Vikas Kr. Sinha
15 October 2008 at 17:00
Dear Experts,
Kindly let me know a citation of a Supreme Court Judgement that:
**** Unrecognised Union cannot spouse the Dispute of "General Nature", which relates to all the workmen.
TS Bhatia
14 October 2008 at 12:41
What is the legal formality for making retrenchment of workers in factory ?
A.R.KUPPUSAMI
13 October 2008 at 20:19
Please give a case wise explanation:
Case No:1) If a Company covered w.e.f. retrospective date, the payment of E.P.F dues assessed for the whole period and submitted along with EPF coverage application- The Company is covered from the date as assumed in the application- Is the Company is liable to pay the penal damages and interest from the date of coverage even the payment made at the time of filing coverage application?
Case No:2)While forwarding the coverage details to the Company- Normally the EPF Officials fill the Coverage memo and advice to remit the contribution within a stipulated time limit- The above case covered retrospectively for instance one year before the date of filing coverage application- The Company remits the EPF dues within the stipulated period/or not remitted the contribution within the stipulated time limit and make a delayed payment like 90 days- Is there any Policy or Act to compute and remit the Damages and Interest from the date of coverage or
from the date advised in the Coverage memo
under what basis? accordance with law, Para 32A has given a schedule of rate of damages for delayed days- is the damages and interest is applicable for the pre-discovery period(Pre-discovery period means: The date of retrospective coverage to the date of advise sent to the Company)
Case No:3) In accordance with EPF Act Para 32A, clearly denotes that the recovery of damages for default in payment of any contribution, may recover from the employer as below:
Less than 2 months 17% per annum
Two months and ^ but
less than 4 months 22% ---do---
like wise, Is there any provision or discretionary power to the EPF Officials to compute less than 17% even the time limit exceeds 120 days?
Expecting a favourable reply from the experts.
with regards
A.R.KUPPUSAMI
Adv.Shine Thomas
11 October 2008 at 22:21
Please help me
The provident fund office communicated to an educational institution to pay 10% of the wages of the employees and employer when the total number of employees were below 20 in the year 2003. The strength of the employees later became more than 20, but the school authorities continued to pay the 10% of salary instead of 12%, which is the statutory limit. Now the inspectors found the mistake after these years and to direct the school authorities to pay the arrears of extra 2%, which now come more than 2 lakhs.But the problem is that many number of employees are releaved from the school and joined in other institutions and hence cannot get money from them.
How can the school authorities be saved from paying the extra 2% ? Any case laws?, Any rulings from any courts or tribunals in favour of the institution.
rkchopra
07 October 2008 at 18:45
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. For any further informaion pl contact Mr Handa at 9868338030
KamalNayanSaxena
05 October 2008 at 19:38
What is the scope of writ petition against nongovernment organisation,in the case of dismissal of a workman. Natural justice has been denied to him.
Please post the latest case law
shantilal k. patel
04 October 2008 at 15:57
In a grauity case, I was cross examined by the lawyer of my ex-employee. Now my
lawyer is cross examining the accountant
of the employer.
Why cross examination is necesary? How
it helps? Importance of the same in the
decision etc.
I shall be grateful if any penal lawyer
guide me on the same
s.k.patel
jayanttelang
03 October 2008 at 22:08
Dear Harbhajansinghji,thanks a lot for your guidence,
i am a member of our union(Registered.)which is affiliated to NFSRU,(National Federation of sales Representative's union,Kolkata)they are also supporting me to fight in this matter. But i dont have internal council,would i go through my Union?
where would my union, file complaint,
in the labour court? which is located in my city.
Pradeep Verma
02 October 2008 at 10:31
Dear Sir
Can you please forward your views, more specifiacally and legalized, on the following queries:
What are the legal provisions related to Life insurance & Medical Insurance of employees under Workman compensation Act, ESI Act, EPF &MP Act, Gratuity Act or any other act for the time being in force. Please reply on following bullet points: 1) Type of Employees covered under this Salary wise, Position wise. 2) Kind of liability3) Remedies4) Penalties5) Related Book / Judgement / Web site Anticipating legal opinion from legal / HR experts. Thnx and Regards
Pradeep Verma
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ESI APPLICABLE FOR AMCs & SUBCONTRACTORS
1. We are having subcontractors who will do our parts machined outside (without our supervision) and supply to us. Some of them are having ESI registration and some of them are not. Also please note that they are having number of customers.
2. We have covered Annual Maintenance Contract for maintenance of our machinery and computers. They do not have ESI registeration.
For the above two subjects, Whether Principal Employer should cover / pay the ESI contribution or not necessary. Please clarify.