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Anonymous   21 February 2011 at 13:40

Urgent Help

Dear Sir / Madam,

I am working in a Pvt. Ltd. Company as a HR for the last 2yrs 11months. My query is regarding Maternity Leave & benefits.
I am expecting and planning to inform my seniors regarding my maternity leave. But my company is not professional and I am sure they will not easily give me the maternity leave with full salary.

Please advise Shall I get the maternity leave and how much salary should I get from my company during maternity leave. And for how many days leave will be applicable.

Also advise if my employer is not ready to give me the maternity leave & salary then where should I lodge the complaint and what is the procedure? And how much time it will take to resolve this matter?

Anonymous   21 February 2011 at 11:25

Minimum Wages

We are in manufacturing of chemical.

As per Minimum wages act, the minimum wages of Security, house keeping person, engineering firm are differ with each other.

We have more than 20 contractors for do different type of work like House keeping, Engineering, Electricals, Instrumentation, Loading unloading etc.

I have questation for implimentation for Minimum wages.

have we follow to minimum wages of Manufacturing industries for all contract labours or different wage rate of each type of contractor as per minimum wages ?

Kalpesh Berawala

giriraj sharma   20 February 2011 at 21:56

limitation appeal against CAT in HC

sir,whether there is any time period to appeal against CAT order in HC.in order no time limit is specified

giriraj sharma   20 February 2011 at 16:41

CAT disputed order against my appeal

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.

MUkesh Rai   20 February 2011 at 10:14

Performace Pay Dispute

HI
This Is Mukesh , i have joined company on nov 07 and in my offer letter there is one brekup was added of performance pay this is the policy where company is dedectind Rs 2500 per month in salry and they are relasing full amount rs 30000 at the end of finacial year and i have resign my privous company on 20/3/10 before 10 days of compliny finacial year . now company is saying as i have now complate finacila year so they will now give me my amount in full and final .
when i have read the company policy performance pay is applicable for top 3 band ( grade for employee) and i comes under band 4

one more thing is that this polyc was not applied for all epmloyee of my band

and one person who has regin before me company has give his performace pay

plase advide waht legal action we can take

regards

mukesh

Anonymous   19 February 2011 at 18:58

legality of documents

respected sir,
my uncle has been working as a store keeper in a society school,due to the deficiency of teachers he was also doing the work of a sports teacher.
but now the school is going to being under govt. prosecution so there will be no store keeper post,thus society member suggested him to apply for sports teacher documents from any outside university and he follows that he applied for sports teacher diploma from kanpur university and he got the documents.
after all this he handedover the documents to society members and requested him to investigate for the legality of the documents.when the society member investigate on their level they found that the documents are not legal.
now they are presurizing my uncle to regn. and promising him to reappoint him as a sports teacher.but fortunately my uncle realize that it was all a plan to fired him from his post so that my uncle can loose his seniority and they can easily fill this post with their own relative.
still my uncle have not taken any pay on the basis of those documents so in this sitution what should he do????
plz help us sir...

Anonymous   17 February 2011 at 13:07

Regularisation of Services.

Sir,

I was working in the govt. autonomous body and in the year 2002 the high powered committee of the autonomous body in its meeting where the then Minister of the Ministry under which autonomous body was regulated, former president of india, former m.p. and renowned scholars being members were present and took a unanimous decision "it was decided that the persons who were appointed in the project since 10-20 years may face problem to get regular job outside and it is decided that their cases may be considered for regularisation without affecting the seniority of the regular staff of the institution. This decision came into black and white and circulated through minutes and Member Secretary also forwarded these minutes to the concerned officers for 'necessary action'. But this decision was not implemented and no order was issued except releasing of these minutes.

Sir,

My querry is whether - (i) we the former project employee raise our voice to regularise our services keeping in view the above decision of regularisation which was taken by majority by the high dignitories of our country. (ii) In Uma Devi Judgement it is clearly stated that if decision of regularisation has already taken by the State then the Uma Devi Judgment can not be implemented on the same cases. Sir, can we expect that the decision which was taken in the minutes of the meeting by using words 'may be considered for regularisation' can be considered as decision of regularisation.

Anonymous   17 February 2011 at 10:43

Querry about Hon'ble Suprement Court Judgement dated 09.02.2011 in the case of Mamta Vs. State of Or

Please suggest me that whether the Supreme court Judgement dated 09.02.2011 in the case of Mamta Vs. State of Orissa reg. 'If any appointment is made by merely inviting names from the Employment Exchange or putting a note on the Notice Board, that will not meet the requirement of Articles 14 and 16 (equality clause) of the Constitution' is applicable by perusing my following questions -

(1) Is this Judgement applicable retrospectively to the cases where a competitive exam of shorthand and typing held with the candidates sponsored by Employment Exchange or this judgement will be applicable for prospective/future cases only.

(2) I was appointed as stenographer grade 'd' initially in a project by competing 12 candidates sponsored by employment exchange and this test was taken by Director (Education) M/o of HRD. Later on after winding up of the project I was transferred to the one of the regular division of the same ministry. I was getting all regular employees benefits like CPF, Part Final withdrawl with gratuity rules of the institution, LTC (since inception) implementation of 5th and 6th pay commission report and arrears to this effect were also paid to me.

(4) In my initial appointment letter's Terms and Conditions it is clearly shown that 'he will not leave this organisation without the proper approval of this organisation', 'he will will be on the pay scale and will be paid salary at par with the other employees of the main regular organisation, police verification, medical from govt. hospital done;

(3) Am I not qualified stenographer after clearing the competitive exam which was given alongwith the candidates of Employment Exchange ?

(4) I was shown in writing that I was working in the main organisation(regular) against vacant post

Please advise me at the earliest please.

gosc   07 February 2011 at 17:00

Chennai Coporation - Profession Tax

I would like to know the rules for the profession Tax – recoverable towards Chennai Corporation. Please give the rules / definitions for the applicability to individuals / to organisations – particularly whether it is applicable to non-profitable establishments staff.

sangameshwara   02 February 2011 at 16:33

INSURANCE OF ESIC IS NOT VALID?

my father was an employe of NTC,GOVT OF INDIA UNDERTAKING, When he was on duty at factory premises he got a accident and getting pension from ESIC,
Latter on he given VRS and came out from factory, as per ESIC law's whom ever is getting PDB, he & his wife can avial medical benefit as long as they live.

In an emergency my father had gone a major operation for cancer in a private hospital, we incured a cost of arund Rs 1 lakh, & my father also expired.

When we submited a application for claiming the 1lakh from ESIC, They are saying they can not able give . since he his not taken the treetment from ESIC & They are not giving treetment to my mother also.

I kindly request any expert can assit us.