LOOK4U regn
20 October 2021 at 18:41
I HAD WORKED IN PARTNERSHIP FIRM....FOR 30 YERAS 25 YEARS NOT IN BOOKS AS REGD IN SALARY REGISTER......BUT YEARLY PAID ..ACCOUNTIN WORK & THEN 5 YEARS.....IN OFFICIAL RECORD....... .....IN COVID...... THEY READY TO PAY GRATUITY...AS 10% OF AMT.........I HAD REFUSED...... THEY SAID....YOU ARE ...STILL IN WORKING....WITH NO WORK & NO PAYMENT.... TILL DATE... FIRM WORKING.......NO CALL OR TO TKE ON WORK....BUT STILL I AM WORKING EMPLOYEE NO PAYMENT... ..... HOW TO GET ...GRATUITY ....++++ SALARY FROM COVID-1 TO TILL TODAY.... ESIC NO ....I HAVE
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Anonymous
16 October 2021 at 12:13
I completed my 5 years in a company, resigned and company is liable to pay gratuity but they didn't pay it. I didn't file complaint for more than a year. Can I file complaint after 1 year.
SHREYAS TEKRA
08 October 2021 at 15:54
Sir, I have a query about clubbing of two separate deputation periods spent in Central Government Services.
Initially, I was working in a State Government undertaking “A” (a non-pensionable establishment); from there, in response to the advertisement, I applied for deputation to “B” (a Govt. of India Department). After due selection process, I was appointed on deputation starting from 1-12-1999. Period of deputation was extended from time to time, and continued till 15.7.2004. While in service on deputation, i.e. in month of November, 2003, I applied for further deputation to another Central Government department i.e. “C”. Application was forwarded through proper channel. After due process, I was given offer letter on 22.1.2004. At my request, “B” Department (my first deputation) issued, a relieving order dated 15.7.2004 with direction to report “C” Department on deputation. However, “C” department declined to accept relieve order issued by the “B” stating that I should get relieve order from my parent office after having a break in deputation period with “B”. Accordingly, at the instance of “C”, I went back to my parent office, had a two-days’ break, and then with a relieve order issued by my parent office, I joined Ministry “C” on 19.7.2004. After spending three years on further deputation, I was absorbed in the service with “C” department in the year 2007. I now retired from the service in “C” in the year 2021. Please note, service was under NPS because of the reason that my appointment was taken place in the year 2004 and the cut off date for entitlement of old pension is 31.12.2003.
2. Sir, Recent OM of the DoPT dated 17.2.2020 given an option for employees appointed under NPS to switch over to old pension, provided their recruitment and appointment procedure were completed before 1.1.2004, but joined on duty after 1.1.2004, which does not apply to me because offer letter was issued only on 26.2.2004. However, according to me, if periods of two deputations as narrated above, are clubbed, and after waiving two days’ artificial/technical break in deputation period spent in “B”, then my entry in the central service can be counted from 1.12.1999, and perhaps may help me claim benefit of the above OM of the DoPT dated 17.2.2020 for entitlement of old pension. Please also note that there is no ‘cooling off’ period in my case, rather a technical/artificial break which was forced upon me in order to get further full period of three years deputation for the borrowing department “C”. My representation for clubbing of two periods of deputation by waving artificial break in deputation to the Government was rejected. I now think of taking legal course.
Sir, please advise me , whether any merit in my case in approaching appropriate court of law with a prayer to club my two deputation periods so that my entry in central service can be reckoned from the date joining “B” i.e. from 1.12.1999 for claiming benefit of OM dated 17.2.2020 of DoPT ?
Thanks Sir,
Vijaykumar
vijaybeypore@gmail.com
Date : 6-10-2021
SHREYAS TEKRA
07 October 2021 at 14:53
Sir, I have a query about clubbing of two separate deputation periods spent in Central Government Services.
Initially, I was working in a State Government undertaking “A” (a non-pensionable establishment); from there, in response to the advertisement, I applied for deputation to “B” (a Govt. of India Department). After due selection process, I was appointed on deputation starting from 1-12-1999. Period of deputation was extended from time to time, and continued till 15.7.2004. While in service on deputation, i.e. in month of November, 2003, I applied for further deputation to another Central Government department i.e. “C”. Application was forwarded through proper channel. After due process, I was given offer letter on 22.1.2004. “B” Department (my first deputation) issued at my request, a relieving order dated 15.7.2004 with direction to report “C” Department on deputation. However, “C” department declined to accept relieve order issued by the “B” stating that I should get relieve order from my parent office after effecting a break in deputation period with “B”. Accordingly, at the instance of “C”, I went back to my parent office, had a two-days’ break, and then with a relieve order issued by my parent office, I joined Ministry “C” on 19.7.2004. After spending three years on further deputation, I was absorbed in the service with “C” department in the year 2007. I now retired from the service in “C” in the year 2021. Please note, service was under NPS because of the reason that my appointment was taken place in the year 2004 and the cut off date for entitlement of old pension is 31.12.2003.
2. Sir, Recent OM of the DoPT dated 17.2.2020 given an option for employees appointed under NPS to switch over to old pension, provided their recruitment and appointment procedure were completed before 1.1.2004, but joined on duty after 1.1.2004, which does not apply to me because offer letter was issued only on 26.2.2004. However, according to me, if periods of two deputations as narrated above, are clubbed, and after waiving two days’ artificial/technical break in deputation period spent in “B”, then my entry in the central service can be counted from 1.12.1999, and perhaps may help me claim benefit of the above OM of the DoPT dated 17.2.2020 for entitlement of old pension. Please also note that there is no ‘cooling off’ period in my case, rather a technical/artificial break which was forced upon me in order to get further full period of three years deputation for the borrowing department “C”. My representation for clubbing of two periods of deputation by waving artificial break in deputation to the Government was rejected. I now think of taking legal recourse.
Sir, please advise me , whether any merit in my case in approaching appropriate court of law with a prayer to club my two deputation periods so that my entry in central service can be reckoned from the date joining “B” i.e. from 1.12.1999 for claiming benefit of OM dated 17.2.2020 of DoPT ?
Thanks Sir,
Vijaykumar
vijaybeypore@gmail.com
Date : 6-10-2021
virender singh
06 October 2021 at 04:51
Can a company of D R Congo terminate an Indian without any notice or force to resign implicating falsely in mis conduct can a case be filed against the company when the employment was in open contract
Abhishek
03 October 2021 at 13:17
I have resigned after serving 6 years of uninterrupted service in Central Government. Am I eligible for gratuity?
Payment of Gratuity Act, 1972 , para 4 states that 5 years of service is required for payment of gratuity.
26(I) of CCS(pension) rule , 1972 states that my past service stands forfeited after resignation .
However, para 2, CCS(pension) rule 1972 states that it applies to Government servants appointed on or before 31st day of December,2003. As I was appointed in 2015, Is CCS (pension) rule applicable for me ??
If no, its rule 26(I) for forfeiture also does not apply to me? Does that imply I may be eligible for gratuity payment?
Vasudevan
29 September 2021 at 10:09
I am governed by CCS (Pension) Rules, 1971. My disbursement of pension was delayed for 3 years by my office due to their administrative lapses. I have filed for interest and compensation before the Central Administrative Tribunal, Chennai. The case was numbered and posted before the Registrar for completion of pleadings. On the scheduled date, the Registrar has informed that the Respondent has not filed the reply statement and therefore it was pending to place before the Member for further process. Nearly two years to be completed. But the Respondent has not filed the reply statement. My case was not listed for the last six months. How can I request the Tribunal to proceed further and declare Ex-parte for Respondent side. I am appearing as Party In-person Please guide me. Thanks in advance.
Deepak Parmar
25 September 2021 at 19:57
Looking for Labour Lawyers for Drafting HR Policy
Anonymous
23 September 2021 at 02:10
Sir/Madam,
I have been denied promotion though I was 4th in the Seniority list out of 9 and having 1st or 2nd in terms of pre-interview marks. Interview marks consists of 10 marks only. I was having 3 to 4.5 marks more than other candidates. Three candidates who joined one year later to me promoted ahead of me. They become equivalent to me because of the changes in promotion policy from 4 to 3 years over a period of time. Once they got promotion in 2.5 years as well with retrospective effect (Promoted in December but with effect from June in 2.5 years). Candidates who got promotion were 1, 6,7 & 9 in the list out of nine. I already a wrote letter to the management seeking reason for non-promotion. I am working in a PSU (Central Govt undertaking). Kindly guide me on this matter.
Thanks & Regards,
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Regarding permission to appear in competitive exams
Sir,
I am working in department of Posts India and I submitted an application to appear in state government competitive pre exam but department did not take any action on that applications. Further I took permission for mains exam , department has given me permission to appear in mains exam but still not given permission for pre exam. Is there any rule if my department did not take any action on my pre exam application for more than one month, It should be considered as deemed permitted. Please resolve my query asap