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Palak Lotiya   09 June 2010 at 15:08

Laws for workers of religious and charitable institutions

I would like to know as to which wage act applies to workers of religious and charitable institutions in uttar pradesh registered under the societies act 1860. As also whether these workers are entitled to benefits under the pf and esi act. If possible please also throw some light as regards their working hours.

Thanks and Regards,
Palak

ganesh   09 June 2010 at 10:54

Termination of my employement

I am working with M. R. Morarka-GDC Rural Research foundation as a assistant manager. it is registered under the Mumbai Public Trust Act,1950, Registration No e-13255 @ FCRA Registration no 125620002.

In December my boss sent me on tour while returning from tour i got an accident. I got a fracture in my elbow. for that i have to got for operation and i took two month rest for post operation recovery and physiotherapy. My organization didn't pay salary for that period.after joining i submitted my bills to hr department.The organization didn't pay me any claim, any reimbursement and any payment for the period when i was on rest for post operation recovery...after that my organization transfered me another place. I did my job there. Now I needed another operation to remove steel accessories fitted in my elbow.On 1st June,2010 , I applied for leave for the same operation by email. At the same day my senior asked me verbal to hand over the document which i was having.i gave them all documents. for next four day i was not assigned any job..On morning of 4th June I was asked by mail to go to HR department.I meet HR on 5th June.2010. My HR manager asked me that we don't need you please don't come from tomorrow to the office. he didn't gave me anything in written..........

I am working with a NGO.......My HR manager said me that we don't come under workman compensation act. One more thing as the company has asked to not come to job from tomorrow.....But i have go under operation in this month am i also entitled for reimbursement of that that medical expenses also...i more thin i want to ask am i also entitled for compensation for disability due to this accident........not my elbow don’t function properly.......
Now what should I do?? I have three issue........my medical reimbursement......my salary for the rest period( 2 month) due to medically unfit.

But they are doing commercial activities under the name of Morarka Organic Food Pvt Limited, by the name same employee when ever they need they change the STAMP. The designations are same........ They are doing a lot of irregularities.

B@75BHAIBABU   09 June 2010 at 06:31

what to say in court in defence

thankyou devojyoti ji raj ji and ajitabh ji for rendering help.we are preparing for anticipatory bail in response to 498 a case being filed by my wife.as far as i remember the filthy words that i uttered was to get out of my house to her parents as they launched attack on character of my mother.and on few ocassions while quarreling with my wife said that her father is a ass and it was she who has bad character, not my mother.they have recorded it and it was all preplanned as after provoking me they were recording it.i have in my support all relatives who had heard their provoking words against my mother and sister.they may try to show that i have mentally tortured her.how can i counter it.she has sent a derogatory sms to me regarding my sister.i have given her 1.5 lakh by account transfer.they started recording after i filed divorce suit on 16/3/2010.and filed 498a on 30/5/2010.she is a psychiatric patient and i have prescription of that.i had sent sms to her in which ihad written that since i want divorce she may take her almirah and dressing table from my house.only negetive point is that out of anger iabused her and her parents and said that she had bad character.sir,what counter steps should i take regarding recording.shal i straightforward deny that its not my voice or say that it has been tampered.or say that ihave said out of provocation..please suggest me.
bratin
earlier posting 7 june


PRAKASHCHANDRA MARU   08 June 2010 at 22:52

bhopal gas judgement

helllo all learned experts
i want the judgement of bhopal gas tragedy if possible pls send by mail pdmarulawyer@gmail.com
regards

P.Balasubramaniam   08 June 2010 at 17:12

Purchase of property

Dear Sirs,

One of my client intented to purchase two different properties. When I scrutinising the documents, I have got some clarifications.

a. First item of property and its larger extent was purchased by one Ramasamy during the year 1965. He settled the portion of the property to his Minor son Ramesh through his junior wife Latha in the year 1976. The settlor gives only life interest to his junior wife and his minor son, the absolute right goes to the male legal heirs (Grand sons of the Ramasamy) of his minor son Ramesh. The settlor Ramasamy died in the year 1978. His son Ramesh died in the year 1987 as unmarried. The said Ramesh got four married sisters. His mother Latha filed a suit against the Tahsildar, to declare that she is the only legal heir. The suit is decreed as prayed for in the year 2008. The said Latha sold the said property in favour of the present owner. Further the said Latha died in the year 2009. My clarification is that both the Mother and Son have got only life interest, then how she sold the property without obtaining signatures from the other legal heirs of the settlor. Is it valid sale transaction. I request the learned seniors advocates to guide me in this matter with suitable case laws.

b. Likewise, the second item of property and its larger extent was purchased by one Murugan during the year 1975. He died intestate in the year 1979 leaving behind his senior wife, junior wife, 2 sons and 2 daughters through his senior wife, 1 sons and 3 daughters through his junior wife. The said legal heirs partitioned their properties during the year 1983. Under the said partition F Schedule property was allotted to his Junior wife and her son for their life interest and their life time the property shall be goes his (son's) male heirs. The said died in the year 1987 as unmarried leaving behind his mother as his Class I legal representative. His mother filed a suit against the Tahsildar, to declare that she is the only legal heir. The suit is decreed as prayed for in the year 2007 and his mother sold the said property in favour of the present owner. Further she died in the year 2008. My clarification is that both the Mother and Son have got only life interest, then how she sold the pproperty. Is it valid sale transaction. I request the learned seniors advocates to guide me in this matter with case laws.

With Regards,
P.Balasubramaniam

nanda sequeira   08 June 2010 at 11:54

soeity transfer

Can housing society tranfer the Shop Purchase by the 1st owner in Oct, 2009 sold on April, 2010 immediately

Anonymous   08 June 2010 at 07:45

interpretation of section 74 of information technology Act.

dear ,
sirs,

iam having difficulty in interpreting section 74 of Information Technology Act,moreover can this section be imposed for charging a person accused of sending a threat email to an individual.


regards.

Sanjay Kumar Choudhary   07 June 2010 at 18:28

legal notice to developer / builder

I had purchased an apartment in a development in Goa. The project had 2 phases and my property was in phase 2. The developer scrapped the phase 2 without any consent of investors and currently developing phase 1. They did not officially informed us to offer the unit in phase 1 as substitute however on enquiry i was offered unit in phase 1. The same is not acceptable to me and i asked for cancellation of my booking and refund of my money. I have paid so far 90% of the cost of apartment. The developer is not paying me the refund despite several follow up and reminders giving several excuses and delay tactics. As per the registered sale purchase agreement, the developer has cleverly put a clause that he can change/relocated the apartments and refund claimed by any investor, if any, will be the discretion of developer.

I want to serve a legal notice / as well as file a police complain for fraud against developer. Please advise how to go forward. Also forward me a draft of legal notice which can be served to developer.

Ram P Saraswat   07 June 2010 at 12:53

LLB through Correspondence

Good morning Sir, I am Ram Saraswat from Mumbai, I am Bcom (10+2+2) from university of North Bengal in1988. Now I want to do LLB through correspondence. Is it Annamalai or from IGNOU ? which of them are approved by Bar Council of India? pl. help...! (I am working as Manager- accounts & Finance at present in mumbai) Thanks in advance. Ram Saraswat p_ramprasad123@yahoo.co.in 9833697780

PRATEEK GOYAL   05 June 2010 at 15:35

BUSINESS AUXILLARY OR BUSINESS SUPPORT

Whether loan documentation and evaluation services provided by DSA/DMA of Banks falls under BAS or it falls under BSS. Also whether these services would not get benefit of basic exemption under notification 6/2005, being branded service. A quick response from Experts is eagerly awaited.

Also please quote the relevant citation, if any, on this matter.

Thanks in advance.