Anonymous
12 May 2011 at 15:17
i m working in MP govt electricity distribution company ,if i will be terminated from service, will i be blacklisted to apply from other mp or out of state govt services. Experience certificate will be given or not.
Actually i m doing job but i m not satisfied with this. now i m working due to bond. my bond duration is 5 years from first appointment after one year training. if i leave this prior to bond i will have to pay the bond, if not they will terminate me but i want to go without termination and without bond. what will i do...?. i had joined this 2007. after one year training appointed as regular AE. what should i do to leave this.
Arun
09 May 2011 at 11:40
Dear Sirs,
Please anyone tell me, are we deduct ESI on Washing allowance paid to Employee?
regards,
arun
Anonymous
06 May 2011 at 20:41
My employer has challenged before the Hon'ble high the one reference made by appropriate government in state act and other time reference in central act which is absolutely illegal approach of the employer.
i want to initiate action against the employer. pl suggest me what to do as the reference was never made under the STATE ACT.
Anonymous
06 May 2011 at 15:23
If a Corporate entity has earned Profit on Sale of Shares,can this amount be deducted from the Net Profit as per P&L Account for the purpose of calculation of Grpss Profit as per Section 4 of the Payment of Bonus Act,1965
Anonymous
06 May 2011 at 11:15
Sir,
I would like to know is there any forum or senior experts which helps poor and needy to file case in supreme court without any fees in labour matter.
anil verma (registeronlyfree)
06 May 2011 at 11:13
Sir,
I would like to know is there any forum or senior experts which helps poor and needy to file case in supreme court without any fees in labour matter.
N.J. MISHRA
06 May 2011 at 11:08
PLEASE MEMBER KINLDY GUIDE ME:
OUR ORGANISATION IS AN INSTITUTION. IN OUR INSTITUTION APART FROM PERMANENT EMPLOYEE THERE ARE ALSO UNSKILLED WORKERS.
IN RESPECT TO UNSKILLED WORKERS I HAVE TO FOLLOWING QUERIES:
1. WHETHER UNSKILLED WORKERS ARE ENTITLED FOR PERMANENCY IN THE INSTITUTION BECAUSE THEY HAVE COMPLETED 240 DAYS OF EMPLYMENT. THE ORGANISATION HAS DONE ONLY SOCIAL SERVICE BY EMPLOYING THE LOCAL VILLAGERS TO DO CERTAIN SMALL JOBS SO THAT THEY CAN EARN THEIR LIVELIHOOD.
2. THE INSTITUTION WAS ONLY PAYING THEM THE SALARY IN CASH AND HAVE NOT MAINTAINED ANY RECORDS AND HAVE NOT PROVIDED ANY OTHER BENEFITS TO THEM LIKE PROVIDENT FUND, D.A., H.R.A., MEDICAL FACILITY, MATERNITY BENEFIT OR LEAVE BENEFIT.
4. GOVT. LABOUR OFFICER CONDUCTED INSPECTION OF OUR INSTITUTION AND HAS MADE A REPORT STATING THAT INSTITUTION HAS COMMITTED BREACH OF NUMBER OF RULES OF EMPLOYMENT RELATED ACT. AS WE TOLD HIM THAT THE THE INSTITUTION IS A TRUST AND THEREFORE EMPLOYMENT RELATED ACTS DOES NOT APPLY. FURTHER, HE STATED THAT SINCE THE INSTITUTION IS PAYING SALARY TO ITS EMPLOYEE AND ARE TAKING FEES FROM THE STUDENTS FOR PROVIDING THEM EDUCATION, IN THAT SENSE THE INSTITUTION IS NOT A TRUST BUT IT IS A COMMERCIAL ESTABLISHMENT AND HENCE THE INSTITUTION HAS COMMITTED BREACH OF NUMBER OF RULES OF EMPLOYMENT RELATED ACT.
NOW WE HAVE TO FILE OUR REPLY TO THE REPORT PREPARED BY LABOUR OFFICER, KINLDY GUIDE ME TO DEFEND OUR CASE.
JAYANTA KUMAR DAS
05 May 2011 at 12:54
Respected Mr. Debojyoti Barman,
At first I thank you to attend my lengthy query. In continuation to my earlier query, I want to supply more information as you did want.
I am a Contractual Lecturer in Electrical Engineering at a Diploma Engineering College (State Govt. Institute)under Dept. of Technical Education & Training, West Bengal. The "renewal" of every Contracts of 06 (six) months after an artificial gaps of 02/03/04 days are there. I am there since 11.11.2003 continuously in this way. I am also given the duty of the Head of the Electrical Engineering Department in spite of presence of "regular" Lecturers present in the said department. Can I claim "regularization" of my job ? and how ? I am 01st(first) Class in B.Tech. in Electrical Engineering. This "Post" is Gr.A of State Govt. General Service.
Sir, please do guidance to my this query.
Earlier information for your ready reference :
In March, 2001, 212 nos. of adhoc lecturers (similar to my contractual status) in different disciplines were regularized without appearing in the interview by Public Service Commission (PSC), West Bengal. I did join on 11.11.2003 as a Contractual (Full Time) Lecturer in Electrical Engineering in BPC Institute of Technology, Krishnagar- 741101. It is a Govt. Diploma Engineering College of Govt. of West Bengal under Department of Technical Education & Training, West Bengal. It has no connection with UGC. But it is duly recognized by All India Council for Technical Education i.e. AICTE and Diploma in Engineering is awarded by “West Bengal State Council of Technical Education”.
Those 212 nos. of adhoc Lecturers of the same Colleges of the same Dept., were not interviewed (true news and the said department could not reply to the RTI application) even at the time of entering as adhoc Lecturers. Only GOD knows about their recruitment criteria. Many of them were regularized even well before completion of 02 years after joining as adhoc lecturers and also few of them had no minimum percentage of marks as specified by AICTE (so it is illegal appointment) for those posts. But myself along with many others were properly interviewed by an Expert Interview Committee which was equivalent to PSC before the recruitment as Contractual Lecturers. Also our interview was done after collection of applications against open advertisement in different Class I newspapers. After screening of applications interview letters were issued. Our posts are of “Group- 1 Gazetted Officer” rank in West Bengal General Service. Also we are recruited against “Permanent Sanctioned Posts”. West Bengal Service Rules (WBSR) - Part 1 says 03 years’ continuation with success as temporary employee will be regularized. It also says that any appointment may not be through PSC, but with proper interview after open advertisement for the recruitment in different class- 1 newspapers, cannot be said as “Back Door” entry and “illegal” selection. So this “irregular” but “not illegal” recruitment can be regularized. AICTE also agrees with this process of recruitment procedure. This is also supported by the Judgement of the Hon’ble Supreme Court in famous “Umadevi” Case. The judgement delivered on 10.4.2006. This judgement also said about the regularization of such “irregular but not illegal” posts as one time relief to existing temporary employees before any regular recruitment. After this 10.4.2006 no regularization was done in our department. Also in a regular selection in 2006, no necessary age relaxation and due weightage of experience in those posts were offered to those Contractual Lecturers which is contrary to “Umadevi” verdict.
I am still continuing. The Department of Technical Education and Training is renewing / extending our contract for 06 months after keeping gaps of 02/03/04 days after every renewal. I want to mention here that according to the judgement on April 22, 2009 of the Hon’ble Supreme Court in Case No. CIVIL APPEAL NO.7922 OF 2002, those types of terminations and re-appointments are illegal. Also in article 25E of Industrial Dispute Act, 1947, it had been stated that “a minimum of 120 days’ work in every 06 months – is the definition of “continuous job” which we satisfy. In the judgement of Civil Appeal Nos. 4256-4257 of 2010, the Hon’ble Supreme Court had said the places where regularization can be done. We also satisfy those. In 2008, allied Department of Technical Education for Degree Engineering Colleges, had regularised its 32 nos. of adhoc / contractual Lecturers with minimum eligible qualifications but with few are over-aged. Also, many departments of Government of West Bengal had regularized their different temporary employees since 2006.
Please do advice me suitably. Should I proceed to State Administrative Tribunal for Regularization ?
Thanks.
DEBABRATA MALLICK
02 May 2011 at 12:38
I WAS NOT PAID ANNUAL INCREMENTS FOR THE LAST 20 YEARS.. NO HIGHER SCALE GRANTED DURING LIFETIME.. EVEN MY CONTRIBUTION TOWARDS GPF WAS CONFIRMED AS MISSING SINCE 1997-98 BY THE AGWB; I WAS SLAPPED WITH A PENALTY OF 'COMPULSORY RETIREMENT' IN NOV.2010. I MOVED WBAT ON THE AFORESAID ISSUES IN NOV. 2010 FOR PAYMENT OF MY DUES. THESE CLAIMS CANNOT BE FORFEITED UNDER ANY GOVT. ORDER. YET, THE GOVT. LAWYER RAISED THE POINT OF LIMITATION AND THE COURT ACCEPTED IT AND ASKED ME FOR PRAYING CONDONATION.. WHAT SHOULD I DO?? I APPEARED IN PERSON ON THE NEXT DAY AND THE JUDGE SAID YOU MAY GO TO HIGH COURT.. FOR THE SAID PRAYER NUMBER OF DAYS HAS TO BE MENTIONED.. THIS CANNOT BE CALCULATED IN THIS CASE.. SEEKING YOUR ADVICE
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labour related issues
please member kinldy suggest:-
whether the workers who are working as part timers are covered under PAYMENT OF MINIMUM WAGES ACT, MATERNITY BENEFIT ACT, 1961, THE EQUAL REMUNERATION ACT, 1976 and whether such workmen come under the definition of workmen (unskilled workmen).
the educational institution registered under "Mumbai Trust Act" can be considered as Commercial Establisment, if no, then all employment related Acts like PAYMENT OF MINIMUM WAGES ACT, THE EQUAL REMUNERATION ACT, 1976.