mayank jain
20 May 2011 at 14:20
i want to know the liabilities of coloniser redarding labour tax , if the construction work is on contract basis. if the liabilities fall on coloniser than it will on full construction value or only on labour part.
Anonymous
19 May 2011 at 15:23
I myself Dipak P. Mehta Assistant given below the details for your information and record.
Name: - DIPAK P MEHTA (Revoked my Suspension from 24-11-2010)
1) Date of Suspension - 28-06-1989
2) Date of the Judgment by Hon'ble Chief Judge, Chief Court Vadodara 13-01-1998 in favour of me.
3) Date of Criminal Appeal filed before The Hon’ble High Court by the
Department against the Chief Court Order vide Appeal No 177/1999 & 178/1999.
4) Date of Departmental Enquiry held against on me – 03-10-2001vide
EnquiryNo.10/2001, as in the departmental enquiry the charges are same on me which is in Criminal Case as well as in High Court Appeal.
5) Date of Hon’ble High Court had passed the Order and dismissed the Criminal Appeal Filed by the Department –Appeal No. 177/1999 and 178/1999 against Chief Court Vadodara Order. On - 30-10-2009
6) In Departmental Enquiry No. 10/2001 before the Hon'ble District Judge, Vadodara had issued the final order on 24-11-10 that:-
(a) The penalty of stoppage of 3 increments with future effect is ordered to be imposed upon the delinquent Mr. Mehta
(b) The Suspension of Mr. Mehta is revoked. He is reinstated in the service on the same post and posted in Small Cause Court Vadodara. Mr. Mehta from 28-06-1989 till this order shall be treated on duty for the purpose of qualifying service and pension only.
(c) The Order regarding Pay and Allowance during the suspension period of delinquent Mr. Mehta shall be passed after hearing Mr. Mehta Accordingly, notice be issued to him for this regard.
On 03-01-2011 the Honourable District Judge had issued the Notice for hearing on 10-01-2011 regarding Pay and Allowance during the suspension period of Mr Mehta.
On 10-01-2011 the Hon’ble District Judge had passed the order as per below:-
(a) The Pay and Allowances during the period of suspension of the delinquent Mr. Mehta Assistant shall not be paid to him.
(b) However the subsistence allowance paid to the delinquent Mr. Mehta Assistant during the above said period of suspension is not to be recovered from him
(c) The period of suspension of the delinquent Mr. Mehta should be treated as Extra Ordinary Leave.
The Hon’ble District Judge had also admitted in order that from 28-06-89 till this order it is treated on duty for the purpose of service and pension. And again vide Office Order No. 07/2011 dated 10-01-11, suspension period treated as Extra Ordinary Leave.
Due to this type of Order I am having a great loss in my salary fixation.
I had already suffered punishment for 21 years during my suspension period by mentally and economically.
As Hon’ble District Judge were also consider in departmental enquiry order that I am only the bread winner of my family consisting old aged mother, abnormal sister, wife and young daughter.
Lastly I draw your kind attention that in Departmental Enquiry the Enquiry Officer/ Presenting Officer had not examined the Hand Writing Expert which is the main witness of this Departmental Enquiry and in the written submission and at the time of personal hearing which was held on 24-09-2010 before the Disciplinary Authority and Principal District Judge Vadodara my learned advocate Shri S. Barkat had also draw kind attention to Hon’ble District Judge Vadodara.
I had filed an appeal against the orders of District Judge Vadodara before Gujarat High Court Ahmedabad under Gujarat Civil Service Rules 1971.
Latest news is GUJARAT HIGH COURT IS FILED SUE MOTU APPEAL AGAINST ME. PLEASE ADVICE IN DETAILED THAT WHAT CAN DO FOR THE SAME.....
I want to know that if there is any supreme court or High Court judgements indicated that the pay and allowance during the suspension period will be admissible to me. Please advice me in this regard and obllge. Thanks
Anonymous
17 May 2011 at 17:46
My client is transport contractors owning 6 truck tankers. He also utilises services of other truck owners for requirement of 10 trucks. In all under his contract 15 trucks are operating.
The truck tanker crew/staff changes very frequently i.e. 30-45 days. As a principal contractor he has been asked to comply with ESI/EPF Act.
My query is (1) Whether my client has to obtain registration under PF and other Acts. (2) He owns 6 trucks and his staff strength is 14 only through out the period.
(3) What remedy can be availed by him? (4) What about staff of trucks owned by other persons.
Please guide.
B.B.R.Goud.
16 May 2011 at 20:25
in andhra pradesh, after 38 years of its enactment, Payment of Gratuity act, 1972, a g.o was issued in order to enforce the private organisations to make the compulsary insurance under Sec 4A pf said Act. even then the competent authorities are not responding upon it. can we file writ of mandamus against them under Art 226 in high court of AP.
Anonymous
16 May 2011 at 14:17
Dear Sir/Madam,
Please upload the judgement of "Justice Mridula Mishra passed the order after hearing writ petitions filed by teachers of various universities and colleges in Bihar. Mishra directed the state government to raise the retirement age limit in conformity with the orders of UGC." made on 6th October 2009 as reported below:
http://jaibihar.com/hc-directs-govt-to-raise-retirement-age-of-college-teachers/13046/
I tried to access through website of HC of patna,but it asks for some authetincation code. I request my lawyer friends to help me in getting this order copy. You can send to my mail: nageshds@yahoo.com
Thanks
Nagaesh
Anonymous
16 May 2011 at 08:19
Dear Sir,
I would like to know the minimum wages for “Group D” staff in Hospitals Sector in West Bengal.
Anonymous
15 May 2011 at 14:15
Hi my freind working in a IT Support company.at that company , if anyone resigned they will not adjust pending PL AND CL,and not give that amount of pending leaves. my question is this law is different for different company.pls give solution. and same company not giving apprisal on time.every year they delay more than 6 months without arrears. pls help them.
Anonymous
15 May 2011 at 08:05
Sir,
I had filed a Writ Petition under Article 226 of the Constitution in August 2010 for quashing the Order of my compulsory retirement as a measure of penalty after my Department went full bore against me after the High Court had quashed the Inquiry proceedings and charge sheet issued to me on the grounds of mala fides but gave liberty to my Department to proceed afresh against me on the same charges which had been quashed.
From the first date which was about seven months ago till now no notice has been issued so far. I have crossed over the age of superannuation.
What would be or could be best course of action for me?
With regards,
Anonymous.
Anonymous
13 May 2011 at 12:49
Sir,
In a Disciplinary proceedings recommenced after the High Court had quashed the charge sheet and the Order of suspension on the grounds of mala fides and had given the liberty to the Department to objectively examine the allegations of misconduct the principal Witness in the Quashed by Court, a Deputy Director issued and signed the charge sheet for his reinstated Director.
Will the said charge sheet be considered as Legal?
The Witnesses , a complainant in the quashed by Court charge sheet - listed as the first witness in the charge sheet as aforesaid submitted a pre dated Affidavit instead of recording his statement and the same was accepted by the Inquiry Officer in an ex parte Inquiry without first supplying to the Charged Director.
Will it be legally valid?
The Inquiry Officer made all his findings relying only on these Affidavits in the ex parte Inquiry and held the Charges as proved. Will it be legally valid?
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