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Anonymous   20 June 2018 at 10:48

Final settlement

Dear Experts,

I was working for Norwin technologies from 13-March-2017 to 8-Oct-2017.
I was working for a client by name BITB, and due to some process related issue the client had to withdraw the project & Norwin had to close our team. On 8th August 2017, our Director announced this news & also added that company will be paying us 2 months salary as severance package. Which means they will pay salary till October 8th 2017.

The salary cycle at Norwin is from 16th of past month to 15th of current month. So in March I got salary for only 3 days (March 13th to March 15th). April 2017 salary was paid for the period of March 16th to April 15th. Going by the same pattern, when I got paid for month of September, this was salary for period 16th Aug to 15 September. From 16th Sept to 8th October,they were suppose to pay during final settlement. However they refused to pay by giving some lame reasons. After a constant followup & escalation till CEO level, they called me to pay the final settlement, but paid only till September 30th. They said we are doing favor to you, take it or leave it, this is what we can pay. As I was in very desperately in need of money to pay my daughters school fee, I collected the cheque, but also requested them to consider to pay for remaining 8 days. Till date I have written many emails, also escalated the matter to CEO again, but no response from their end.

Can you please guide me what I can do now to get my remaining 8 days salary?

Thanks
Arun

kalidas   17 June 2018 at 18:23

Meaning of all other consequential benefits

I am attaching the final page of the order issued by hon high court of karnataka . can the members advise me the meaning of the judgement.

12. Therefore keeping these aspects in view, the endorsement at Annexure-A is quashed. A direction
is issued to the respondents to consider the promotion granted to the petitioner to SMG-IV with
effect from 19.02.2004 and grant all other consequential benefits to the petitioner by reckoning the
said date.

the mistake of omitting my name at the appropriate time of interview was done by the bank.( internal correspondence obtained through RTI) because of their mistake of not giving me retrospective promotion in 2005 ( wef 19.2.2004) i missed the oppurtunity of participating in the promotion exercise of 2006, 2008, 2009.

Anonymous   16 June 2018 at 19:28

Accused for wrong absconder termination?

I worked in a IT company, bangalore,India for about 3 years. my notice period was 2 month, already i had 20 leaves. I resigned my duty on 6th april'18 and i requested management and hr to relieve me asap. thus initiated a mail thread with HR. On 11th May'18 (friday)HR agreed to release me next week i.e 14th may as such mail received by me stating clearly you can get release date on next week (no date mention). I fell sick and given them medical certificate for 14th may (monday) stating i am ill. therefore, i joined my new company as they have accepted my mail (medical leave)My salary was blocked from April month onwards ( which should be there as last month salary should be block for full and final statement)After few days on 23may'18 i received call notice & on 7th june i was terminated stating absconder .I was accused for wrong absconder termination.
I asked the question till date to HR to clarify the points:1)After accepting all formalities like, accepting ID cards and all relevant documents how an employee can be treated as absconder?
2)As nothing has been mentioned in any of the emails from your part that 18th May'18 is the date of relieving which was clearly written only next week.
I had well in advance given Them the resignation letter dated 6th april'18.
3)They have already deducted my salary for the notice period, that is for the month of April & May'18 & after that I was been served the letter of termination.
When I had submitted all the documents and subsequently been received by the authorities, then how come I may declared as an absconder? Till date no answer given. They clearly sated me i not serve notice period as my date for relieving was 18th May'18 and my attendance was 14th May'18.May i have right to log a case to them. Please suggest.

Anonymous   14 June 2018 at 20:11

Appointment and Confirmation letter not provided

Hi I'm writing for legal advise. I am a teacher in a private school in bangalore for the past three years and till this day I have not received appointment letter, Confirmation Letter and monthly payslips. I have only received my offer letter. I have resigned and serving my notice period. I have requested the school to provide the due Documents and the management is not responding. The management has deactivated my official school outlook account and unable too receive a reply too my request. Is there a law against this and if so what action should I take?

KA Singh   12 June 2018 at 21:17

Pay fixation of ex servicemen re employed in bank

DEAR SIR,
I AM AN EX SERVICEMEN, RETIRED FROM ARMED FORCES IN 2015 FTER COMPLETION OF INITIAL ENGAGEMENT. I JOIN BANK AS CLERICAL STAFF IN 2015 IN OBC CATEGORY AND THERE WAS NO RESERVATION FOR ESM. I APPLIED FOR FIXATION OF PAY IN LINE WITH THE LAST PAY DRAWN IN PREVIOUS SERVICE. INITIALLY THE HRM AFFIRM AND TOLD TO WAIT FOR SOME TIMES. BUT AT LAST THEY HAD DENIED STATING THAT I WAS NOT SELECTED IN RESERVED SEAT HENCE I SHOULD NOT GET THE PRIVILEDGE OF PAY FIXATION AS OTHER ESM STAFFS DOES. I TRIED TO EXPLAIN STATING I HAVE APPLIED IN ESM CATEGORY WHILE FILLING APPLICATION FORM AND AVAIL THE AGE RELAXATION TOO AND I AM AN EX SERVICEMEN BY DEFFINITION OF EX SERVICEMEN, SO I AM ELIGIBLE FOR THE PAY FIXATION. I EVEN TRIED TO EXPLAIN WITH AN EXAMPLE OF TWO ESMs JOINING THE SAME BANK, ONE IN RESERVED SEAT AND ANOTHER IN GENERAL CATEGORY (BY VIRTUE OF GETTING THE HIGHEST MARK AMONG GENERAL CANDIDATES): NOW WHO WILL BE ELIGIBLE FOR PAY PROTECTION!? THE ONE IN RESERVED SEAT OR THE MERITOUS CANDIDATE SELECTED IN GENERAL??. BUT ALL ARE STILL UN-ANSWERED.

SO KINDLY GUIDE ME IN THIS REGARD, THE DOPT GUIDELINES SAYS ESM WHO RE EMPLOYED IN BANKS IN WORKMEN CADRE, NOWHERE IT MENTIONED JOINED IN RESERVED OR UNRESERVED. KINDLY SUGGEST ME AND GIVE REFERNCE OF ANY SUCH COURT VERDICTS IF ANY.

THANKS YOU SIRs.

Harish   12 June 2018 at 13:14

Demanding for extra fund

I am being paying the repiar fund charges for the building but the chairman still ask for extra fund in cash.
Actually external wall of my window was plain (small area)and now it is done rough same as other external part of building,for which the chairman is asking for 2000 additional to wat i am already paying for repair fund.
Its been finalised by scty that each flat owner will pay 30000 for repairing building in 5 installments in addition with maintainance bill.
3 windows:
Area:6 feet � 0.33 feet.

Shakshi Singh   12 June 2018 at 12:02

Salary not released by employer

I am a fashion designer by profession. I joined this e-commerce start up by the name of "WOLFPACK LIFESTYLE PRIVATE LIMITED". I started working for them on 1st February but I never received the offer letter. Its an unorganized set up only made to harass and torture people. My salary was a meager 10,000 INR for handling customer service, sampling coordination and design development. I was forced to work full night and on Sundays too my boss used to call me all day and force me to work. I quit this company on 20th February. On requesting for salary settlement, they said that as per the offer letter I was supposed to serve a notice period of 30 days. My point is they never gave an offer letter, I never signed one. How can its clause apply to me? Also, Even if we keep aside the offer letter, I was still under probation right? Can they cut my salary during probation?

Anonymous   29 April 2018 at 01:29

Extention of notice period and confirmation of services

Hello, my appointment order states that Probationary period is six months and employee shall continue to be so until the confirmation is given in writing. Further, during probation, there is a notice period of one month if employee wish to separate from the company.

So, I have been working since 20 months and my services aren't confirmed yet. I have resigned a month back but my HR is asking me to serve three months notice as per new HR policies. When I tried to defend on month's notice, they are not agreeing and refusing to relieve me by putting an induction program sheet that was acknowledged by me. The sheet consists of a list of induction programs from various departments wherein "HR policy rules and regulations" is one of them and they are claiming that the HR policy consists of three months notice which I need to follow. They are also claiming that, my services are confirmed right after six months of my appointment although there is no information about confirmation verbally or in writing.

How do I move ahead? My company is no mood to listen to my requests as the client I'm working for doesn't want to leave me.

Arun Chattopadhyay   23 April 2018 at 23:29

Settlement of provident fund

Dear Sirs,

I worked as a manager with a textile manufacturer in Bangalore from November 2005 to May 2007, resigned and then started my own freelance career. I was a member of the EPF/FP and the employer was depositing my PF/FP contributions to the respective EPFO office in that area. Due to my own fault (call it procrastination), I did not claim my accumulated amount till 2015.

I did not have my PF account number. Therefore I submitted my claim forms duly filled in to my employer's office requesting them to provide the account number and forward the documents to the EPFO in June 2015. But the employer's HR department misplaced the papers. I again resubmitted a fresh application in September 2015. But came to know that the company was closed by then.

Since then I have been following up with them and as advised by their MD I again couriered a fresh application in December 2015 but did not receive any reply. I have been running from pillar to post but since all their staff had left, I tried to take help from a few of their ex HR staff who tried to help me but without success. I am a senior citizen living in Kolkata and I have nobody to turn to for help. Hence I have decided to visit Bangalore next week and contact the Area or Regional office of the PF commissioner for help. But I do not have my provident fund account with me.

Respected sirs, can you please advise me how can I get back my PF money? All I have are my appointment letter and approx. date of leaving the service. Shall be grateful to know the procedure. Looking forward to your kind response,

With regards,
Arun Pratap Chattopadhyay

Member (Account Deleted)   21 April 2018 at 16:12

Obc non creamy layer

Me my brother and my parents runs a retail store and annual income is around 8 lakh from which around 2 to 4 lakh they give to us as we also work . please explain how i should calculate income for obc