g isaac
11 August 2019 at 16:58
A minimum of 20 employees in the role in the prededing 12 months is stipulated as per the conferment of permanent status Act 1981.A cooperative bank had a strength of 22 employees at its role in the year 1983 and now the number had fallen to 15. Whether the act could be enforced now in respect of this bank/
P.ESAKKIMUTHU
10 July 2017 at 12:09
Whether income tax is chargeable for lumpsum Chit fund amount taken in auction for periodical monthly payments already paid and payable.if so to what extent
P.ESAKKIMUTHU
21 March 2017 at 20:45
I got an order of termination set aside by the Authority under TNSE Act,1947.No question of reinstatement/backwages is mentioned in the order as the Authority can only set aside the termination order. Whether Sec 15 of Payment of Wages Act can be availed of to get the benefit of back wages from the date of termination to the date of striking of the termination order. If so some citation must be furnished.
P.ESAKKIMUTHU
14 January 2017 at 19:57
The worker Smt Janaki died after retirement without getting the benefit of gratuity from the employer. Her Husband Sri Gurusamy filed an application before the authority under payment of gratuity Act, as legal heir of deceased workman. During the pendency of the case, Sri Gurusamy also died. The legal heirs of Smt Janaki and Gurusamy are all same, being their sons and daughters. Kindly advise whether impleading petition by the legal heirs of Gurusamy & Janaki are maintainable to claim gratuity payable to Janaki. In the original application for gratuity Gurusamy alone is the applicant and no legal heirs are arrayed as applicants.
P.ESAKKIMUTHU
13 May 2016 at 12:23
Sub sec (d) of sec 2 of Employees Compensation Act,1923 states who are the dependants of the deceased employee. Under clause (iii),certain category of persons are stated as dependants. Kindly inform any amendments in sec 2 especially in clause d(iii) after the year 1995
P.ESAKKIMUTHU
12 May 2016 at 22:20
Sub sec d of sec 2 of Employees Compensation Act,1923 states who are the dependants of the deceased employee.Under clause (iii),certain category of persons are stated as dependants.My doubt is as under.In a given case where the woman employee died left no child and husband also predeceased.The parents of the husband/brothers and sisters of deceased husband are no more. The Tahsildar has given a II class legal heir certificate in favour of sons/daughters of brother of the deceased women where the brother of deceased woman already expired. Further, the deceased woman employee was living with the son of the deceased brother of her during the time when the accident occurred Whether as per the definition of dependants in Sub sec d of sec 2 of Employees Compensation Act,1923, the legal heirs can be considered as dependants of the deceased woman employee. If so the relevant decision/amendment may be furnished
P.ESAKKIMUTHU
09 January 2016 at 21:47
Our Labour Court at Tirunelveli(TN) is publishing the award of industrial disputes in its website and the fulltext of the award is available for print.This print copy with required court fee stamp is not accepted by the Labour Court when Claim Petition or Execution Petition is filed with the print out copy of the judgement.The Labour Court insists certified True copy or zerox copy of the certified true copy with court fee stamp affixed thereon. Kindly advise the correct position
P.ESAKKIMUTHU
10 November 2015 at 22:36
In a case of alleged misconduct of absence from duty from a particular date, the daily rated workman was terminated without any enquiry. In the Labour Court no evidence was let in on the side of workman as it is an admitted fact of termination for absence without any enquiry . The Labour Court among other things held that non examination of workman in the witness box is not correct and hence dismiss the case against the workman. I am gong to file a writ in the High Court.Before that i want to know from experts that is it necessary to examine the workman as witness for his termination without enquiry.Is it the findings of the Labour Court correct that non examination of witness is incorrect to prove his case of termination
P.ESAKKIMUTHU
06 March 2015 at 19:50
a workman was dismissed in the year 2008 and his case of termination is taken before Labour Court u/s 2(A)(3) of Industrial Dispute Act,1947. The Labour Court returned the case papers stating 3 years period mentioned in the section was already over as on date.My contention is termination done after 15.9. 2010(date of coming into force of Sec 3(A)(3) of ID Act is covered under this section and case of termination done prior to 2010 even though 3 years time is over as on date does not fall under Sec 2(A)(3) of ID Act. . The Labour judge accepted that though this section is not a bar for filing cases of termination prior to 15.9.2010 but he insisted that 3 years period as on today is over and hence the case can not be numbered.Kindly clarify the correct position with regard to the operation of this section especially 3 years period to be counted as on 15.9.2010 or not
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Interim stay
HC grants interim stay against order of transfer in a nain petition challenging transfer order.Later the main petition is dismissed.whether the petitioner is entitled for wages for the period of interim stay