skg
03 November 2011 at 13:49
Dear experts,
In a labour case of illegal termination, cross examination stage of workman whose designation is an executive in
management grade is over as management has closed its workman evidence.
During the cross examination stage the management has not challenged any of his evidences (photcopy of documents) but
stated in court that since he has direct access to those documents which he has submitted his designation of an executive is
justified and he is not a workman.
Although the workman has stated that although he was in executive grade but he has done primarily clerical nature of duties
through out his 16 year of service and to give strength to his case and bring the real truth in front of court he has procured
these documents from his working old colleagues since the management in its written statement has denied many truthful
facts which workman has stated in his statement of claim.
Now my question to experts is that
1) since management have not challenged the evidences by closing workman evidence, can it be assumed that management
has accepted their genuinety and will not challenge the evidences later on by saying that original should be produced as they
are the one holding the originals.
2) there are certain evidences which highlight employee welfare schemes under which workman was entitled for some money
which he never got on his full and final amount received during start of court case after 1 year of his termination.Can he
now claim these amounts (for the period before termination) u/s 33C(2) on his own by applying on Form K3 in the same
court/judge on next hearing which will be submission of evidences by management or he has to file a new case with the help
of lawyer and pay him seperate fee for this case also although in his statement of claim he has mentioned that he has not
been paid his full dues that exist before termination under long term employee benefit schemes.
rgds
skg
Raja
02 November 2011 at 11:51
what are the ingredient of revocation of gift?
Surendra Jagga
11 August 2011 at 22:10
Sir,
I am diploma in mechanical engineering, stood 1st in Maharastra state, I have good knowledged of CrPC due to my profession of Investigation.
I want to pursue degree of Law, can I do the same, Pls. guide
C.NOWSHAD
11 August 2011 at 21:07
am for husband.. filed petition for restitution of conjugal rights... husband sending money to the wife and children even before the institution of any legal proceedings and even before receiving any demand notice. wife appears in court and represent before the court that she is living seperately due to the cruelty committed by the husband... but the wife came and stayed along with the husband for a while....
is there any citation/judgement/ruling in favour of the husband..?
if so, pls inform..
Binu
11 August 2011 at 19:44
Sir i am working as a staff Nurse in a private hospital in punjab. I joined here as contract basis of one year. at the time of joining I submitted my all original Academic certificates in the company.in last June my contract period is over and now the company is not returning back my original certificates. they are asking me to deposit RS 25000 to get my certificates back.
Is the company has any right to hold back my certificates after contract period? What I can do for this? Can i move in legal ?
A.Sivasubramanian
11 August 2011 at 19:16
i need a object claude for lorry owners association
raghavendra
11 August 2011 at 18:37
sir,
long KIDB had allotted the land to two persons jointly , for establish a distillary , now that two owners want to sale that granted land , can it possible ?
i want to purchase that land for residential purpose , can it possible ?
owner is saying from industrial purpose it has converted for residential purpose can it possible ?
can i purchase that land ? for construct a house
Mohandoss.R.
11 August 2011 at 14:47
Sir, Gift Deed was cancelled within 8 months and Donor went to court to cancel the Gift. When it was pending in court, Agreement for One piece of Gifted property was signed and Sale Deed for another was registered by Donee. The worth of sold piece was 65000 in 1979 but Buyer cheated 21 year-Lady-Donee by fixing it at 10000 but paid only 5000. Annoyed at this, she gave back the gifted properties in the court. Buyer went to court stating that he was not aware of pending litigation & therefore innocent when he bought. Court believed it and decided in his favour. But, the unregd-Agreement bears the fact of then pending court cases. ONLY When we tried to sell the property in 2005, Buyer came out with a Public Notice that there is an Agreement signed in 1979, meaning that it is still valid even after 26 years and therefore, it can not be bought by anyone-else except he. Despite Lawyer Notice,personal letters, he keeps mum without giving a copy of the Agreement. We want it. If we fear to go to court, as he may say 'it is not now available'. Kindly advise as to how to get the copy or make him produce it in a court. Thanks a LOT Sirs.
kailash
11 August 2011 at 08:22
We have gotten tempoary injunction order in our favor that defendant 1 to 6 will not interfere in our property. But all the defendant 1 to 6, including their lawyer in the case (son-in-law), using a part of our property (bathroom). However, defendants have filed an appeal in the court (upper court) aganist this tempoary order. My questions are:
1. Could police help be taken to restrict them not to interfer in our property?
2. Could contempt of court proceeding be sued aganist them (while pending their appeal), if yes, then under which section/law?
3.
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Epf transfer
Dear sir,
previously i have worked in NHPC Ltd.(Public sector undertaking)since 2004 to June2011.I resigned the corporation and joined IRCON INTERNATIONAL LIMITED(Public Sector Undertaking)in july this year. I want to transfer my EPF money to the present employer, what legal procedure should i adopt.
expecting a fast reply!!
yours sincere
a.k singh