Hi All
Anybody can send me TN Shops & Establishments Act at my email smaktraders@yahoo.com
(or)
prakash.cbe@rediffmail.com
Thanks & Regard
Prakash
sick leaves & casual leaves are mandatory or not on company
Sir,
One of my friend who is working in a qasi Kerala Govt. undertaking in a Managerial post where the Kerala Service Rules (KSR)is made applicable is suffering from ilness of accute back and joint pains due to Osteophytosis and Lumbar Canal stenosis for the last more than 8 years.
He is undergoing medical treatment(both Allopathy&Ayurveda)every year regularly after taking the leave in his credit as well as on loss of pay for nearly 2 Months each.He used to take leave only when it becomes impossible for him to attend any further office duties due to severe pain.There are clear medical records and Laboratory test reports(including scanning report) stating the details of the above illness.
As in previous years he submitted proper application for 2 months medical leave from 10-03-2008 out of the eligible leave in his credit along with proper Medical certificate from the consulting Doctor.He
went for treatment without waiting for the approval of the same by the Managing Director,as it had become impossible for him to attend his official duties any further due to severe pain.
Now it is informed through registered notice from the company that the leave has not been granted and unless rejoined for duties immediately it will be considered as Unauthoried Absence which may attract legal action including termination from the service without further notice.It is also informed by the company that his salary will be withheld for the period of absence even though there is sufficient eligible leave in
his credit.
Now,he is undergoing medical treatment and not in a position to join for duties immediately without completing the treatment.I is therefore requested to kindly provide valued openion as to whether:
1.Prior sanction is a must for availing leave on medical ground or is it sufficient that proper leave application along with medical certificate is submitted?
2.Whether the company is justified to insist for rejoing when one is undergoing treatment and not in a position to join for duty?
3.Whether the company is justified in treating the period of leave as unauthorised absence and withhold eligible salary even though proper
leave application alongwith medical certificate from approved Phusician
is submitted in advance?
4.Whether the company can terminate him from the service on the ground that he has not rejoind for duties after discontinuing the medical treatment?
5.Whether the company can prevent him from rejoing for duties after completion of the treatment on the reason that he has not joined for duties as per the notice from the company?
6.what are the recourses open to him in case the company proceeds to withhold is salary or terminate him from service without any notice?
7.Can any employer deny leave applied by an employee genuinely on medical Ground?
In this context it is to be noted that there are cases in the company itself where leave on medical and other grounds have been granted to certain employees without following any of the basic norms of leave sanctioning even without medical certificate or proper leave application.
I am anticipating a detaild expert openion in this respect at the earliest.
RAMANARAYANAN.G
Hi, all
While disposing of petition for mutation of the respective shares in the property viz agricultural lands, whether the MRO(Thasildar) has got powers to decide the title and extent of shares by altering, modyfying or allottting certain extent of land of one co-owner to other? what is the provision of law which empowers the MRO while deciding the mutation proceedings in Andhrapradesh. Please help me, it is very urgent.
A Dispute between land owner and super structure owner from long years, finally the commissioner of Land Adminsitration was passed a order in favour of us on 1992.
Land vested to government and super structure owner can move to patta.
The Land owner Writ petition filed to Madras High court on 1997 (after five years), case is pending till date. (01.11.2008) In the connections ,We are moving patta during the period from 1992.
Now we are trying patta under TN Free townside vested land patta Scheme.
Our doubt:
1. Writ petition is pending in the case
2. If we are getting patta from government under TN Free vested land scheme, the patta is valuable or not.
3. Writ petition filed after 5 years, the case is stand or not (I think time barred)
My company is in Gurgaon and is governed by Punjab shops and establishment act. It is in the business of engineering consultancy.
I want to know how many sick and casual leave per year an employee should be given as a minimum and are these leaves credited to the employee's account from day one of his joining or we can give it after completion of his probation period.
Reason for asking this question is that an employee left the company after availing 5 casual leave during the second month of employment without giving us a notice.
One pvt Ltd company with about 3000 workers closed during the year 1984. So many cases are pending in High Courts with the mgmt on the first part & state govt. on the other part. So many other cases are proceeding in the Mumbai high court also. Everybody Know there is no chance to open the company again. Actually the company is closed during financial liablities and employee strike.
Cases are running & pending since 1984 ( Around 25 years).
As a poor employee what can I do under this situation for my gratuity and other benefits.I have 17 years service with the company.
When an employee approach a lower or high court at last the judge's judgement will be like this '' the case is already in the consideration of high court''.
In India If you put around 10 cases againist one case nothing will be going to be happen for the next 25 years. is it true.
If a state govt also included in the case then what the employee will do ?
S,K,
Hi,
I have 2 questions, one being on Medical Insurance, the other being on Pay Deductions in the event of excess Sick Leaves.
Our company is not registered under ESI, neither do we provide any medical insurance to our employees. Are we liable to compensate employees for accidents/maternity etc?
Our leave policy state an employee can take 7 Sick Leaves in a year. If an employee is sick for more than 7 days and has a medical report to support his illness, can the company deduct pay for excess leaves?
Thanks,
Divya
I would like to know the Law related to open parking allotment to the flat owners in a newly constructed Building and now formed Co-operative society. Is it Compulsory for the builder to allot one parking per flat.
Indemnity Bond
Hi,
Thanks for such a wonderful forum you started.
I appriciate if you answer my question :
I booked a flat in pune in 2005 and got possession in Dec 2006.
now in Apr 2007, builder is ready to give me completion letter. But he is demanding Rs. 1 Lac for indemnity bond.
I am not sure what is this.
and he did not tell me while purchasing the flat.
Also can you please let me know what is this and who is liable to pay the amount.
Thanks
Kishor