vaishali
19 February 2009 at 00:51
can in genuien circumstances applicant claim ten time compensetion or more than that, can court grant such ten time compensetion if saticfied if yes than any citetion is avail on this point where under section15(3)of payment of wages act the applicant get compensetion ten time with interest on that.
V V SATYANARAYANA
18 February 2009 at 22:46
Sirs,
Under W.C.Act there is provision for payment of 15 days salary to the injured employee as compensation which is adjustable against the final compensation derived as per the scheduled injury list. The cost of treatment extended by the employer is excluded from this deduction/adjustment.
In our case, we are paying the employee one full month's wages during injury period apart from extending medical facilities. Since the monthly wage payment is made directly to the employee by cheque, can we deduct/adjust this amount from final compensation payable as per the sum calculated for scheduled injury list ? or will the Commissioner for W.C. disallow since the money is directly paid to the employee/workman.
Kindly clarify.
Legal Eagle
16 February 2009 at 17:29
Hi. In case an employee is contributing towards the superannuation and in case he resignes after 6 years of service, is he liable to get the superannuation / the money which he has contributed towards the superannuation or the said amount is kept with the Company. Is there any specific Act which can be referred to? Please advice.
Ziaur Rahman
13 February 2009 at 17:29
In West Bengal Police and Kolkata Police, in departmental proceedings the disciplinary authority appoints the Enquiry Officer to hold enquiry proceedings against the charged officer. The enquiring officer while holding the proceeding also acts as the prosecuting officer on behalf of the disciplinary authority.No separate Presenting Officer is appointed by the disciplinary authority to represent the case on behalf of the Department though defence assistant is permitted by him in favour of the charged officer. On his findings in enquiry report the disciplinary authority imposes the penalties exonerates the charged officer. My query is that whether an enquiring officer appointed by the disciplinary authority can act as a prosecuting officer also? Is it lawful for disciplinary authority to entrust the enquiry authority to act on behalf of him in holding the enquiry? Is it not the violation of principles of natural justice and an act of departmental bias that the enquiring officer holding the Quasi judicial power should act on behalf of the prosecution also? What the law says? Kindly enlighten me with the relevant rulings of apex court or any other court which is guideline on such issues. What is the legal status of such enquiries imposing the penalties on the charged officer? Kindly respond.
Legal Eagle
13 February 2009 at 16:56
Suppose a woman employee after the maternity leave resumes office for a day or so and tenders her resignation, in that case can an employer not give her the maternity benefits. Are there any provisions / judgments where an employer is entitled not to pay any maternity benefits?
Also which section of the Act provides for paternity leave?
Ramesh
12 February 2009 at 15:51
Under Section 1 the establishment will have to have registration if the employer engages 20 or more contract labour in last 12 preceeding months. Similarly if contractor engages 20 or more contract labour in last 12 preceeding months tnen he has to have licence. However, it is not mandatory that all the 20 contract labour are engaged in one single establishment. i.e. He can have 10 labour in "A" establishment, 5 labour in "B" establishment and another 5 labour in "C" establishment. Even in the above sinario he will have to go for licence. Kindly confirm.
Regards,
Ramesh Mande
Arihant AC
11 February 2009 at 10:50
Respected Experts,
My Querry is whether Employees Provident Fund Act is applicable to labour work which was done out side the Factory Premises? As the said Labour work was done by Shop & Factory of others Employers who work independently & work forr all other Establishment also.
Whether EPF Act is applicable to Labour workers under Civil & Construction Work who worked for 20 to 30 days only in a year & if yes then whether they recd. full amount amount i.e. 24% EPF back ? What is the procedure for that. As the said Employee has not having there Birthdate proof or Residential Address as they live there life on foothpath & also the maximum employee are illetrate.
IF there is any Case Matter regarding this please give the reference of the cases also.
Regds,
A. A. JOSE
10 February 2009 at 20:19
Dear Experts/Sirs/Madam,
Kindly give your valuable opinion on this matter.
Pursuant to the orders passed by the SUPREME Court in a proceeding, the employer was required to regularise contract labourers working in the establishment on or before 20 January 1997. However, some of the persons who were actually not workers of the contractor on the said date managed to create false records in collusion with the Personal Manager of the establishment and accordingly obtained appointments on regular basis. Thereafter, matter was found out and after departmental proceedings, the Personal Manager was dismissed. Further, after issuing show cause notices and on consideration of their replies thereof and after giving personal hearins also, all concerned persons who were wrongly appointed , were terminated by the establishment but without regular departmental inquiries against them. Whether such termination or regular employee, though obtained employment on such fradulent means, without regular displinary enquiry,is legally tenable or not. Your opinion alongwith any supporting citations would be highly obliged please.
VIKAS GARG
10 February 2009 at 18:44
hello friends i m working on project "Approach of apex court on labour laws: recent trends". As this is my first formal research work and i don't have any experience in research ..plz help me and suggest me what should i do and from where and how should i start...plz provide me relevant case laws or articles etc..and suggest me proper synposis also....
my email id: vikasgarg_advocate@yahoo.co.in
thanks
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