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Balaram   23 September 2008 at 16:40

Why should we pay bonus,gratuity, leaves, notice pay to daily wage workers.

Dear Mr. Harbhajan.
I have come across one issue. We have a branch in Neiveli ( chennai)where we are working for BHEL company. We have hired 25 workers on daily wage and 2 on monthly. Those who are on daily wages are under Neiveli labour License purview.
Now some workers are doing some agitations. But our representative who is on monthly rolls insisting on unofficial negotiations for Full and Final Settlements as we wanted to remove 4 daily wage workers.
Here important issue that even though they are under daily wage, we are paying monthly once in to their bank accounts (no. of days worked * daily wage)..hence it is not a salary but a wage.

Now, it seems local trade union met chennai asst labour commissioner and unauthorizedly made the following issues to follow if we need to remove. Here I have a doubt..whether are they really come under law ? or simply that Labour Commissioner supporting these union ?
Can we oppose this ?

Those points are :
1. we should pay 20 days' leave wages for every 240 days completed.

2. We should pay 15 days pay for every 240 days completed. ( might be gratuity).

3. We should pay Conveyance allowance of Rs. 200 every month for the service they have completed.

4. We should give either one month notice or pay 26 days notice pay amount now itself.

Here we can assume that they have joined on 1.12.06 and working till now.

I have a doubt, if these are daily labour why should we pay bonus, gratuity, leaves salary, conveyance ( no law), and notice pay..?
How to go for argument with that Chennai Labour Commissioner in this regard and how can we support this ?

Adv.Shine Thomas   23 September 2008 at 16:00

Narcoanalysis...a self-defence?

Is narcoanalysis a self-defence?

Gopinath   23 September 2008 at 10:37

Construction Contract

This is regarding a dispute between the Owner and the Builder.
As per the agreement between the owner and the builder we should pay what was entered as sqt rate. But the builders agreement did not list about charging for Lift charges for the construction of property in the agreement no where or a disclousre. But now he says that is exculding the charges which we are suppose to pay irrespective of whether it is in agreement or not.
Please let me know what would be the final consequence if he is filling a case against us for not paying for the lifting charges which are not part of the agreement.
Thanks

Mukul Aggarwal   23 September 2008 at 09:45

Mode of Purchasing the property in india by Person of Indian Origin

i want to know that how a person of indian origin can purchase the property in india or book a flat in india and what will be the mode of payment i.e cheque or transfer or any other mode or there is any requirment of approval of any Govt. Aurhority /deptt.

vinod bansal   23 September 2008 at 08:10

suit for compensation

Sir
My friend was beaten badly by jail authority when he was in jail in a crl case ,Fir uss 323/325/506/34 ipc has been registered against jail official now my friend wants to file a suit for compensation on account of torture by jail personal...under which provision we can file this suit further is there any court fee i have to deposit in court for this suit.....can i file suit us 19 of cpc plz enlighten me....TRhanx
vinod Bansal

allurisivajiraju   23 September 2008 at 07:44

Amendments in Execution proceedings.

Respected Seniors,

In a civil case ofter obtaining Decree the DHr filed a petition to attach the amount of the JDr which was pending in the Savings Bank Account. The Court attached the said amount and conducted enquiry onthe said amount and after that passed an order in favour of the DHr.

Meanwhile the said Bank changed account numbers of all its customers due to computerisation and administration purpose.

After that the DHr filed a petition for sent for the attached amount from the Bank to Court. But the said Bank instead of sending amount to the Court gave a reply that the account number of the JDr was not tallied.

It is very clear by the earlier experts opinion that the there is no possible to change the account number by filing a petition U/O 6 R. 17 of C.P.C.

In the above circumstances what are the options available to the DHr for obtain the said attached amount. Please refer any citations in favour of the DHr.

Thanking You Sir.

mehul   22 September 2008 at 18:04

Legal heir certificate,Sucession certificate.legal heir affidavit in lieu of certificate

Please enlighten me on the above subjects.
Which documents are required to sell property of deceased who has left no will and has left behind wife and daughters married and unmarried. And where can the above cited documents be applied for and what is the procedure/time taken/cost involved.Are these documents required for taken loan against property.

Prabhu Dev   22 September 2008 at 14:59

Needed forms under shops & establishments

Dear Sir,

I need forms and applications for registering a firm under Punjab shops & establishments, & Gujarat shops & establishments
Also looking for application for getting 365 days opening permission license, and appointment of contract labour license.

Kindly send it to promentorconsulting@gmail.com

Regards,

Umesh

Adv.Shine Thomas   22 September 2008 at 14:24

Next step DoctorsClubIndia?

Dear LawyersClubIndia Team,
When will you start DoctorsClubIndia?Have any leagal disabilities?

ram   22 September 2008 at 11:27

gift to cunsubence daugher

One person gifted his own property to his cuncubence daughter. The orginal son's are haveing any right aganist that property.
is there is any legal procidure
Thank Q