Anonymous
05 November 2019 at 06:12
An honest employee of a nationalised bank was illegally implicated in a criminal case by the management , in violation of bank's guidelines, CVC guidelines and Supreme Court guidelines, who was finally acquitted after a long trial in the case.
After acquittal he submitted his request for reimbursement of expenses incurred to defend the case and retrospective promotions,with payment of arrears but the bank refused to reimburse on the ground that there is no policy for such reimbursement and did not reply for his retrospective promotion request and arrears.
If the employee files a writ in the high court,
1. does he need to mention the exact amount of claims of arrears for retrospective promotion or without mentioning the amount will be accepted by the court
2. Does it require payment of court fee for the reimbursement of expenses, arrears of retrospective promotions and compensation (if claimed) for harassment by management by illegally implicating him in a criminal case. If so, what would be the court fee.
Neeraj Jha
03 November 2019 at 09:16
Dear Experts,
I am employee of Bechtel a American MNC, there were 3000 people working in company in 2017, now after cutting now 1500 people are working there.
Companies top Managers found crupt and they fired from company immideatly from US office after this episode company continuously cut off the strength in Indian office.
Majorly people have been fired out and some were sent on leaves (without pay if no leaves in account) I am one of them are on leaves.
People are not agree to fight with company in this matter because all afraid for their leave's money and salaries and for bad impression on their career.
But I am against to company and want to take a step on this wrong. I am agree if my money will struck for 1 to 2 years too but I want to teach this company a lesson. Because I worked in this company on a special customised work and the similar work experience job is rarely found in the market, since they spoiled my career after continues working in the company for 10 years.
Now I have debt (Home loan) and company without thinking from my side took the decision.
Problem is not that they sent me on leave problem is they are hiring few people for other department and not giving me chance for that instead and also giving the increments to rest of people still working in company.
Company doesn't have moral values, no emotions, no faithful they think only for profit
Please guide me I am not getting any similar job in the market because the work I done in the company was very rare. And I never thought this would happen. Now I am helpless
RAHUL AGGARWAL
26 October 2019 at 21:10
Dear Experts.
My question is that when one gets reinstated back in to the services of bank he can not be relieved unless he submits fresh resignation on or after reinstatement . Previous offer to resign or resignation etc are of no value and can not be acted upon at all as on reinstatement all such letters becomes null and void.
please advise and provide some case laws if possible .
thanks
Rahul
RAHUL AGGARWAL
26 October 2019 at 21:00
Dear Experts,
My query is that when an officer on review gets the orders of Disc. authority and Appl authority Set aside and was reinstated back in to the services of bank. Whether bank action of reliving him immediately on the date of his joining duties on reinstatement is legal or not. Bank relieved him on resignation which was rejected in writing
As per normal laws on reinstatement officers steps back in the position at which he was before compulsory retirement orders that were set aside afterwards.On reinstatement resignations if any submitted before reinstatement becomes null and void and can not be acted upon at all.
According to me officer has the right to claim all consequential benefits with wages from the date of reinstatement till superannuation .
Please advise.
thanks.
R aggarwal
Suraj
22 October 2019 at 17:23
Hi Expert,
Please advise us as my wife requested for transfer based on spouse ground in SBI.
Its being one year now but still no action taken for her request. We have 2 year child and its really difficult to manage
such professional life.
I am working in private sector IT company. As we meet all major senior members and union members but no positive output from them.
Is there any legal action we can take based on GR F.No.4/9/1/2014-IR. Please advice how can we take legal action against violating such law.
Regards,
Suraj
Kasturi S
22 October 2019 at 15:44
I am a retired officer of a Nationalized bank. I was given Compulsory Retirement during September 2016. Despite my several requests the bank delayed in settling my Retirement dues. Due to this, the loans availed by me has become NPA from January 2017. The Bank issued a SARFAESI notice u/s 13(2) during January 2018 but did not proceed further.
The bank settled my PF and Gratuity during April 2018. This amount was fully utilized towards my loan liabilities like Car Loan, Personal Loan, Computer loan and the balance amount towards Housing loan, thereby regularizing it.
The Bank did not settle my Pension and Leave Encashment. The housing loan again became NPA during August 2018 and the bank issued SARFAESI notice u/s 13(2) but stopped further actions . I had written to the bank that once these retirement dues are released I will arrange to close the loan by disposing off the property. I had also informed the bank that as I do not have any independent source of income I am unable to pay monthly instalments.
On 31st July 2019 the bank once again issued one more SARFAESI notice u/s 13(2). Meanwhile, I received a letter from Pension department on 21st August 2019 stating that I am eligible for payment of Compulsory Retirement pension. The copy of this letter was also sent to the Regional office of the bank with an intention that further proceedings under SARFAESI will be stalled. I am due to receive terminal benefits of about 13 lakhs and the housing loan o/s balance is about 19 lakhs..
The Bank instead of waiting for release of Leave encashment, Pension, Arrears and commutation, went ahead with SARFAESI action and issued Possession notice under Sec 13(4) of the Act. This notice was published in Times of India and a local news paper having wide circulation on 14th October 2019.
I feel that the Bank has with malicious intentions tarnished my image and integrity before the public at large. My reputation has suffered harm. Please advise can I file a defamation case against the Bank and claim damages.
Anonymous
19 October 2019 at 20:07
After how much time we can mention cases in high courts.After admission done
Naresh
18 October 2019 at 12:22
Sir,
On which basis disproportionate income case apply,if someone living in a joint family and having having total income till date is Rs.25.00 lacs having service period of 4-5 yrs and total saving with him is Rs.18-19 lacs which also includes some cash given from parent then will this be treated as disproportionate income, confuse about the concept pls guide regarding this.
Shankar Balasaheb Dhumal
15 October 2019 at 13:18
Dear sir/ Madam In one company their HR Team has make telephonic discussion with worker. In their discussion company management demanding workers resignation till -----------------Date. , workers are ready to give their resignation under following condition. 1. Required to receive their all pending salary till last working date. 2. Required to receive their Next three-month salary in advance. 3. Required to receive their total Full & Final Settlement with their deducted LTA , & gratuity, all statutory dues like PF & Form No. 16A of Fy. 2019-20. 4. Required to receive all demand in one time settlement with experience certificate & relieving Letter.
My Query is Can workers get next three months advance salary after date of their resignation / last working day.
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Completed my master degree while being in a job
In the year 2014 I started my MA(Regular) and just after the completion of 1st year (2 semesters), I got selected in LIC as a Development Officer in 2015. After that while working in LIC, I also completed my remaining 2 semesters (till 2016). For that I asked the permission from my BM in written application and he granted the permission at both the time of my 3rd and 4th semester . But I didn't take any copy of the application at that time. Then I resigned form LIC in 2017 March.
Now, this year (2019), I got selected in Public Sector Bank in a post on the basis of that MA degree. Now the question is that, will this create any kind of problem in the future as I completed my MA while I was in job?
As somewhere I heard that we cannot do any regular course along with any job..Please help me .. I m really worried about this... because at present I don't have any proof that I was allowed to appear in the examination from LIC...
(From College side everything is clear. I have got my all Mark Sheets and Degree mentioning that I was a regular student of the college....and my college was in my home town and my workplace was 250 km away from my hometown)