to 10.3%. He is a trader in india selling these laptops by charging vat/cst as applicable. he is also a service provider. He falls under business auxiliary services and repairs and maintenace services for which they pay service tax. They have no any manufacturing activity.
so my query is
Can he claim cvd paid on import of laptops against payable service tax on business auxiliary services & repairs & maintenance services?
whether cvd paid is refundable to them by any other way or it is part of cost to them ?
Anonymous
02 December 2011 at 21:49
Dear Experts,
If there are 02 registered union in Company ( Manufacturing Company ) having nearly equal membership then with which union the Management will discuss & negotiate the Wage Settlement..?
Thanks in advance.
Anonymous
28 November 2011 at 12:28
I have retired from Stock Holding Corporation of India Limited in January, 2011. The organization pays annual bonus only to In-service employees. However they term this as Incentive payment and the payment is based on four grades A B, C and D. The payment is based on the attendance of the previous accounting year.
As I have retired and become ex-employee, am I eligible for the above payment. Can I demand the payment from the company.
I understand that the Incentive is additional payment to those who excel the well defined norms set by the company (like Sales Target, Production Target etc.) In the present case there is no such norms and it is sharing of profit earned by the company. Is the company legal in adopting the grades for the payment.
Please guide and reply me so that many ex-employees of SHCIL who have been deprived of Bonus can take steps to get the same. Please whom to approach and steps to be taken to get Bonus for ex employees.
Regards
Ganapathi S. Iyer
Prashant C Chaudhari
18 November 2011 at 18:14
to clarify my query dated 16/11/2011 to respected sir i would like to point out/clarify that earlier in gujarat by virtue of a notification the Reference is required to be made by deputy Labour Commissioner but by notification dated 2001 the said pawer are vested with the Labour Commisioner only. now if deputy Labour Commissioner made a refernce in 2001 after notification and the same has not been challenge by the managment in Hon'ble High Court then at present whether the court can reject the reference in the ground that the same is made by incompetent authority or wht will be the remedy for workmen?
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Pro rata pension liability payment
I am sorry. Again I am posting the subject. Please spare some time for this. I was a Kerala Government employee having 09 years and 02 months of service (09/08/2000 to 27/10/2009). Through proper channel I got selected as Assistant Professor in Central Agricultural University (CAU), Imphal and joined on 30/10/2009.CAU requested the Kerala Govt to pay my pensionary liabilities for counting my past serve for service benefits. Kerala Govt denied the same by saying that there is no provision for paying pro rata pension liabilities in Kerala.My humble query is 1. What are the components of pro rata pensionary liability? Whether it contain only DCRG or DCRG along with Commutation of pension amount also? Or some other component also? 2. What I can do now since Govt of Kerala denied the payment? 3. Whether employee himself can pay the same? In that case same amount has to pay? Please help me in this regard. Rajesh JB