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Swami Sadashiva Brahmendra Sar   19 May 2009 at 00:25

stigmatic compulsory retirement

Normally a government servant can not challenge his compulsory retirement. is there any exception to this rule? can he challenge his compulsory retirement on the ground that it is stigmatic becuse some charges has been alleged ?

Shyam Lal Naik   18 May 2009 at 15:46

Holidays before/after leave

Respected Members,

Whether the holidays falling either before or after the period of leave are treated as leave or holiday, either as per law or custom.

SRIPRAKASH BHATTACHARYA   17 May 2009 at 23:37

RESPONSIBILITIES OF A COOP> HOUSING SOCIETIES

17.05.2009
BEING A LARGE CO-OPERATIVE HOUSING SOCIETY AS THE PRINCIPLE EMPLOYER, IS IT MANDATORY AS PER VARIOUS ACTS AND LAWS, TO ENSURE THAT ITS SERVICE PROVIDERS LIKE SECURUTY AGENCY AND OTHERS DO PAY THE MINIMUM WAGES, DEDUCT PF AND CONTRIBUTE TOWARDS ESI ETC? PLEASE GUIDE ON THIS.

Sriprakash Bhattacharya
9836310615(M)

gcchs.lakegardens@gmail.com + bhattacharyasriprakash@gmail.com

k c sahu   16 May 2009 at 18:04

multiple factories in one premises

I need your help in the following problems:



Background of the problem:

Ours is a manufacturing company (Say X). The land in which our factory is located is a govt-leased land (99 years). Now we have formed a separate new company (Say Y), registered under Companies Act, to cater our raw material needs to be located in the same land/premises. We have obtained separate license for the new company under Sales Tax/Income Tax etc and also approval from state pollution control board. In order to get the factory license under factories act we have submitted all the statutory requirements.



Dispute of Land:

Company X has entered into a conversion agreement with Company Y to install a plant in the land of Company X, which is a govt-leased land.



Problem No-1


The Officials of Factory and Boilers department are raising objections that the leased land is in the name of company X and hence License cannot be given to company Y.



Problem-2


Some officials are of the opinion that one person cannot be Manager of two factories under Factories Act/



I request you to kindly give your suggestions in this matter.

Regards



K.C.SAHU

Mahesh   16 May 2009 at 16:56

Employee committing fraud termination procedure

Sir,
An employee (peon) in a co operative bank is found to commit the fraud by obtaining signatures of depositors on blank withdrawal slips and withdrawing the money. He has admitted the mistake. The bank's chief executive officer has terminated his services without any further enquiry. The question is whether the officer concerned right in his swift action? Should the bank follow the complete enquiry procedure & Board of Directors issue the termination order? Can our bank succeed in the court if the employee (Scheduled Caste)file the suit against the bank.?

Thanks in advance

CA Mahesh

Abhimanyu Soni   16 May 2009 at 15:11

Labour Union or Group

Dear All,

I am working in a Shipmanagement Co. Mumbai. Our core activity is to man and manage the vessels with regard to onboard staff.

My query is: As this a very small industry, the employees faces problems which are very common to all other companies. Problems are like sacking any employee without any notice, not giving permanent status to the employees even if they have been working since 2-3 yrs.

Viewing this scenario, can employees from the industry as a whole form a union or group with legal identity which can stand together when there is any such wrongs happens with any of the employee.

If yes, what could be the procedure to make such identity to safeguard the employees future.

Thanks in advance

Abhimanyu Soni

vijay dhiman   15 May 2009 at 11:13

Bonus

How will calculate the bonus amount?
wht is the minimum amount of wages whose comes in bonus liability.

Om Prakash   13 May 2009 at 12:40

counting of past service

Sir, I was the employee of a central autonomous body and applied in other central autonomous body through proper channel. At the time of relieving my parent department had refused to pay pensionary benefits stating that this organisation had adopted OM dated 29.08.84, which define the central autonomous bodies i.e. central statutory bodies and central universities but not societies registered under Societies Registration Act. In OM dt. 05/03/87 it is clearly stated that departments registered under societies registration act are comes under the definition of central autonomous bodies but this OM not adopted by my previous department. In one of the order CAT, Mumbai stated that "Para 4 of the said OM provides definition of the term “Central Autonomous Body”. It provides that it includes a Central statutory body. It does not provide for inclusion or exclusion of any specific body or class of bodies." But my parent department is not agree to pay without adopting OM of 87. I my please be advice that what should I do to get my right of counting of past service of 11 years other than court case.

D.M.Puri   13 May 2009 at 11:24

Department Promotion Committee

One of my senior colleague officer in the Senior Administrative Grade (SAG) recently come to know that his two annual confidential reports have been graded as 'Good'. The Departmental Promotion Committee (DPC) meeting was held recently. The bencgmark for ACRs for promotion from SAG to HAG (Higher Administrative Grade) is 'Very Good'. He has two 'Good' reports out of last five annual confidential reports. He is likely to miss his promotion if availble remedial measures under the law are not restored to. HE was never communicated the contents of his ACRs and about the 'Good' grading. Recently in one of the cases, Hon'ble Supreme Court (Dev Dutt Vs. UOI) pronounced judgement that the ACR gradings and contents must be communicated to the officer if it is going to effect his promotion. The querry is 'What remedial action should he take'.

Suresh C Mishra   09 May 2009 at 20:29

coverage of daily wager in residential buiilding as workmen

whether a worker engaged by the residential building owner for a few days , on account of accident he died . whether he can claim compensation under the workmen compensation act, 1923. please suggest in support of building owner who is not in position to pay such a huge compensation what he can do ?