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Deepak   10 March 2011 at 12:43

ESIC

Respected all

please i have one Query reagding ESIC can you please helpout

Query
1)Can ESIC is deduction is compulsory? If employee salary is below 15K & he doesn’t want the ESIC deduction

Deepak

Anonymous   09 March 2011 at 14:54

SALARY & OTHER DUES OF MY WIFE HAS BEEN UNPAID FOR LAST EIGHT MONTHS

DEAR SIRS,

MY WIFE MRS MADHUMITA BANERJEE HAD BEEN WORJING IN BIRLA SUNLIFE INSURANCE COMPANY LTD AS "AGENCY MANAGER" AT MALDA (WEST BENGAL) BRANCH HAVING EMPLOYEE CODE 35835 FROM NOVEMEBER 2009 TO JULY 3RD 2010. DUE TO SOME FAMILY OBSTRUCTION AND HINDRANCES , SHE HAD BEEN COMPELLED TO RESIGN FROM BSLI ON 3RD JULY 2010. SHE HAD SENT HER RESIGNATION THROUGH MAIL AND THEN SHE PHYSICALLY WENT TO BSLI OFFICE, MALDA BRANCH TO SUBMIT HER RESIGNATION ON 7TH JULY 2010. SHE HAS NOT YET BEEN PAID HER SALARY FOR THE MONTH OF JUNE 2010 (SHE HAD WORKED FOR THE FULL MONTH) AND OTHER DUES BY BIRLA SUNLIFE INSURANCE COMPANY LTD. SHE HAD MADE QUERIES MORE THAN 100 TIMES THROUGH MAIL. EVERY TIME THEY TELLS THAT "YOUR FFS IS UNDER PROCESS"
SIRS, IS IT POSSIBLE THAT A FFS CHEQUE NOT PREPARED IN LONG EIGHT MONTHS ?
WE SHALL BE HIGHLY GRATEFUL IF YOU PLEASE WRITE A LEGAL NOTICE AGAINST BIRLA SUNLIFE INSURANCE COMPANY ON MY BEHALF SO THAT THEY HAVE BEEN COMPELLED TO DISBURSE MY FFS AMOUNT EARLIER. MY FAMILY URGENTLY NEEDS THE AMOUNT. I HAVE MADE SEVERAL REQUEST TO THEM BUT EVERY TIME WE GET THE SAME RESPONSE" YOUR FFS IS UNDER PROCESS".
WE NEED YOUR EARNEST HELP IN THIS REGARD.

MADHUMITA BANERJEE
C/O SUBIR KUMAR SANYAL
KALTAPARA (GAYESHPUR)
P.O. JHALJHALIA,
MALDA -732102
WEST BENGAL

Tushar Chowdhary   08 March 2011 at 19:25

Payment of wages Act, 1936

Domestic construction worker is not covered under the provisions of the Payment of Wages Act, 1936. Please kindly support the replies with the latest judgements of various High Courts and Apex court.

Your support will be highly appreciable.
Thanks in Advance.

Anonymous   02 March 2011 at 16:11

judgments

whereshalliget various judgments with regard to noworknopay in banking sector

what is actual rule for appliation of noworkno-pay in a bationalised bank

kndly let me know

Rama mohan Acharya   25 February 2011 at 16:34

BONUS

Here is a case of Central Public Sector engaging a contractor for certain work to be done in the factory. As per section 20 of the Payment of Bonus Act, the act is not applicable to the public sectors. The definition of the employees donot expressly cover the contract workers . In this situation should the payment of bonus applicable to the organisation(Principal Employer)?

Anonymous   25 February 2011 at 10:41

service tax

i have a franchise business where company pays me rs 85000 per month as 32000 for staff salaries, 10000 for shop rent, 5000 as electricity bill, 2000 telephone bill, and rest 36000 as my commission.
Now after 2 years service tax officer are saying that as i am using brand name of a company so i am liable to paid service tax on my commission and there is no service tax assumption on my total commission.
Plz guide me what i can do or is i am liable to pay service tax on my commision. i.e; 36000 per month. Is there any assumption on my yearly commission.???

giriraj sharma   22 February 2011 at 22:06

CAT disputed order against my appeal

sir,i appeared in deptt exam.fail by jsut 2 marks.got answersheet under rti.found many mistake
in evaluation.my few correct answers were made wrong .in 2 questions 5 facility name was
askd .write down 5 name
there r 10 to 15 facility available.in model answer key there were only 5 answers.if i write
down other than these answers my answers was made wrong.even what i ahve wrtitten accepted
by cpio of my deptt.hence applied through proper channel but no response.then i approach
CAT.CAt direct to consider the representation.Deptt pass speaking
order that we have no revaluation rule hence can not revaluate but increased 1 marks as this
answer was in model key.But my argument was that my
answer is correct and i am not asking for revalution of whole
answer script.provided 1 marks but in case of others correct answers they said as per model
answer there is no change in other answers.again move to CAT.
I prayed following point in CAT

1. My answers was correct but no marks provided.
2.i have attached solid evidences like RTI acceptence,Trg center document even pritn out of wesite where these facility(my answer) was availabele.
3.Mistake was commited by evalutor because there were only 5 samples .but there r 10 -15 correct answers.Model answer r provided for help but in my case evaluator was based on only model asnwer key.even i attached relevent document with my represenation but examiner said that as per model answer key u r answers r wrong.
4. Further it is said as there is no revaluation rule hence can not revaluate u r rest answers.
5even my answersheet was was send to same examiner but it should be send to other examiner

but CAT dismissed my appeal.CAT stated that
1. As there is no revaluation rule and you have not challanged the rule.
2. Examiner may used same method of evaluation for other candidates also.hence direction of
revalution in u r case will be unjustice to others candidates.
3.1 marks increased does not mean u have wright to revalute.
4.applicant have no right to say that as answersheet was send to same examiner it should be
send to another examiner

now i want to move HC.
what should be main focus in my writ.what is probabilty to win.pls guide for future strategy.

Anonymous   22 February 2011 at 18:12

Contact details of Asst. labour Commissioner, Mumbai

Experts, I am based in Mumbai. Pl. provide me with the contact details of Asst. labour Commissioner, Mumbai for lodging my complaint against a cheating employer for non payment of salary dues. Regards,

Anonymous   22 February 2011 at 18:10

Contact details of Asst. labour Commissioner, Mumbai

Experts, I am based in Mumbai. Pl. provide me with the contact details of Asst. labour Commissioner, Mumbai for lodging my complaint for non payment of salary dues. Regards,

Anonymous   22 February 2011 at 15:50

Delhi & Shop & Establishment Act

Dear Members,

Request you all to provide an applicable Circular / Notification, which makes the registration of Offices non-mandatory under the Delhi Shop & Establishment Act.

Thanks & Best Regards,

Rajeev Sharma