Lt COL R S shekhawat
11 June 2011 at 10:30
are --nationalized & scheduled BANK are covered under the CIVIL GOVT dept\organization
or PSU treated as CIVIL GOVT dept abide the rule prevailing
what are CIVIl govt dept ?
1.pl ref. Para 2 C of CDA(O) letter CTC as reproduced.
.In pretext of above it is humbly requested for clarification
“whether Service rendered in
GOI Nationalized & Scheduled Bank during Disembodied pd while in Territorial Army Service” are accounted towards captioned subject or NOT.
LW19/Pension cases
CDA(O)
Golibar Maidan,
Pune – 411001
To
Addl. Dte Gen TA
GS Branch
IHQ of MOD(Army)
“L” Block, New Delhi-110001
Sub: Counting of Pre-Commissioned Qualifying Service For Grant of Pension to
TA Officers.
Ref; Your Lr No. 46347/Pens/TA-4 DT 16/01/2009
-*-
With reference to the above letter, you are requested to forward the full detils of the officers along with CDA A/C No. Personnel No and Name of the officers. It is further intimated that the cases regarding counting of Pre-Commissioned Service for Qualifying Service for Pension to TA Officers may be dealt with as per AO 56/2001.
2. As the AO 56/2001, PCDA (Pension), Allhabad is the authority responsible for counting of Pre-Commissioned Service in r/o TA Officers. Hence, you are requested to appraise all the Units / Formations of TA to adopt the procedure stipulated in ibid AO.
a) Former Service in Army, Navy or Air Force irrespective of regular, SSC or emergency commission:
Claims for counting of former service for pension will be submitted to the office of PCDA (Pension), Allhabad through staff channels concerned on the form prescribed in AO 56/2001 and will be accompanied by following documents
a) Record copies of Sheet Roll or Service Book, which ever was being maintained, along with Enrollment Forms completed in all respect including no and date of “Gazette Notification for grant of commission respect of pre-commissioned service.
b) Authenticated documentary evidence, if any, pertaining to previous pre-commissioned service.
c) Certificate from the officer regarding non-forfeiture of any portion of pre-commissioned service duly countersigned by the Record Officer / Head of the Office.
d) Certificate regarding non-payment of any terminal benefits for the pre-commissioned service.
e) Details of refund of any amount gratuity in r/o his former service with interest at the rate of DSOP Fund rates applicable from time to time
b) Former service in Civil Department of Central Government and
c) Service in Central Government Civil Department during disembodied period while in TA’ Service :
Claims for counting of former Civil Service, for pension will be submitted to the PCDA (Pension), Allhabad through Head of the Office concerned on form prescribed in AO 56/2001 along with following documents
a) Service Book and certificate regarding non-payment of any terminal benefits for the Pre-Commissioned service.
b) Certificate from the Officer regarding non-forfeiture on any portion of pre-commissioned service duly counter signed by the Head of the Office is also to be enclosed.
c) It should also be verified that individual has refunded any amount of gratuity in respect of his former service with interest at the rate of GPF rates from time to time.
3. After approval, PCDA (Pension), Allhabad will dispatch the authority for assessment of Pre-Commissioned service along with Sheet Roll / Service Book to the Record Office / Head of the Office concerned and the Min of Def for published in the Army List. The copies will also be dispatched to CDA (O), Pune and Army Headquarters, New Delhi respectively.
4. Copy of AO 56/2001 is enclosed for reference.
Sd/-
(S.Y. RANADE)
ACCOUNTS OFFICER
Copy to :
1) PCDA (Pension), --For information and necessary action
Draupadi Ghat
Allhabad
Anonymous
04 June 2011 at 11:35
Workmen were terminated for misconduct after
domestic enquiry.Termination was withdrawn
unconditionally and they were allowed to
join duty.They were again terminated on the
basis of earlier enquiry without any fresh
charge sheet.Is the action valid and lawful?
Is there any case law.
Anonymous
28 May 2011 at 15:21
If a person running Company/Factory (HUF)since 5 years. Now he wants to close down it. But the Workers opposing and demanding.
In such situation as per Law, what is Owner's right and What is Workers right?
What should Owner do in such situation.
Please advice.
Monu Bhardwaj
27 May 2011 at 16:54
A person is carrying trading business. He is Operating business by creating four Pvt Ltd Companies in which he and his wife are directors in 50:50 ratio of shareholding. He is also running a partnership firm in which he and his wife are partners in the equal ratio. The whole process of business is as follows:
1. They are raising unsecured loans in personal names and transfer the same in one of the company. Company is paying interest and instalment of that interest by the company’s cheque directly to the bank/financial institution.
2. No TDS is being deducted from these payments.
3. Directors transfer funds to purchase property in their personal names.
4. Interest of Rs. One Crore per year is debited to the profit and loss account.
5. Limits CCs of Rs.10 Crore had been raised in the relevant companies but used for purchase of property.
6. No enough working capital is left in the business and they raise further loan secured or unsecured or home loan.
7. No statutory compliance have been made.
8. Furhter they create a vogus proprietorship firm and the turnover is Rs 2 Crore per year and the whole sale from this concern is in cash. There is no cash in the books but they deposit lacs of Rupees in bank from black money.Cash balance is also negative which will be made positive from receiving cash from old accounts of bad debtors.
9. They are using faque Form C for avoiding sale tax in the above concerns.
10. They are not registered in PF ESI Shop Establishment Acts.
In the above all they are evading lacs of rupees sale tax service tax income tax and not paying the employees their salaries in time.From April 2010 they announce increment in our salary but we have not received arrear of salary from April 2010 to Dec 2010.We have not received our leave encashment for the financial year 2010.
My problem is that I was the previous accounts head of this concern and they are threating me that if I say something to someone they file a FIR against me or theat me by saying that they can destroy me and my family.
I humbly request all the members of LawyersClubindia to help me by suggesting where to complaint against these concerns by not disclosing myself or keep my identity confidential.
Anonymous
27 May 2011 at 16:10
Dear Sir,
I was chnsged my job and join a new one in this job i had signed one bond i which they mentuined the word likr principle of "Need to know basis" & "Breach of trust" can u explain me the meaning of this
Also in my bond it was mentioned that if i leave my job within probation period(6 months) then i have to give my 6 months gross salary to company and ig leave after probation then it will be for to months gross salary or 2 month notice period.
In that there is one more bond regardin non-circumvention & non disclosure in which i cannot reveal compny secrets to another organization.
One morething our constitution allows us freedom of employment so why this is prevailing in our country also as per Sec27 of indian contract act(1872) people of india have right to use their potential anywhere they thinks to use no one can bound them.
Please provide your expert advide on the aforesdaid subject,
Thaning all of you,
Regards,
Rizwan Pathan
Anonymous
27 May 2011 at 16:04
Learned Experts, Can you please enlighten us on one doubt. we are a small company covered by the S&E Act and in MAH, EC Act is extended to employees of the establishment! We have covered all employees with personal accident policy for a lumpsum, premium paid by co.(employees are above ESI limit). In case of accident arising in the course of employment would the policy settlement by the insurer would suffice compensation or we haveto pay as per EC Act. If we have to pay as per EC Act, can we offset the insurance policy amount from the actual compensation payable as per the EC Act.
Anonymous
27 May 2011 at 11:19
Company Has pressurizing me to resign from service when I have not to resign he has stopped & hold my salary to create pressure for resignation I have written for the matter to the higher authority after that company has orally terminated after that . I have written a letter to DLC ( Deputy Labour Commissioner ) & copy to chairman & other higher officials.
DLC has given a matter to Labour Supreindent for an enquiry during the consolidation proceeding company has extended more for settlement but not interested to settle after that company has make a false transfer order and produced before Labour Suprendient and said that employee has not terminated he has transferred but I have proved before the L.S. that the transferred order is false and make it after termination for back date after that L.S. has advised me to file a case against company U/S 26 of Jharkhand Shops & Establishment Act 1953 ( Bihar Shops & Establishment Act ) and L.S. has filed a case U/S 28 for recover my salary which is calculated ( Month x 10 Times ) after that company has send a courier after ten months for the complain of which inside a hand bill of birla and the receiving of that courier has been produced before the DLC court that he has send a salary cheque and employee has received the cheque but not present in his bank A/C but the fact is that there is no cheque inside the courier.
I have given own witness before the DLC in court and the opposite party has given for witness before the DLC of which all are given false statement and the case has pending before last three year and after that D.L.C. has changed after the retirement of DLC new DLC has closed the case and given his judgment without hearing my side the case is not maintainable because there is no termination because the company has not issued any termination letter.
Judgment letter has attached.
The branch manager who has terminate me has resigned from the company has given print out of his email that how the company create all this termination and transfer.
He accepted his emails but deny that he had not given me that and blamed that I have hacked his email.
D.L.C. has deny this email has a proof because its an internal communication between the officials.
Pls. suggest what I have do. Judgment attached.
Anonymous
27 May 2011 at 11:17
Company Has pressurizing me to resign from service when I have not to resign he has stopped & hold my salary to create pressure for resignation I have written for the matter to the higher authority after that company has orally terminated after that . I have written a letter to DLC ( Deputy Labour Commissioner ) & copy to chairman & other higher officials.
DLC has given a matter to Labour Supreindent for an enquiry during the consolidation proceeding company has extended more for settlement but not interested to settle after that company has make a false transfer order and produced before Labour Suprendient and said that employee has not terminated he has transferred but I have proved before the L.S. that the transferred order is false and make it after termination for back date after that L.S. has advised me to file a case against company U/S 26 of Jharkhand Shops & Establishment Act 1953 ( Bihar Shops & Establishment Act ) and L.S. has filed a case U/S 28 for recover my salary which is calculated ( Month x 10 Times ) after that company has send a courier after ten months for the complain of which inside a hand bill of birla and the receiving of that courier has been produced before the DLC court that he has send a salary cheque and employee has received the cheque but not present in his bank A/C but the fact is that there is no cheque inside the courier.
I have given own witness before the DLC in court and the opposite party has given for witness before the DLC of which all are given false statement and the case has pending before last three year and after that D.L.C. has changed after the retirement of DLC new DLC has closed the case and given his judgment without hearing my side the case is not maintainable because there is no termination because the company has not issued any termination letter.
Judgment letter has attached.
The branch manager who has terminate me has resigned from the company has given print out of his email that how the company create all this termination and transfer.
He accepted his emails but deny that he had not given me that and blamed that I have hacked his email.
D.L.C. has deny this email has a proof because its an internal communication between the officials.
Pls. suggest what I have do. Judgment attached.
Ritesh Joshi
26 May 2011 at 14:39
1. What are the requirements / compliances under Apprentices Act for an IT company?
2. Are there any returns to be filed? Which department takes care of this internally usually? Human resources?
3. Is there a list of companies to whom the provisions of this act apply to? Does it apply to IT company?
4. Would it apply if there are only employees and subcontract personnel, which are of course given training as is a standard practice in all IT companies?
5. What compliance is to be followed in case there are no apprentices and no such agreements signed?
Kindly clarify the above, would be grateful.
Thanks in advance.
Kind regards,
RJ
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Difference betwwen ESIC and Workmen compendation
Dear Experts,
What is the basic difference between applicaibility of ESIC & WC.
An Empoyer is has any right of choice to take any of one.
What is the procees if an empoyer do not like to take esic and willing to take WC
What is the procees if an empoyer do not like to take WC and willing to take ESIC
Is this both are beficial schems or legal obligations.
Appriciate your view.
Thanks & regards,
Rizwan Pathan