Anonymous
30 March 2018 at 17:26
First Writ petition had filed against Person X and accepted a direction to the chief secretary to address the grievance in my representation and dispose of. In action, I filed contempt but government informed before the court that Person X already removed from the post for administrative reasons and representation become infructuous and hence contempt closed.
But in reality no change, Person X continued in same post. So I filed Second petition and got dismissed with cost due to res judicata. Review application is filed because res judicata not applicable since no decision on merits either by Government or Court in earlier. Review only numbered but not listed for hearing till date because bench not sit yet.
Shall I file Third Writ petition to direct the chief secretary to dispose of my representation while review is pending since my representation is not considered till date ? Otherwise any other remedy available
Sudhir Yadav
19 March 2018 at 00:23
I worked in United India Insurance Company (PSU), from 2013 to 2015.
Our Wage revision was pending from 2012. I left it in 2015, and joined another job.
In 2016 we United India Insurance gets wage revision for period 2012 to 2017. Effective/implemented from 1st August 2012.
However the notification says "Provided that the employees whose resignations had been accepted or whose services had been terminated during the period from the 1st day of August, 2012 and the date of publication of this
Scheme, shall not be eligible for the arrears on account of revision under this Scheme."
This denies me my arrears for the period i worked there just because I didnt work their till the day this was published 2016.
I came to know about this in 2017, as i didnt got any arrears i came to know about it little late. Then i tried to seek some information whether its right to deny arrears like this.
I never heard such denial, I work in PSB and even in these banks when wage revision happens, no one is denied just because they left the organisation before settlement notice is published. Everyone gets their arrears for the period they served.
Now I am looking for some legal advice, Whether i can challenge this in courts or tribunals.
Akash
10 March 2018 at 19:15
Hi,
I have beeen working with my current employer, lets say XYZ, from last 4 years. Now i have got an offer from a other comapny, lets say ABC, and want to move out, for that I have resigned my current employer(XYZ) putting a mail to the manager and keeping HR in cc. My manager have also accepted my resignation. The company from where i have got the offer(ABC) is the same company where i am currently working for a man days project through my current employer(XYZ). Currently I am serving notice period, which is 2months for my current company.
As the HR of my current employer XYZ came to know that i am going to the company(ABC) where i am currently working for a project, he is saying he will not give me relieving letter, because of some bond between both ABC & XYZ which states that company ABC cannot hire any member of the team working for their project, but i have found out that there is no such bond. The only bond that exits between both the comapnies is that i cannot be hired by the same team of comapny ABC, for which i am working, but can be hired for other team of the same company. I spoke to comapnay ABC's HR and they said, they have done thorough background check before releasing the offer letter, and they have found there is no bond which prevents them from hiring me.
I am trying to sort this out by talking to my manager and HR of current company. If finally they dont give my Relieving letter, may i know what are my legal options available for me.
Anonymous
07 March 2018 at 14:03
Hi,
I was working in a company and the company deducted my salary and then i said that keep the rest of the salary and now they asked me serve the notice period.
But then i denied to serve as the manager is really rude.I signed a bond and now they are asking me either to pay the agreed amount or serve the notice period
Otherwise they are saying that they will sue me.
Also the firm is not registered yet
What should i do?
simran
06 March 2018 at 16:06
my question is which book should i refer to get detailed facts and judgments about case laws regarding labour law.
Ashi Mehta
04 March 2018 at 01:06
Hi, I worked for a payroll company (Service Industry) for about 18 months. When I resigned, my fnf was done without paying my annual incentives. HR mentioned that incentives payout are decided by the VP sales (CEO's wife) and HR cannot involve into it and I may have to speak to VP Sales.
From the day I have asked for my incentives these are the different versions that I have heard from the leadership team.:
1. When I submitted the report on client acquisition and achievement of more than 60% of target for the Sales year 2016-17, I was told that my main enterprise account got live in the month of November 2018 so it will not be considered for that sales year target.
2. Later, I considered the enterprise account for the current sales year. Since I worked for 6 months in the current FY, I calculate the target 6 month pro-rata basis and achievement report was shared with VP sales. I was told that as per the policy, incentives will be paid annually hence it will be paid in October, 2018.
3. Then when I told why in October I should be paid it along with my F&F once it's live. Then I get to hear that the part of work is not gone live so we can't pay for something that's not live. I have the invoice copies which states that even if that part of the service is not live and has not been billed, I would still achieve my target.
When I told this they came with certain factors which they want to consider for paying me either partly nor nothing. These are the the factor which HR discussed with me over phone:
1. Company is under Cash Crunch
2.Incentive policy itself is becoming heavy on the company and management is seeking improvisation on it.
3. VP sales opinion was that particular enterprise account could have been handled better to get better deal than the current deal. (It has been 3 months on closure of this account. VP had never discussed this concern with me)
4. Due to involvement of leadership team 100% credit cannot be given to sales people (My company incentive policy does not state any such thing).
5. In CEO perspective annual target are given to Sales people, so calculating on pro-rata is not right.
I have given clear justification on each and every point and have asked the HR to revert. She reverted as follows:
''Please talk to VP sales for further clarity. I tried helping you to make you understand different scenarios of the company and your Client Accounts under which incentive discussions happened. Beyond this, I will not be able to help you.' '
I am highly disappointed as conversation is taking place since two months and in unprofessional manner. The leadership team is coming out with new perspective each time and it clearly shows that they are avoiding to pay incentives. I have all conversation in email and calls recorded.
Please help me how can I get my hard earned money from them. Can I file a legal case? I have uploaded the policy.
P a pinto
01 March 2018 at 16:50
I raised a querry about 3 months back on the above cited subject..I will be highly great ful if any Advocate depend my case and win it for me..
Pranay Mukherjee
13 February 2018 at 20:10
I am working in ITD CEMENTATION INDIA LIMITED a MNC from last 11 years, due to some of my personal problems I have requested to our management for transfer to kolkata on May 2017 but without any reason my management send me in leave on November 2017 and from January 2018 they stopped to pay my salary. I will try to contact our office many times through phone and mail but they were not replied. I have family with wife, one daughter, my mother and father and I am only the bread earner of my family. So please let me suggest what to do to continue my job and salary.
Sonu Goyal
13 February 2018 at 15:22
Me sonu goyal had issue with my colleague and he was threatening me to get terminated my services. Kindly assist me
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Regarding not serving notice period
Dear@,
I have asked for transfer on 11th March and till now no management response is there and within a week my supervisor has gone for conspiracy against me which led me to demotivation and within couple of weeks i got an offer from another company asking to join on 1st April and I dont want to serve notice period and I just want to leave this company with credit of my salary.Can this be a good reason as per legal to leave the job without serving the notice period.Asking for Transfer and till date no response can it be a solid reason to avoid legal actions from the company?