raju
01 August 2015 at 21:33
If regular employee working in Institution services are dismissed/terminated after departmental inquiry where should case be filed. In civil court or Labour court. If after dismissal from services can case be filed in civil court for stay. Please advice.
priyanka naringrekar
11 April 2014 at 19:40
Hi ,
Before asking my query i would like to give detailed background of current situation so that it would be easier to help me in my complicated issue.
WE stay in Mumbai. We have got two flats in same building. B-7 is the old or original flat (1st property) and B-05 is the second flat (2nd property).
My father was secretary in our building and was always a strict and bit stubborn person about following rules.(CHS bye laws)however there were people who never liked his approach and was his strong opponent.They all gathered together and literally snatched away all documents from him in one of the committee meeting stating that he is dominator and hence they don't want him to continue .this incident happened in the year 2001 about in the month mid of jun-july.( i don't remember exact date and month)within couple of days my father returned all the society documents (like copy of bills etc) rest all documents were in society office.
Thus ,there was no proper handover of documents and no audit done for the balancesheet before taking handover.
In the year 2002 we bought another flat i.e b-05 in same society. We paid Transfer fee ,did all legal procedure etc. however Mr.venu(secretary) refused to transfer that flat in the name of my mother.He gave false reason that my father has not handed over all documents pertaining to society.(basically mr.venu wanted to trouble us)My father approached grahak court to challenge this act of secretory. Meanwhile my father stopped payment of society maintenance for B-05.( he was mere angry that even after paying the transfer fee society kept the flat in the name of old owner and they were not ready to give us NOC to rent that flat) later on Mr.Venu undertook Major repair work in society without doing structural audit (which is required and without signing indemnity bond for undertaking such a huge project in the year 2003.)My father opposed this decision of mr.Venu.however majority of society member's were least bothered about it and they agreed to spend that much money.( even after that work our society condition is still worst,because the work done was without doing proper study and measurement) till then B-05 was not transferred. In anger my father declared that he will not pay the maintenance for both the flats (i.e b-07 and b-05)in the year 2003.
In the year 2011, we won the case against society and judge order them that they should immediately transfer the flat on my mothers name. Society was penalized with a penalty of Rs.1000 and it was stated that if society makes any delay in transferring this flat ownership they must be penalized Rs.100 on every month.
Here i would like to mention that in the year 2011 there was a new secretary Mr.Pandey in our society.
we submitted our courts order with secretory and gave them written application to transfer the flat and pay us penalty of Rs.1000 as per courts order. however Mr.Pandey refused to transfer that flat and forced us to make the payment of dues first.He was least bothered about courts order. We even suggested committee that we will make the payment vis DD and on the same day committee should sign transfer paper and transfer that share certificate on my mothers name. This was a fair deal. However committee refused this suggestion too and forced us to make the payment first. Eventually we agreed to their force( my mother was not keeping well those days and we did not have time to fight with them)We made the payment and then after a months time they transferred that flat.(i.e in the month of dec)
Society charged us Rs,3,03,000 as maintenance+penalty@18% for B-05.
Here i would like to mention that till date Mr.Paney has not given me breakup of Rs.3,03,000. In-spite of repeated requests and written application
Mr.Pandey along with other committee members gave us oral promise that they will calculate exact penalty amount and dues for B-05 within couple of months(in the year 2011) and later on they will let us know dues for B-07 and if there is any additional amount taken by society in case of b-05 they will adjust against the dues of B-07 and then whatever amount is remaining as maintenance dues for B-07 we will have to pay. WE agreed to this proposal.
In the year 2012 my mother detected with cancer and we could not follow up with them about the breakup of dues for both b-07 and b-05.Dec,2012 my mother passed away. 2013 we were not mentally stable specially my father.
Now in the year 2014 Mr.Pandey again approached us and insisted to pay Rs.1,40,144 as final amount against the due of B-07. WE asked him about breakup but he said that he will sit together and will look into the accounts once we make the payment of Rs.1,40,144 and according to him this would be the final amount.
We made a mistake here we trusted his sweet words and assurance. We made the payment in the month if Jan,2014. however even after payment we did not get any clearance certificate from society and committee did not post on notice board that they have received payment from us. we approached them and then our Treasurer Mr.Bolard said that this is a part payment i,e this was a dues against repair fund and not maintenance. (Repair work was done in the year 2003 and our contribution for that work was Rs.50655) He said this is interest and amount for Repair fund only. WE were in state of shock. On top of that Committee informed us that we need to pay Rs.91,000 in addition for maintenance. I am clueless about their accounting and shocked that why Mr.Bolard did not utter a single word when we were paying A Cheque in front of him in society's favor.
Till date they have not issued any Receipt of payment For my records i only have acknowledgement.
We feel cheated .
Till date
1.We have not received Rs.1000 and Rs. 300 penalty from society( i mention 300 because order came in the first week of Sep,2011 society had 6 week to obey but they transferred in the last week of Dec,2011)
2.We have not received proper copy of bills for both B-07 and B-05 .When asked them they said they do not have old records. and they just claimed that amount based on previous balancesheet( i.e Balancesheet prepared by Mr.Venu)
3.I asked them to show me bank statement of society for the payment i made in the past so that i can calculate actual dues for B-05 and B-07. they refused to give me that details too.
4.When i checked my current bill details i can see that they are charging parking charges for both the flats. however i don't have any vehicle to park. when i asked them about it they said we will look into it but for now they just asked me to write a letter to them
4.This made my doubt more strong that society has charged many things wrongly in our maintenance bill.and has also charged interest on that amount
I am emotionally and financilay in trouble i have taken person loan of Rs.1,40,144 to pay and now they are asking for more money.
When i pleaded them to give me breakup they said i must make the payment first and then they will put this matter in AGM and then it will be decided about dues .
I tried talking to other member's but majority of members are least bothered and they don't even attend meetings.
I have given written request via registered Ad to Secretary too but not yet received any reply from them.
Apologies if i mentioned any irrelevant details or i missed on any legal information i wanted to share my agony
Please help me in this situation, if you need more clarification please let me know but please help me to get out of this problem.
Thanks for reading it.
Satish Purushotham
11 April 2014 at 18:11
My mother expired in the year 2001,totally they were five sisters and one younger brother.My mother's father expired in the year 1995.We are two sons and daughter for my mother.My mother's younger brother enjoying the entire property earned by her father,without giving any share to his late sisters heirs .We being the heirs his late sister,entitled a share in the above property?
BEENA SINGH
11 April 2014 at 11:58
Hi...
Have to dissolve Private Trust but the settlor is expired so how to dissolve there is no power of attorney holder of such settlor...
Shall I attach the death certificate or any other option.
Rajeshmohan
11 April 2014 at 10:39
Sir, I have paid the entire sale consideration of the Agricultural Lands to the Owner during June, 2008. He entered with un-registered Sale Agreement and on receipt of the entire amount Affidavit signed acknowledging the entire amount and also confirmed not to deal with the property and keep me indemnified. GPA was registered in my Son's favour for registration of the Sale Deed at my discretion and mentioned about GPA in the Affidavit and Sale Agreement also. All the relevant Original Title Deeds and Possession was given to me. Due to some unforeseen circumstances and below reasons, the Sale Deed is not registered till date. The Owner issued a letter on 13-1-2012 with his intention to retain these lands and ready to negotiate the present offer, because he applied for approval of his project including these lands in his application without my knowledge. On 23-7-2013 he transferred voluntarily a token advance to my account without my knowledge. Having he sent the token advance without my consent/negotiation, I have returned this money vide my cheque which he is not presented till date. All of a sudden I found that the Owner cancelled the GPA by revocation deed and transferred the property in his company name without intimating me. I understood that he cancelled in view of the Sale Agreement is barred by limitation. But When I have paid the entire consideration and performed my contract and obtained the GPA in favour of my son and perhaps when the GPA is coupled with interest, can he cancel the GPA and sell the property to somebody. I have paid more than 5 crores towards agreed full consideration.
What is the remedy and how to take action against him.
shailesh pandey
11 April 2014 at 09:22
DEAR SIRS,
KINDLY ADVICE WHETHER 30 P.L. WHICH IS BEING GIVEN TO STAFF CAN BE STOPPED I.E. ELIMINATED ? / WITHDRAW . AS PER FACTORY Act MINIMUM 1 DAY FOR 20 DAYS IS MANDATORY.30 DAYS CAN BE REDUCED TO AS PER ACT.
AS FAR CL IS CONCERNED THERE IS NO CLEAR CUT MENTIONED HOW MANY CL IS ALLOWED IN THE STANDING ORDERS .
WE NEED SPECIFIC ANSWER.
REGARDS
SHAILESH PANDEY
Reshma
28 March 2014 at 12:53
Hi,
1. Want to if the Industrial employment Standing Orders have been made compulsory to software/pvt co/commercial establishments in Karnataka. In 2012/13, there was proposal to remove exemption granted since 1999? Please clarify.
2. Some pvt companies/software companies have Service Rules. What is the legal sanctity of this. Is it the same as IE(SO). Should they be certified. If the company just has Service Rules and makes employees sign them, what is the legal effect of that. Appreciate if you can clarify these two questions in detail.
Vasant
21 March 2014 at 12:04
Hello All,
I am having 6 sisters (5 elder &1 younger) and 1 elder brother. We own an ancestral property of 32 acres in total. All my sister are born before 1956 and married before 1977 (excluding 1 elder sister who is unmarried). After the death of my father in 1977, all lands were registered jointly to me and my elder brother. Now, my sisters are asking the share in it. Please let me know about the succession Act 1990 and amendment made in 2005 in my case. Please do remember that we are natives of Karnataka as I can see in other blogs that there are different law is implemented for different states. Help me to solve the issue.
Vasudevan
11 March 2014 at 12:56
I was suspended for 9 months. My headquarter was changed during suspension period. I have not reported in the new headqurter due to personal problems and requested for change of headquarter at my choice which permissible. The Competent Authority has not passed any orders on my request for change of HQ but enhanced my subsistence allowance to 75%. Finally revoked the suspension without any order on the request for change of HQ. However, my employer has not paid subsistence allownce under the cloud that I had not reported at the changed HQ. Please advise. CAT application rejected. I want to filed before High Court, Chennai. Interested Advocate femiliar with Central Government Rules may write to vasuvenkat61@yahoo.in
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Labour & service law / statuarory backing to employees
Organisation : Pvt Ltd Company
As per appointment letter ,Confirmation need to be done after Six Month but even after two year neither Company issue letter for Extension of probation period nor Confirmation is done just to avoid Leave Benefits and other Benefits to Employee
Mediclaim Policy/ Facility is not provided to Employee ,
Salary is paid after two months ( For Example October Salary is paid in December ( Even December there is no fixed Date)
Incentives as mentioned in Appointment letter is not paid to Employee
Do not have practice to make complete payment to employee on leaving of the organization . Still Company owner insist employees to complete his/her Notice period as per appointment letter and does not get ready to buy back Notice Period when employee request . When organization retrench employee then also don’t give notice pay , If employee ask and complaint to Labour Dept, they send legal notice to employee like “due to his / her activity Company lose so much amount etc and employee get feared and dare not to claim his / her amount to avoid litigation” And this is the practice of the Organisation
My Query
1. Whether there is any statuatory rules/ Regulation for job confirmation , Medical Benefits and salary
date and incentive payment as per Labour and Service Law
2. What precaution employee should take while leaving such organization to avoid loss of Salary of around
two months etc
3 As employee was on probation upto 2 years so whether any statuatory backing is available not to
complete notice period