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mintu   29 December 2008 at 14:13

action against Trade union

Respected sir

Some employees of my client company went on unauthorised leave.Post of the employees are Executive - market operation. They did online sharing trading for my client company. My client company is a registered share borker. Said employees of my client company went on unauthorised leave. We issued a joint request letter, requesting them to join their duties. Now we have received a notice from a trade union threatening to raise "industrial dispute" claiming the termination/ dismissal of their services. It is pertinent to metion here that my client company neither recognised any trade union within the comany nor a single employee including peon is member of the said trade union or any trade union. Said trade union has categorically claim the oral termination/dismissal of the services of the said employees. We have clearly / categorically requested to resume/join their duties.

Now my client company wishes to take "appropriate action" before "appropriate forum".

Ld. memebers are requested to suggest "appropriate action" and "appropriate forum".

Can I advice him to take action making responsible said trade union for interruption / disturbance the day to day business of the client company.

It is pertinet to mention here that even we don't hare received any paper showing membership of said trade union.

Hope your immediate help as the matter is very urgent.

thanks

raghavendra   27 December 2008 at 12:16

Regarding the Employment Bond

Dear Sir,

One of our employee who is working with us has resigneed due to personnel reason but he has given the employment bond for One Year. Now what action we can take against employee ?? in the employemnt bond its mention that if employee leaves the job with in one year ,he as to pay gross salary for three times.
Please suggest us ??
Regards
Raghu

MK Mohanan   26 December 2008 at 14:32

A query on the state of art judicial system

Will anyone attaneding this portal be professionally competent enough to clarify my doubts on the sorry state of affairs prevailing on the judicial system in India, particular to industrial relations.
1. A writ petition admiited in the High Court of MP remains to be taken-up for more than six years.
2. A case in the labour court in MP having a statutory provision of six months for awarding a decision, remains to be in the process with more than 36 dates extended for one or other excuses including even lawyer's strike and also absence of a presiding officfor a substantial periods over a period of 4 years.
3. Grievance complained with the Department of Administrative Regorms & Personal Grievance on two different issues remains as unresolved for more than two years against a clear provision of three months in the concerned rules.
It will be highly appreciated, if any one could give some or other feasible opinion on alternate ways or means to get the applicant achieve a mental peace.
Thanks

PBS KUMAR   26 December 2008 at 14:05

AGREEMENT BETWEEN EMPLOYEE AND EMPLOYER AFTER LEAVING THE JOB

Dear Senior Friends,

One of to executive has going to releave, he has all the information of the industry. My request is while releaving from the employment we planning to obtaining the agreement 'stating that not to disclose any secreates of the company, if any thing happend in proof bound to leagal punishment' - So my request is if such agreemtn draft copy may please suggest. or mail a copy to me pbs_kumar@rediffmail.com

TREAT THIS AS MOST URGENT.

Regards,

PBS KUMAR

Keshav Kumar Saxena   25 December 2008 at 17:14

Difference in Salary (Basic+DA)

Dear Sir,

Myself is an ex-employee of a limited company which has closed on 31.03.2007. In the company when I joined it provided me salary scale of technical worker in 1992 whereas I was working with the post Computer Operator which has different pay scale than the technical provided me by the company. Difference of Basic and DA was about Rs.400/- plus at that time. Now I have taken my full and final payment from the company on 31.o3.2007 against the notice of company of the closure of the unit. Is there any chance to survive the matter and make a recovery arising against the illegal difference ? Kindly suggest me what should I do if I have some chance to go into the matter.

Keshav Kumar Saxena   25 December 2008 at 17:14

Difference in Salary (Basic+DA)

Dear Sir,

Myself is an ex-employee of a limited company which has closed on 31.03.2007. In the company when I joined it provided me salary scale of technical worker in 1992 whereas I was working with the post Computer Operator which has different pay scale than the technical provided me by the company. Difference of Basic and DA was about Rs.400/- plus at that time. Now I have taken my full and final payment from the company on 31.o3.2007 against the notice of company of the closure of the unit. Is there any chance to survive the matter and make a recovery arising against the illegal difference ? Kindly suggest me what should I do if I have some chance to go into the matter.

Kiran Waikar   24 December 2008 at 11:58

Judgment required

Dear Experts,

In a workmens' compensation matter, I want to withdraw my client's F.D. which got matured. The Hon'ble Labour Court directed me to take NOC from old Advocate for the said purpose. Is it required to take noc from old Advocate to get refund of F.D. since the matter is already contested and got disposed off in 2000.
Please can anyone provide me the judgment where there is no need to take noc from old Advocate simply for withdrawal of FD.

Thanks in advance!

Arihant AC   23 December 2008 at 18:40

EPF Act Applicable to Building & Construction

Respected Sir,

Can any body let me know that whether EPF Act is applicable to Building & Constructions Contractor who are involved in Appartments, Bunglows, Tower of Communication Works at Highways.

Regards,
Nehal

Keshav Kumar Saxena   23 December 2008 at 18:28

Minimum Wages

Dear Sir,

Kindly explain whether an employee who was working as computer operator in a limited company since 1992, was appointed since beginning on differed minimum basic salary which was for that time to the technical employees having difference of Rs.300/- approx. D.A. for that basic was also not improved as per increment which company provided yearly. The employee was not aware about this all since 2007. Now please tell whether the employee can recover his dues as per laws.

Murugesh   23 December 2008 at 14:36

Leave Encashment

Dear Friends,

Please give the detail ( Rules / Sections ) for annual leave encashment & accumulation.

Is labour law about Leave encashment is applicable to contract employee also? or any other law or rules available?

Is it mandatory or not by law?

Please clarify