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Govindarajan   05 August 2009 at 12:12

Standing Orders

I would like to know the procedures for standing orders . Is it necessary to have standing orders ?

salim   05 August 2009 at 09:46

I need your valuable suggestion

"Dear Sir,

I am Salim Shahi, working at Hyderabad for one reputed organization since 28.07.08. Due to some reasons my Regional Head told me to resign the job on Dt.10.06.09, as he is not satisfied with my services, otherwise he will terminate me. I have searched for a job and I put my resignation on Dt.23.07.09. But my HR manager/Business head told me to stay up to 2months as per their procedures & appointment letter. I told them that its their call to resign job and I have the right to leave any time. Now the problem is they have stopped all my payments.

In between this time my company has terminated two persons from my department by showing their previous mistakes. Now these persons are hunting to take revenge on me. I intimated this to my HR and my superiors, but there is no response from them. Can you please guide me how to proceed on this? and suggest me that any mistakes from my side also.

I need the answers for the below:
1. I need my payments back.
2. Another one I need my relieving as per my decision.

Is these things are possible by proceeding legally."

ankit gupta   04 August 2009 at 16:22

employee's provident fund

Dear reader,

case : a firm is a cab operator in new delhi, having a 5 nos of cars with 6 nos of staf, with a turn over of 29 lacs per year ( as per balance sheet of year 2008-9.

the owner has been served with notice from Commisinor of Employee's Provident Fund Dept. requesting to render all documents in support of priovident funds which the firm do not posses.

the firm is being useslessy harrased again & again to apply the PPF no. to which they are not eligible as per " sec 1(2)(a) of the act.

relief: it is most respectfully prayed to you to please tell me what reply can be given agaist the aforesaid problem. pls tell can they harres the firm? pls tell me other relevent statutory provisions in regards to the problem so that a possible defence can be made.

pls reply asap.

thanking you

yours truly

Ankit gupta

9891803682

Tipsy   04 August 2009 at 14:23

How to calculate salary as per labour law ?

How to Calculate Your Daily/Monthly/Annual Salary After attenance


If the employer pays you an Monthly salary, Multiply it by 12 to get your annual salary and divide 365 days to get salary per day and than deduct salary/day
As per absent. Is this the right way, what does the labour law says, how to calulate

e.g 7000 is monthly salary x 12 = 84000
84000 divide by 365 = Rs 230 /Day

Feb : 230 x 28 = 6440
June : 30 days 230 x 30 = 6990
July : 31 days 230 x31 = 7130

deducting any absent no of days

How to calculate as per labour law

Desi   04 August 2009 at 12:40

harassment of women in work places

Supreme Court of India has given certain guidelines in the famous Visaka's case to the public sector employers to prevent or deter harassment of women in work places.
One major requirement is to set up a Committee headed by a senior woman officer to acept complaints against men who harass their women colleagues.
I wish to get the following points clarified:
1. whether a complaint will lie against another woman?
2.Does the Committee have powers to summon the accused and examine him/her?
3. If the Committee finds that the accused is guilty as per the complaint, what action can it take? Is it recommendatory or substantive?
Awaiting reply.
Desi Matthai


Ganesh   04 August 2009 at 10:03

Change of time

In an organisation there is a post of Clerk, some clerks are appointed before 1996 and some after 1996. Clerks appointed before 1996 have 7 hours duty and clerks appointed after 1996 were asked to render duty of 8 hours. Both are in the same pay scale and perform the same work and are at same level. Only the new recruits after 1996 were informed the change by putting the condition in the appointment letter. There are 2 recognised unions in the organisation. One union has filed a Writ Petition in 1998 against this discrepancy.
Now the situation is that the union is not intrested in persuing the matter further and there is no Result from the High Court, Almost 12 years have passed.

What is the remedy available to the employees?

Can individual employees who are not members of any Union file WP for violation of their rights without the help of the Unions.

Will it attract Res Subjudice.
Any other suggestion?

shrigopal sharma   03 August 2009 at 23:42

defination of industry

expemtion from defination of industry u/s 2(j) of ID act that cooperative societies who employees less than 10 employees is not an “INDUSTRY” and not covered under ID act

Is this is notified yet and applicable / available to cooperative societies.

Ranganath   03 August 2009 at 22:54

Pension in case of disciplinary proceedings..

Ld Counsels,

If for an employee of state govt displinary proceedings are taken,
will it always be the case that pension for him will be stopped irrespective of the punishment in the displinary proceedings...

In what circumstances pension will not be granted for an employee who has worked for state dept for more that 10 years.

Pls clarify

nilesh   03 August 2009 at 13:12

money hold by previous employer

I had worked -[3 yrs 11 months] with my last co and resigned on Nov 2008.
we had one salary component, as a part of CTC, which we were suppose to get after every quarter based on your performance. Apr-Jun [08], Jul -Sep [08], Oct-Nov[08] were not released till i resigned comany in nov 08.
Now after 8 months they have done my FnF. what gave me cheque of 29,x x x. they had cut 65, x x x because i had not served 90 days notice. That's fine. But they had not given me that pending quarterly money, which amounts to 95, x x x.
i want to take a legal route for this. What options do i have?

Tanmoy Dutta   01 August 2009 at 11:29

Power of LEO(C) and case of bonus under C.L.(R&A) Act

Q.1. What are the powers of Labour Enforcement Officer (Central). Can he prosecute the occupier on flimsy issues like non-furnishing the father's name of the owner of a contractor, against whom he want to file a case before SDJM?

Q2. Is it mandatory to pay bonus to contract labour by the contractor working in an establishment which is covered under the Contract Labour Central rules?