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Queries Participated

Anonymous   20 January 2011 at 11:00

Wc act

Hello, i am newly appointed as a Law officer in a company.One case is pending in which a contract labour met with an accident and got 30% total permanent disability( Lost 3 fingers) in Jan 2010 after that my company hr admitted him in the hospital and beard the hospital expenditure of Rs.1,65,000/- and he demanded for the security of the child so some policy has been purchased of Rs.50,000/- by his sons name. and paid 6 months salary while he was not working. he joined and worked for 5 months then suddenly he started demanding 5 lack rupees as compensation.

Formalities done by the Company:-
1) First aid is given admitted in hospital
2) Informed factory inspector after on month but after his visit. no statement is taken of the labour by inspector he made the report accordingly.

My question:-
1) My company want to settle this matter but not with the interference of the commissioner.otherwise penalty will be awarded.or how to settle this matter
2) i know that we cannot set off the amount we did as an expenditure of hospital to the labour as per section 9 from but how we can recover the money if we have to pay WC money saperately.
3) as per my calculation the total amount that company should pay is 2,85,916/-,



(Method of calculating monthly wages as per Section.5(c) of W.C.Act,1923
1)Method of calculating wages:-

Total wages earned in respect of
The last continues period X 30 Number of days comprising such period.
Therefore:-
28802 X 30
192
= 4500.3125
Amount of compensation to be paid:- 30% of the monthly wages x Relevant factor
( As per section.4(1)(c) of WC Act.)
Wages are calculated in the following manner .
Therefore:-
1350 X 211.79
=2,85,916/-)
4) Any other suggession please give

Please suggest how to settel this matter it is very very urgent.

ABHINAV JAIN   19 January 2011 at 22:57

SARFAESI Act,2002

Is there any particular format for moving application to the collector/D.M. under sec.14 of the SARFAESI act,2002.

Ritesh   21 December 2010 at 12:21

Am I eligible for gratuity

Hi.

I worked in an organization from 25 July 2005 to 14 May 2010. Am I eligible for gratuity.
According to Madras High Court Judgement, If a person works for organization for 4 years and 240 days, he is eligible for gratuity.

Currently, I am with another organization.


Anonymous   17 December 2010 at 19:50

payment by cheque

I want to purchase a property for which I want to make an advance payment of one lakh rupees. but the seller does not have a bank account. His son has a bank account. the draft of agreement of sale is ready. can i make the payment by cheque to the seller's son. or should I give cash and take a receipt from the seller. according to income tax laws, what is the threshold for making cash payments? Thnaks in advance.

anand   17 December 2010 at 19:46

condonation of delay

Sir
That, the defendant had filed a case in Hon able High Court,[RFA] that the lower court had passed the wrong judgement and preliminary decree.

Sir I want to know that
1)There this 5days delay of condontion and 2)The appellant/defendant had already filed [RA] in the District Court .
3) Appellant attached the Medical certificate for delay of condonation.

Plz solve my problem that the case admitted or not

Anonymous   17 December 2010 at 19:17

Threats from In laws to use 498/mental cruelty.

My spouse has left home threatening 498 etc after 5 years of marriage,if i do not leave my parents to live separately
with her.
she has already taken the money contributed towards the joint flat.Her family is threatening to go against my married sister and my elderly father who is a senior citizen. We have no issue from the marriage.
I want to stand guard for my family as they have already been left traumatised.
They called and slyly took my sister's address who lives in Noida with her husnband & in-laws and accused her of the break up. Threatened her of dire consequences.

Please suggest a good divorce lawyer in Delhi, i know my estranged spouse have hired the services of a HOGH COURT LAWYER.
What could be the possible out come if she does what she threatened.
what kind of approach shall we take to solve the matter and avoid any untoward hiccups or harm to my family.

Thanks & regards
Manish Sinha
msinha@metlife.com

My contact No : 9953105638,
Father's : 9999835440

Anonymous   17 December 2010 at 15:35

limitation

dear sir
civil suit me 30 din ke baad jawab ke liye 60 din ka time milta hai. isme cilivwecation ke din alag se gine jate hai ya nahi kya court cilivwecation ke dino ko countinues gin sakta hai ?

Rohit   17 December 2010 at 15:34

superannuation and gratuity fund

HI All,



plz let me know the benefits and implication of forming a trust. How it is formed and where it is registered. what and upto what extent Company forming the trust is reponsible in the wake of the fact that trust is a seperate entity altogether and who is answerable for trust works



plz substantiate your views with applicable laws also



waiting to hear from all of you



thanks

raghavendra   17 December 2010 at 15:24

mantainance

sir,
one of my friend working in advocate office as an office boy , he may get 1500 salary per month , he filed divorce case against his wife ,she is claiming 10000/- mantainance , in mediation she admitted she is working in garment , in objection statement he stated i am am earning only 1500 which not even enough to mantain myself and i have takecare my mother also,and he stated ,when she is earning ,court may order to pay matainance to me,

what may be the oreder ?
if court order to pay mantainance ,what is next ,
if i am not complied the order is there any provision to send me jail

Anonymous   17 December 2010 at 14:46

OFFER OF APPOINTMENT- CANCELLATION

CAN OFFER OF APPOINTMENT TO A GOVT SERVANT FOR A HIGHER POST IN THE SAME DEPARTMENT (WHICH IS ACHIEVED THROUGH DIFFERENT EXAMINATION IN WHICH C.O. IS THE SINGLE CANDIDATE TO COMPETE ON ALL INDIA LEVEL) CAN BE CAN CANCELED ON THE BASIS OF CHARGE SHEET ONLY? LATER ON C.O. IS EXONERATED IN THE DEPARTMENTAL PROCEEDING & SERVED A DISAGREEMENT MEMO. IT'S TRUE EXAM WAS HELD FOR 6 SEATS BUT ONLY 1 CANDIDATE WAS SELECTED.