rkchopra
14 November 2008 at 13:31
IFCI (having its registered office at 61,Nehru Place ,New Delhi-110 019),a Public Financial Institution, originally established as a statutory corporation by an Act of Parliament in 1948(15 of 1948) and the first Government Institution converted into a company at the threshold of liberalization by another Act of Parliament i.e. The Industrial Finance Corporation (Transfer of Undertaking and Repeal) Act,1993, No 23 of 1993 is for all practical purposes an instrument of the Government Of India(GOI has recently directly extended IFCI loans/grants amounting to more than Rs. 5000 crores spreading over 2002/03 -2010/11)
The Section 8 of the above said Repeal Act explicitly protects the service conditions of the employees. The position was reaffirmed by the then Honorable Finance Minister of India on the floor of Lok Sabha on 3rd July, 1998 in reply to an Unstarred Question No 2786
Now IFCI in gross violation of three decades old policy of following Industrial Development Bank of India (IDBI) in relation to pay scales, pension and other service conditions, by shifting the cut-off date of revision of pay scales, has deliberately denied its 286 retirees their revised due pension, outstanding wages, medical and other related benefits.
Under the circumstances and based on above facts, what VRS optees (who are mostly senior citizens) can do so that they can get releif in a shortest period without incurring much expenditure.
How much time it will take in decion by High Court?
Management after decision may appeal in Supreme Court that will also consume much time by that time most of retirees would be in Heaven.
Is it possible to file PIL in Supreme Court or any other legal way in which decision can be taken in 2/3 months.
The Supreme Court in case No 395/2008 (writ petition civil)has decided to look into the alleged discrimination between pensioners who retired from public sector banks between1987-97 and those who did so after 1998.
Perusing the PIL filed by an aggrieved employee of one such bank, E K Varghese, the Bench of Chief Justice K G Balakrishnan on Thursday sought the response of the Finance Ministry and the All-India Bank Employees Association.
The PIL, filed through advocate N R Shonker, claims that those who retired before 1998 were denied the benefit of revision of pension. The petitioner urged the Court to declare that denying revision of pension benefits to pre-1998 pensioners while granting them to post-1998 retirees was arbitrary and illegal and in violation of Article 14 of the Constitution.
Varghese has also alleged that there are considerable anomalies in the pension payment made to retired employees of public sector banks and those who retired from other government services.
His petition stated that when the Central or state governments extend an increased dearness allowance to their employees, the same is extended to their pensioners as well. However, in the banking sector, even though the DA is revised for working employees on a quarterly basis, it is revised only half-yearly for pensioners. This, he again alleged is arbitrary and violates the Constitution.
Can somebody give reference / Contact Nos of Mr. N R Shonkar who can be approached by retirees for making a party to the case
Pl also advise the definition of back wages with supportive judgements if any
nathan
13 November 2008 at 20:41
I was asked to leave/start treat me badly, hence left the company. Now I have not received the leave encashment. When I asked I was told the as per company policy no leave encashment.
Company which I worked did have any policy or any system, not even they do not proper attendance.
In this scenario can claim my PL encashment legally. If there is any rule or section which I can mention while writing for the same
regards
nathan
Legal Eagle
13 November 2008 at 15:38
How many office memos have to be issued to an employee in order to issue a charge sheet against him. Is there any procudure to be followed. Is there is any specific book which can be referred to?
Legal Eagle
13 November 2008 at 15:38
How many office memos have to be issued to an employee in order to issue a charge sheet against him. Is there any procudure to be followed. Is there is any specific book which can be referred to?
Legal Eagle
13 November 2008 at 15:33
Can an employer reduce an employee's salary. The salary of an employee which is about say more than 60,000/- per month. If so, then under which act and if not then under which act? Are there any relevant judgments to that effect.
V V SATYANARAYANA
13 November 2008 at 14:09
Sirs,
The status of our company is contractor. One of our contractor's employee has met with an accident. Commissioner under workmen's compensation act has passed for depositing sum of Rs. 30,000/- by the principal employer within 30 days and get indemnified by us.
My query is :
1) Our contractor is saying that he would go to High Court for appeal. What is the procedure for this. First should he deposit the money of Rs. 30,000/- with the Commissioner and then should he file appeal ?
2) Otherwise, our Principal employer would deposit the money and would deduct from my bills. Can we straight away deduct the same money from my contractor ?
Please clarify.
Thanking you,
V.V.Satyanarayana
nathan
11 November 2008 at 22:32
Hi,
Is company can deny the leave encashment as compnay policy.Is it compulsary that Leaveencashment is given to employee as per any rule.If yes kinldy let us the act and section of the same
I will be greatful if you could send a copy of the act regarding the leave encashment.
regards
nairrs
nairrs@rediffmail.com
Murugesh
10 November 2008 at 12:37
Dear Sirs,
We have a new project in Kerala and we engaged EPC contract. our manpower is only management staffs like Engineers, Senor Engineers managers etc( not workers or labours). Since it is a on site job our normal working hours are 10+1.
As per labour law 8 hours daily working time and 50 hrs OT for a month is applicable ( as per my knowledge ). But in our case it may go more if we will keep daily working hours as 8 hrs. we are ready to pay more money to staff if they worked more hours. But my question is " the rule of 50 hr OT per month". In our past case many time the OT hrs exceed 50 hrs. Also we dont want to increase manpower instead of giving OT. If the staffs agreed to work for 10 hrs per day, is it possible? please clarify.
Arihant AC
10 November 2008 at 11:01
Dear All
I want to know that whether PF Act is applicable to Transporters or Carriers Contractor in Sugar Mills ?
In this matter Civil appeal no. 354/2000 in Supreme Court between Ramala Sahakari Chini Mills Ltd. & Employees Provident Fund Commissioner was set aside and the said matter is remitted to RPFC for fresh adjudication.
Please give me a fresh judgement on this as it is very necessary for South Gujarat Sugar Mills.
Regards,
Nehal
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subsistence allowance & Standing Oredrs
Dear Harbhajansingh Ji,Hello
Once again i would like to have your guidence.
still my domestic inquiry is going on for the last eight months,i requisted to my inquiry officer for providing me 75% of my salary(still i heve been getting ony 50% of my salary.)
Inquiry officer asked me 'under which section of ID Act/Labour Act,subsistence allowance can be increased? please provide me all the details about this act',it is surprised, because she(Inquiry officer)is also a lawyer of industrial court,
can you please tell me about the section,
my company is Ahmedabad based Indian Pharmaceutical company and i am a Medical Representative in M.P. State.
One more thing, my company does not have certified/formal standing orders,i asked to my inquiry officer, regarding this matter,but she refused to reply and told me that it is not necessary for domestic inquiry,she told about some new rules which are given by Supreme court,is it true?
Please guide me and send your reply as eary as possible.
thanks.